Electronic Tele-Communications, Inc.

TI-1163
Warranties and License

(a) its hardware products, to be free from defective material and workmanship for a period of twelve (12) months. The warranty period shall begin on the date of system installation or a maximum of two (2) months after date of shipment from the ETC factory, whichever comes first; and

(b) that to the extent portions of the hardware are manufactured by ETC, the use of those portions in the U.S. by you for the purposes ETC specifies them for shall not infringe any copyright or patent rights of any third party that are in existence at the time the hardware is delivered to you by ETC. However, this limited non-infringement warranty will not extend to any infringement problems to the extent arising due to modifications you make to the equipment, or to the extent due to the use of the equipment for other than the ETC specified purposes, or to the extent due to the combination of this equipment with other equipment that you obtained from other sources.

With respect to equipment in violation of the (a) warranty ETC shall replace (or at its option repair) such equipment, which under normal use and service, discloses such defects within the warranty period, upon your notifying ETC thereof. Refer to the Maintenance Plans in the Service and Support section of www.etcia.com for specific coverage.

With respect to equipment in violation of the (b) warranty ETC shall, within a reasonable time after being notified of the infringement problem, (i) obtain a license or other right sufficient to avoid the infringement problem or (ii) modify the infringing equipment in a form sufficient to avoid the problem, or (iii) authorize return of the equipment to it and provide a full refund to you of an amount equal to the price of the infringing equipment.

Products returned for replacement, repair, modification or refund must be properly packaged for shipment. Returned products must have either the pre-addressed ETC shipping label, which will be sent to the customer at the time a RETURN AUTHORIZATION (RA) number is requested; or a faxed copy of the RETURN AUTHORIZATION (RA) number which will be faxed to the customer at the time the RA number is requested. In addition, information relative to the equipment-related problem must be provided.

A RETURN AUTHORIZATION (RA) number must be obtained prior to returning equipment by calling:

Electronic Tele-Communications, Inc.

Toll Free within the United States or Canada
1-800-331-2085

From outside the USA or Canada call
(262) 542-3695

Customer will be directed to return equipment intended for replacement, repair or modification to our main factory at

1915 MacArthur Road
Waukesha, Wisconsin 53188

The (a) warranty shall be voided as to any products which have been repaired, worked upon or altered by persons not authorized by ETC or which have been subject to misuse, negligence or accident. Also, the (a) warranty shall not apply to any product which has been connected, installed, used or adjusted other than in accordance with the instructions furnished by ETC.

ETC reserves the right to make changes in the design or construction of any of its products at any time without incurring any obligation to make changes or alterations in products previously sold.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND NO COMPANY OR PERSON IS AUTHORIZED TO REPRESENT OR ASSUME FOR ETC ANY LIABILITY IN CONNECTION WITH THE SALE OF ETC PRODUCTS OTHER THAN AS SET FORTH HEREIN. THIS WARRANTY SUPERSEDES ALL ORAL OR WRITTEN COMMUNICATIONS, OR DOCUMENTS; NEITHER PURCHASE ORDERS, ACKNOWLEDGEMENTS THEREOF, NOR INVOICES MAY ADD, CHANGE, ALTER OR AFFECT THE TERMS AND CONDITIONS OF THIS WARRANTY. ACCESSORY PRODUCTS NOT MANUFACTURED BY ETC ARE NOT COVERED BY THIS WARRANTY. IN NO EVENT SHALL ETC BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE REMEDIES FOR BREACH OF WARRANTY PROVIDED HEREIN ARE EXCLUSIVE, AND NO OTHER REMEDIES SHALL BE PROVIDED. THUS ETC'S ENTIRE LIABILITY FOR A BREACH OF WARRANTY SHALL NOT EXCEED THE PURCHASE PRICE FOR THE HARDWARE.

WARNING: This equipment generates, uses and can radiate radio frequency energy and if not installed and used in accordance with the instruction manuals, may cause interference to radio communications. It has been tested and found to comply with the limits for a Class A computing device pursuant to Part 15 of FCC Rules, which are designed to provide reasonable protection against such interference when operated in a commercial environment. Operation of this equipment in a residential area is likely to cause interference in which case the user at his expense will be required to take whatever measures may be required to correct the interference.

