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LUCENT TECHNOLOGIES’ OBLIGATION TO REPAIR, REPLACE, OR
REFUND, AS SET FORTH ABOVE, IS YOUR EXCLUSIVE REMEDY.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, LUCENT
TECHNOLOGIES, ITS AFFILIATES, SUPPLIERS, AND DEALERS MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
Limitation of Liability
Except as provided below, the liability of Lucent Technologies and its affiliates
and suppliers for any claims, losses, damages, or expenses from any cause
whatsoever (including acts or omissions of third parties), regardless of the form
of action, whether in contract, tort, or otherwise, shall not exceed the lesser of:
(1) the direct damages proven; or (2) the repair cost, replacement cost, license
fee, annual rental charge, or purchase price, as the case may be, of the
equipment that directly gives rise to claim. Except as provided below, Lucent
Technologies and its affiliates and suppliers shall not be liable for any
incidental, special, reliance, consequential, or indirect loss or damage incurred
in connection with the equipment. As used in this paragraph, consequential
damages include, but are not limited to, the following: lost profits, lost
revenues, and losses arising out of unauthorized use (or charges for such use)
of common carrier telecommunications services or facilities accessed through
or connected to the equipment. For personal injury caused by Lucent
Technologies’ negligence, Lucent Technologies’ liability shall be limited to
proven damages to person. No action or proceeding against Lucent
Technologies or its affiliates or suppliers may be commenced more than twelve
(12) months after the cause of action accrues. THIS PARAGRAPH SHALL
SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.
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