4G Unwired expressly disclaims all implied warranties of fitness for a particular purpose and merchantability related to services or products provided by them. 4G Unwired makes no express warranties other than those set forth herein, if any. In providing its services, 4G Unwired makes no warranty or guarantee as to link quality, system performance or system availability. While 4G Unwired takes pride in the quality and thoroughness of its work, many factors such as environmental conditions, available frequencies, data rate requirements, accuracy of available data used in system performance analyses, and location limitations such as availability of existing facilities, end user connectivity, tower construction, wind loading, atmospheric conditions, antenna misalignment, antenna maintenance and performance to specification, system cabling or waveguide conditions, sources of noise and interference, system usage, or degradation caused by damage due to wildlife, improper installation, errors in commercially purchased software, and many other factors can, and will, affect wireless network performance and/or availability. It is the Customer’s sole responsibility to maintain adequate link margin to satisfy system performance expectations. Furthermore, 4G does not provide any warranty or guarantee regarding the suitability of any particular geographic site location for the installation of tower or other system equipment. 4G Unwired is providing computer predictions and calculations from industry accepted and commercially available software that is based on IEEE formulas along with digitized terrain and clutter obtained from other commercial sources. Customer is responsible to confirm that Line of Site (LOS) exists for all paths. 4G Unwired highly recommends that a structural survey be performed by a licensed structural engineer to confirm wind loading and local safety requirements. It is Customer’s sole responsibility to assess the suitability of site locations, as many factors may affect site suitability such as, for example, the effects of local building codes, local or national regulatory requirements, future planned (or unplanned) nearby construction and other present and future real-world conditions. Thus 4G Unwired provides no warranty regarding the effects such present and future real-world conditions may have on system performance or availability. It is a material term of this Contract, and an inducement for 4G Unwired to agree to perform its services hereunder, that no warranties are provided hereunder, and that none of the consideration paid to 4G Unwired under this Contract is intended as consideration for any such warranty or guarantee by 4G Unwired, unless such warranty is expressly stated herein.
4G UNWIRED’S TOTAL LIABILITY TO CUSTOMER FOR ANY INDEMNITY COMMITMENTS OR FOR ANY DAMAGES ARISING IN ANY WAY OUT OF THE PERFORMANCE OF THIS CONTRACT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER TO 4G UNWIRED UNDER THE TERMS OF THIS AGREEMENT. IN NO EVENT SHALL 4G UNWIRED BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF THE PERFORMANCE OF SERVICES HEREUNDER INCLUDING, BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR BUSINESS INTERRUPTION WHETHER CAUSED BY NEGLIGENCE OF 4G UNWIRED, OR OTHERWISE, AND CUSTOMER SHALL INDEMNIFY AND HOLD 4G UNWIRED HARMLESS FROM ANY SUCH DAMAGES OR LIABILITY.
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