Assessments - 3, GPA: 4.3 ( )

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Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. 7. Miscellaneous. This Agreement and the licenses granted hereunder are assignable or transferable by Licensee only in conjunction with the sale and transfer of the 2Wire Product within which the software was first delivered. 2Wire may assign this Agreement in whole or in part. Any notice, report, approval or consent required or permitted hereunder shall be in writing. Licensee hereby represents that Licensee is not an agency, department or other entity of the United States Government. If this license is acquired under a U.S. Government contract, use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in FAR subparagraphs 52.227.19 (a) and (d) for civilian agency contracts and DFARS 252.227-7013@(ii) for Department of Defense contracts. No failure or delay in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder preclude further exercise. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of, the State of California and the United States without regard to conflicts of laws or provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Any waivers or amendments shall be effective only if made in writing. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorney’s fees and costs in connection with such action. Licensee represents that it is not a government agency and it is not acquiring the license pursuant to a government contract or with government funds. 48 Limited Hardware Warranty 2Wire warrants to the original owner that the hardware product delivered in this package will be free from material defects and workmanship for one (1) year following the date stated on the receipt evidencing proof of purchase of the product. The warranty does not cover the product if it is damaged in the process of being installed. THE ABOVE WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION, SAMPLE OR OTHERWISE. This warranty does not cover replacement of products damaged by abuse, accidental misuse, neglect, alteration, repair, disaster, improper installation or improper usage. If the product is found to be otherwise defective, 2Wire, at its option, will replace or repair the product at no charge, except as set forth below, provided that you deliver the product along with a return material authorization (RMA) number either to the company from whom you purchased it or to 2Wire (North America only) within the one-year warranty period, or within 5 days after expiration of the warranty period (to allow for delivery time). If you ship the product, you must assume the risk of damage or loss in transit. You must use the original container (or the equivalent) and pay the shipping charge. 2Wire may replace or repair the product with either new or remanufactured product or parts, and the returned product becomes 2Wire’s property. 2Wire warrants the repaired or replaced product to be free from material defects and workmanship for a period of the greater of: (i) ninety (90) days from the date you received the repaired or replaced product, or (ii) the period of time remaining on the original one (1) year warranty. This warranty gives you specific legal rights, and you may have other rights that vary from state to state. All parts or components contained in this product are covered by 2Wire’s limited warranty for this product. Returning a Defective Product (RMA) Before returning any product, contact 2Wire Customer Support and obtain an RMA number by calling: US & Canada only: 1-800-877-5718 for filter and adapter products 1-877-347-8680 for residential gateway products or, Return the product to the place of purchase. If 2Wire Customer Support determines that the product may be defective, they will issue you an RMA number to place on the outer package of the product. 2Wire cannot accept any product without an RMA number on the package. Limitation of Liability and Remedies 2Wire SHALL HAVE NO LIABILITY FOR ...

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