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,IUI . 30 . 1996 6 : 35PM No • 2188 P • 1 / 5 <br /> Rev, 2, 07102 <br /> BETA TEST SITE APPLICA'T'ION <br /> By this application, NEC Unified Solutions (Enterprise) , hereby submits Indian River <br /> County Library for consideration as a Beta test site to NEC UNIFIED SOLUTIONS, INC, <br /> [hereafter "NEC") for review as a potential applicant for a Beta test site. <br /> The product to be evaluated is: 3800 Series R13 Software <br /> IPS DML expansion using the following hardware: <br /> SPN•CP31 E (CPU) <br /> PN-CP33 Firmware Processor <br /> PZ-M697 Ether and Bus card <br /> 1. Installation Consideration <br /> Indian River County understands and acknowledges that the installation of the Product at the <br /> Indian River County Library site is one of the initial installations of this Product under actual <br /> working conditions and NEC makes no representations concerning the performance of the <br /> Product, <br /> NEC MAKES NO WARRANTIES OF ANY KIND OR NATURE CONCERNING THE <br /> PRODUCT INCLUDING [BUT NOT LIMITED TO] ANY IMPLIED WARRANTIES OF <br /> MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. <br /> 2. Limitation of Liabib� <br /> NECCIs liability for any and all claims of any kind, including negligence, for any loss or damage <br /> arising out of, connected with or resulting from the purchase and installation of the Product, or <br /> from the performance or breach thereof shall, in the aggregate, not exceed the purchase price for <br /> the particular item of equipment. IN NO EVENT SHALL NEC BE LIABLE FOR <br /> INDIRECT, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING <br /> FROM OR ARISING OUT OF ITS PERFORMANCE OR FAILURE TO PERFORM ITS <br /> OBLIGATIONS TO THE AUTHORIZED RESELLER, WHETHER OR NOT <br /> NECAM/CNG HAI) BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF <br /> THE POSSIBILITY OF SUCH DAMAGES. <br />