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AcIara WanarNes <br /> Adore TedrrbgesLLC <br /> Warranty) from the date the replacement is returned to the PURCHASER. Aclara Technologies <br /> LLC reserves the right to supply factory refurbished equipment, new equipment, or a newer model <br /> that provides equivalent or better performance. <br /> The STAR® Utility MTU warranties do not cover repairs or replacements required as a result of: <br /> misuse, mishandling, improper storage, accident, modification, improper operation, installation <br /> errors, meter failures, theft, vandalism, repair by unauthorized personnel, or battery life for MTUs <br /> that are configured and operated for more than two(2)to four(4)transmissions per day. <br /> Aclara Technologies LLC makes no warranty whatsoever with respect to the minimum <br /> communication distance or reliability of the radio propagation path of STAR®Utility MTUs. <br /> Each MTU includes software which is proprietary to Aclara Technologies LLC and which is <br /> protected by United States Copyright Laws with which the PURCHASER must comply. <br /> PURCHASER has the right to utilize the software in the MTU with the MTU,but PURCHASER may <br /> not disassemble, decompile,or modify the software. The software is confidential and the property <br /> of Aclara Technologies LLC and shall not be disclosed to others. <br /> THE WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL WARRANTIES, EXPRESSED <br /> OR IMPLIED, INCLUDING WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A <br /> PARTICULAR PURPOSE. <br /> THE LIABILITY OF ACLARA TECHNOLOGIES LLC SHALL BE LIMITED TO REPAIR OR <br /> REPLACEMENT OF ANY DEFECTIVE PRODUCT. IN NO EVENT SHALL ACLARA <br /> TECHNOLOGIES LLC BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO <br /> SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, <br /> RESULTING FROM PRODUCT INSTALLATION, USE, REMOVAL OR REINSTALLATION. THE <br /> REMEDIES SET FORTH HEREIN ARE EXCLUSIVE, AND IN NO EVENT SHALL THE <br /> LIABILITY OF ACLARA TECHNOLOGIES LLC EXCEED THE PRICE OF THE PRODUCT ON <br /> WHICH SUCH LIABILITY IS BASED. THE LIMITATION OF REMEDIES SET FORTH HEREIN IS <br /> IN RECOGNITION OF THE DIFFICULTIES OF PROOF OF LOSS AND THE INCONVENIENCE <br /> AND NON-FEASIBILITY OF OTHERWISE MEASURING DAMAGES AND OBTAINING AN <br /> ADEQUATE REMEDY. <br /> THE WARRANTIES CONTAINED HEREIN MAY NOT BE ALTERED, AMENDED, OR <br /> MODIFIED,EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED <br /> REPRESENTATIVE OF ACLARA TECHNOLOGIES LLC. <br /> The information contained herein is proprietary and confidential to Adana Technologies LLC and shall not be released or <br /> disclosed to any third party without prior written approval. <br /> °`� ACLARA 3 <br />