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Software Warranty and License

LIMITED WARRANTY

Electronic Tele-Communications, Inc. (ETC) warrants:

(a) for a period of twelve (12) months that the ETC software delivered be free from defects in material and workmanship, under normal use for the purpose intended by ETC. The warranty period shall begin on the date of system installation or a maximum of two (2) months after date of shipment from ETC factory, whichever comes first. However, ETC does not warrant that the functions contained in the software will meet your requirements, or that the operation of the software will be uninterrupted or error free. Also, this warranty does not extend to software defects or failures resulting from misuse, neglect, accident or abuse not caused by ETC. The warranty also does not cover software that has been improperly installed, modified or altered, nor does this warranty extend to any software defects or failures resulting from improper handling, failure to follow ETC's operating instructions or failure to maintain environmental conditions as recommended by ETC. In addition, this warranty does not cover customer provided software. This warranty does not cover any damages to ETC software or customer software due to installation of customer provided software; and

(b) that to the extent portions of the software are created by ETC, the use of those portions in the U.S. by you for the purposes ETC specifies them shall not infringe any copyright or patent rights of any third party that are in existence at the time the software is delivered to you by ETC. However, this limited non-infringement warranty will not extend to any infringement problems to the extent arising due to modifications you make to the software, or to the extent due to the use of the software for other than the ETC specified purposes, or to the extent due to the combination of this software with other software that you obtained from other sources.

With respect to software in violation of the (a) warranty ETC shall replace (or at its option) repair such software, which under normal use and service, discloses such defects within the warranty period, upon your notifying ETC thereof.

With respect to software in violation of the (b) warranty ETC shall, within a reasonable time after being notified of the infringement problem, (i) obtain a license or other right sufficient to avoid the infringement problem, or (ii) modify the infringing software in a form sufficient to avoid the problem, or (iii) authorize return of the software to it and provide a full refund to you of an amount equal to the price of the infringing software.

To the extent the software contains portions created by third parties (e.g. the base operating system), ETC extends to you such manufacturer's warranties as may have been provided to it in that regard with respect to end users, as is, without additional terms or conditions.

ETC MAKES NO OTHER WARRANTY WITH RESPECT TO THE SOFTWARE AND THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. THIS WARRANTY SUPERSEDES ALL ORAL OR WRITTEN COMMUNICATIONS, OR DOCUMENTS; NEITHER PURCHASE ORDERS, ACKNOWLEDGEMENTS THEREOF, NOR INVOICES MAY ADD, CHANGE, ALTER OR AFFECT THE TERMS AND CONDITIONS OF THIS WARRANTY. IN NO EVENT WILL ETC BE LIABLE FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS ETC SOFTWARE, OR THE CUSTOMER PROVIDED SOFTWARE. THE REMEDIES FOR BREACH OF WARRANTY PROVIDED HEREIN ARE EXCLUSIVE, AND NO OTHER REMEDIES SHALL BE PROVIDED. THUS ETC'S ENTIRE LIABILITY FOR A BREACH OF WARRANTY SHALL NOT EXCEED THE PURCHASE PRICE FOR THE SOFTWARE.

ETC reserves the right to make changes to the software at any time without incurring any obligation to make changes or modifications to software previously sold.

GRANT OF RIGHTS
ETC grants you the right to use one copy of the software on a single platform or computer. You may not network the software or otherwise use it on more than one platform or computer at a time.

If this software is an upgrade to a previous version of an ETC software product, you may use either the current or prior version of the software, but never both versions at the same time.

You may make one copy of the software for backup purposes only. You may modify and/or merge the software into another program for use on a single platform or computer. Any portion of the software that is modified or merged into another program will continue to be subject to all the terms and conditions of this Agreement/Warranty. You may distribute copies of modified or merged software only if you have purchased a separate license for each distributed copy. You may transfer the software program and license to another party only if the other party agrees to accept the terms and conditions of this Agreement/Warranty. If you transfer the software, you must either transfer all portions of the software to the same party or destroy any portions of the software not transferred. This includes all portions of any software that may be modified or merged into another program. If you transfer possession of any software copy, modification or merged portion of the software, other than in accordance with this agreement your license is automatically terminated. You must reproduce and include the copyright notice on any copy, modification or portion merged into another program.

RESTRICTIONS
You may not copy, modify, merge, reverse engineer, create a derivative work, or otherwise use the software except as expressly provided for in this Agreement/Warranty.

SOFTWARE MEDIA
Some software packages may be provided on removable media or may be pre-loaded into the system. You may use only the removable media or pre-loaded software as appropriate for your single-user platform or computer.

BACKUP COPY
The software is protected by copyright law. Nevertheless, you may either (a) make one copy of the software solely for backup or archival purposes, or if necessary (b) transfer the software to a single hard disk provided you keep the original solely for backup or archival purposes. ETC retains all rights not expressly granted.

Table of Contents

Document Information

Part Number: TI-1163

Issue: 01 - December 2006

Title: Warranties and License