ZTE ZXHN H108N User Manual

ZXHN H108N User’s Manual

Document version: 20110725-R1.4

translated, annotated or duplicated, in any form or by any means without the prior written permission of ZTE Corporation.

ZTE CORPORATION reserves the right to modify this manual for product upgrade or other causes without notifying users in advance.

Limited warranty

ZTE warrants that, for one year from the date of delivery by ZTE to purchaser's designated carrier, the Equipment will remain free from defects in design, material and workmanship under normal use and service and will conform in all material respects to the applicable specifications set forth in purchase order or agreement; ZTE does not warrant that operation of the Equipment will be error-free or uninterrupted.

In accordance with ZTE's standard, warranty terms, ZTE shall, at its option, repair or replace any defective or nonconforming item, provided that (a) purchaser/End User gives ZTE written notice of the defect or nonconformity within the warranty period specified above promptly after Reseller is notified by the End User of the same; and (b) End User

returns the defective item at its expense to ZTE’s nominated Customer

Service Department in accordance with ZTE’s standard parts exchange

procedures. This warranty does not apply to defects or errors in the Equipment

caused by:(a) reasonable abrasion of equipments; (b)End User’s failure

to follow ZTE’s installation, operation or maintenance instructions or

procedures; (c) End User’s mishandling, misuse, negligence, or

improper installation, deinstallation, storage, servicing or operation of the Equipment; (d) modifications or repairs not made by ZTE or a ZTE-certified individual;(e) power failures, surges, fire, flood, accident,

actions of third parties or other events outside ZTE’s reasonable control.

(f) usage of products of third Parties, or usage conjunction with third parties provided that such defects is due to the conjunction;(g) any

ZXHN H108N User’s Manual

other cause beyond the range of normal usage for equipments. End User shall assure that Equipment is installed and maintained by ZTE or ZTE-certified individuals in accordance with ZTE’s certification procedures; provided that if End User causes or permits services to be provided by individuals who are not ZTE-certified, the Warranty shall be void as to all Equipment serviced in breach of this sentence. End User shall have no right to reject, return, or receive a refund for any Equipment from ZTE. Any item repaired or replaced by ZTE shall continue to be warranted for the longer of the remainder of the original warranty period or 90 days from the date the repaired or replaced part is delivered to the carrier.

THIS WARRANTY (1) IS END USER'S SOLE REMEDY AND ZTE’S SOLE LIABILITY FOR DEFECTIVE OR NONCONFORMING ITEMS , AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE REQUIRED UNDER THE MANDATORY PROVISIONS OF THE CHINESE LAW, AND (2) IS BETWEEN ZTE AND END USER (AS THE ORIGINAL PURCHASER FOR END USE) AND MAY NOT BE TRANSFERRED OR ASSIGNED, BY OPERATION OF LAW OR OTHERWISE, WITHOUT ZTE’S PRIOR WRITTEN CONSENT.

Limitation of Liability

ZTE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF OR IN CONNECTION

ZXHN H108N User’s Manual

iii

WITH USING OF THIS PRODUCT, WHETHER OR NOT ZTE HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAM AGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, COST OF CAPITAL, COS T OF SUBSTITUTE FACILITIES OR EQUIPMENT, ANY DOWNTIME C OSTS OR CLAIMS OF END USERS. THE LIABILITY OF EACH PARTY UNDER THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY) OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIABILITY) OR UNDER AN INDEMNIFICATION PROVISION SHALL IN NO EVENT EXCEED THE AGGREGATE AMOUNT BENIFITED BY ZTE IN THE PRODUCTS FROM WHICH SUCH LOSS OR DAMAGE DIRECTLY AROSE.

Confidentiality

End User agrees that End User will receive confidential or

proprietary information (“Confidential Information”) in connection

with the purchase and deployment of ZTE Equipment. End User

will not disclose ZTE’s Confidential Information, will use it only

for purposes for which it was disclosed, and must treat it with the same degree of care as it does its own similar information, but with no less than reasonable care. End User agrees that the terms herein, the Equipment and all ZTE documentation is ZTE Confidential Information.

ZXHN H108N User’s Manual

+ 14 hidden pages