Juniper networks backdating
EXCEPT AS EXPRESSLY SET FORTH ABOVE, JUNIPER NETWORKS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, OR WARRANTIES OR OBLIGATIONS ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
("Juniper Networks"), (ii) in the case of resale by an authorized Juniper Networks distributor, the date not more than ninety (90) days after original shipment of this product by Juniper Networks, or (iii) in the case of Juniper Certified Pre-Owned ("JCPO") product, the date JCPO product is shipped from the JCPO authorized reseller.
The following is a summary of the proceedings in this lawsuit: “These lawsuits are class actions alleging that Juniper, certain of its current and former officers and directors and Juniper’s auditors, Ernst & Young LLP, violated federal securities laws.
The people who are suing are called the New York City Pension Funds, and are comprised of the New York City Employees’ Retirement System, the Teachers’ Retirement System of the City of New York, the New York City Fire Department Pension Fund, the New York City Police Pension Fund, the New York City Police Superior Officers’ Variable Supplements Fund, the New York City Police Officers’ Variable Supplements Fund, the New York City Firefighters’ Variable Supplements Fund, the New York City Fire Officers’ Variable Supplements Fund, and the New York City Teachers’ Retirement System of the City of New York Variable Annuity Program.
TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL JUNIPER NETWORKS OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOST DATA, OR INDIRECT, SPECIAL, HYBRID, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF JUNIPER NETWORKS OR ITS AFFILIATE OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT ANY REMEDY PROVIDED SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
THE TOTAL CUMULATIVE LIABILITY TO CUSTOMER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT PAID BY CUSTOMER.