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Nextel® Services Guide
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effective when accepted by the Company. Should any provision of this Agreement be illegal or in
contravention of the law, such provision shall be considered null and void but the remainder of this Agreement
shall not be affected thereby. The failure of Company, at any time to require the performance by Customer of
the provisions of this Agreement shall not affect in any way the right to require such performances at any later
time nor shall the waiver by Company of a breach of any provision hereof be taken or held to be a waiver of
compliance with or breach of any other provision or a continuing waiver of such provision.
18. ASSIGNMENT/RESALE/GOVERNING LAW – This Agreement may be freely assigned by Company to
any successor of it or any other firm or entity capable of performing its obligations hereunder, and upon any
such assignment, Company shall be released from all obligations to Customer. Customer may not assign this
Agreement, or resell the services which are subject to this Agreement without prior written consent of
Company. Subject to the restrictions contained herein, this Agreement shall bind and inure to the benefit of the
successors and permitted assigns of the parties hereto. This Agreement shall be governed by the laws of the
State or Commonwealth in which this Agreement is executed by the Company.
19. NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER EMERGENCY CALLS - (a) The
Service provided hereunder does not interact with 911 and other emergency services in the same manner as
landline telephone service. Depending on Customer’s location and the circumstances and conditions of a
particular call, the Service provided hereunder may not be able to identify Customer’s telephone number and/or
location to emergency services, and Customer may not always be connected to the appropriate emergency
services provider. Company is deploying wireless Enhanced 911 (“E911 ”) service to help public safety
authorities locate Customers and other users of the Service who make 911 calls. However, E911 is not available
in all areas, and even in those areas where it is implemented, inherent limitations in this advanced wireless
technology prevent it from being 100% reliable. Accordingly, Company agrees to provide Customer with E911
service where available, and Customer acknowledges that E911 service is not available in all areas and is not
completely reliable. (b) Customer hereby consents to Company’s disclosure of Customer information,
including but not limited to Customer name, address, telephone number, and location, to governmental and
quasi-governmental institutions such as emergency service providers and law enforcement agencies, where
Company deems it necessary to respond to an exigent circumstance.
20. NO WARRANTY (SERVICE) – COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE TO CUSTOMER IN CONNECTION WITH ITS USE OF THE
SERVICE.IN NO EVENT SHALL COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR
OTHER INDIRECT DAMAGES TO THE FULL EXTENT THE SAME MAY BE DISCLAIMED BY LAW.
CUSTOMER ACKNOWLEDGES THAT SERVICE INTERRUPTIONS WILL OCCUR FROM TIME TO
TIME, AND AGREES TO HOLD COMPANY HARMLESS FOR ALL SUCH INTERRUPTIONS.
21. NO WARRANTY (EQUIPMENT) – COMPANY MAKES NO WARRANTIES OR
REPRESENTATIONS OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, TO CUSTOMER OR TO
ANY OTHER PURCHASER OF THIS EQUIPMENT. WITHOUT LIMITING THE FOREGOING,
COMPANY SPECIFICALLY MAKES NO EXPRESS OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER HEREBY WAIVES,
AS AGAINST COMPANY, ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS, OR
LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE. IN NO EVENT SHALL
COMPANY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES,WHETHER
OR NOT OCCASIONED BY COMPANY NEGLIGENCE AND INCLUDING, WITHOUT LIMITATION,
LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM THE INTERRUPTION OR FAILURE IN
THE OPERATION OF ANY EQUIPMENT SOLD OR OTHERWISE PROVIDED HEREUNDER.THERE
ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN.
CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
QUIPMENT. UNLESS OTHERWISE AGREED BY COMPANY, IF THE EQUIPMENT PROVES
DEFECTIVE, THE COSTS OF ALL NECESSARY SERVICING AND REPAIR WILL BE BORNE BY
CUSTOMER.
22. NEXTEL ONLINE “GOLD ” SERVICES – Nextel Online “Gold ” Services are those Internet and data
Services offered in conjunction with a Service plan using the suffix “Gold ”; e.g., Packetsream Gold. Company
may charge an activation fee for each IP address for these services. These services may be used only with
mobile clients for Internet/intranet access and Internet e-mail via a standard HTML browser (e.g. Netscape ®
Navigator or Communicator, Microsoft ® Internet Explorer, etc.). It may also be used with software for proxy
applications, for dispatch applications, for POP3 email access, and for other use specifically approved by
Nextel. These Internet and data Services may not be substituted for a private line or frame relay connection, or
be used for streaming data feeds. Company reserves the right to deny service, without notice, to any Customer
whose usage adversely impacts Company’s network, systems or other subscribers’ use of Services.