THESE TERMS AND CONDITIONS CONSTITUTE Clause Samples

THESE TERMS AND CONDITIONS CONSTITUTE. A SERVICE CONTRACT AND NOT A WARRANTY FOR THE COM21 SOFTWARE. THE COM21 SOFTWARE AND ALL MATERIALS RELATED TO THE COM21 SOFTWARE ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE AGREEMENT. THIS EXHIBIT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO. 38 Confidential EXHIBIT E DEMONSTRATION SYSTEM MODEL NUMBER DESCRIPTION VERSION PRICE SUBSCRIBER UNITS CP1000 ComPORT Cable Modem - US - High Frequency Band US [*] CP1100 ComPORT Cable Modem - Int'l - High Frequency Band INTERNATIONAL [*] HEADEND UNITS CC2100 ComCONTROLLER Ch/Sw/DPS/Tx/Rx/CC/EM (USD) US [*] CC2110 ComCONTROLLER Ch/Sw/DPS/Tx/Rx/CC/EM (Int'l) INTERNATIONAL [*] NMAPS CS3100 Network Management and Provisioning Station Software US [*] CS3000 Network Management and Provisioning Station Software INTERNATIONAL [*] SOFTWARE CS0300 HCX System Software License US [*] CS0310 HCX System Software License INTERNATIONAL [*] [*] Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. EXHIBIT F COM21 PRODUCTS EXTENDED WARRANTY [LOGO[ COMMUNICATIONS FOR THE ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ Service Policy Document 280-▇▇▇▇-▇▇ Version 1.0 April 22, 1998 Approvals: ---------------------------- --------------------------------- Buck ▇▇▇ (▇▇rketing) Bill ▇▇▇▇▇▇▇▇▇ (▇▇les) ---------------------------- --------------------------------- Mike ▇▇▇▇▇▇ (▇▇pport) Dave ▇▇▇▇▇▇▇▇▇ (▇▇nance) 40 Confidential PURPOSE This document summarizes the terms and conditions of Com2▇ ▇▇▇▇▇▇▇▇ ▇▇▇ Service offerings for Com21 hardware and software products. HARDWARE WARRANTIES STANDARD HARDWARE WARRANTY POLICY Com21 warrants that the hardware portion of the ComCONTROLLER and ComPORT products will materially conform to the specifications applicable to such product and will be free from material defects in materials and workmanship under normal and proper use for one (1) year from the date of Com21's shipment. Com21's sole liability under this warranty is, at the option of Com21, to repair or replace a Com21 hardware product that does not conform with the foregoing warranty. This warranty shall not apply any damage or defect arising as a result of neglect, improper installation, alteration, accident, or improper use of a Com21 hardware product. This warranty is specifically in lieu of, and Com21 disclaims, all other warr...
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THESE TERMS AND CONDITIONS CONSTITUTE. A SERVICE CONTRACT AND NOT A WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ALL MATERIALS RELATED TO THE SOFTWARE ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE AGREEMENT. THIS EXHIBIT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO. C-4. 40 EXHIBIT D COM21 WARRANTY AND SERVICE POLICY PURPOSE This document summarizes the terms and conditions of COM2▇ ▇▇▇▇▇▇▇▇ ▇▇▇ Service offerings for COM21 hardware and software products supplied to reseller. HARDWARE WARRANTIES STANDARD HARDWARE WARRANTY POLICY COM21 warrants that the hardware portion of the ComCONTROLLER and ComPORT products will materially conform to the specifications applicable to such product and will be free from material defects in materials and workmanship under normal and proper use for one (1) year from the date of COM21's shipment. COM21's sole liability under this warranty is, at the option of COM21, to repair or replace a COM21 hardware product that does not conform with the foregoing warranty. This warranty shall not apply any damage or defect arising as a result of neglect, improper installation, alteration, accident, or improper use of a COM21 hardware product. This warranty is specifically in lieu of, and COM21 disclaims, all other warranties, express or implied, including, without limitation, any warranty for merchantability, fitness for a particular purpose and non-infringement. COM21 will not be liable for any incidental or consequential damages or for the cost of substitute goods, services or technology. OTHER POLICY TERMS: - ComCONTROLLER and ComPORT products are covered for twelve (12) months from date of COM21's shipment at no charge. - $50 no trouble found charge for units that are returned, but are determined by COM21 to conform with the warranty. - reseller pays shipping charges to COM21; COM21 pays return shipping charges unless no trouble found, then reseller pays return shipping charges unless otherwise agreed to by COM21. - COM21 sends the repaired or replaced hardware units to reseller within fifteen (15) working days after COM21's receipt of the defective products covered under warranty unless otherwise agreed to. - A COM21 Return Material Authorization number must be obtained from COM21 Technical Support for all warranty and non-warranty repairs prior to return of hardware products. POST-WARRANTY HARDWARE EQUIPMENT SUPPORT
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Related to THESE TERMS AND CONDITIONS CONSTITUTE

  • Covenants and Conditions; Construction of Agreement All provisions of this Lease to be observed or performed by Lessee are both covenants and conditions. In construing this Lease, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Lease. Whenever required by the context, the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

  • Definitions Construction (a) All initially capitalized terms used herein (including in the preamble and recitals hereof) without definition shall have the meanings ascribed thereto in the Credit Agreement (including Schedule 1.1 thereto). Any terms (whether capitalized or lower case) used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein or in the Credit Agreement; provided that to the extent that the Code is used to define any term used herein and if such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern. In addition to those terms defined elsewhere in this Agreement, as used in this Agreement, the following terms shall have the following meanings:

  • Terms and Conditions of Sale This Price List supersedes all previous price lists.

  • Captions; Construction The table of contents, captions, headings and titles in this Lease are solely for convenience of reference and shall not affect its interpretation. This Lease shall be construed without regard to any presumption or other rule requiring construction against the party causing this Lease to be drafted. Each covenant, agreement, obligation or other provision of this Lease on Tenant’s part to be performed, shall be deemed and construed as a separate and independent covenant of Tenant, not dependent on any other provision of this Lease.

  • Terms and Conditions of Sales Shares shall be offered for sale only in those jurisdictions where they have been properly registered or are exempt from registration or for which appropriate notice filings have been made, and only to those groups of people which the Board may from time to time determine to be eligible to purchase such shares.