VeEX FX87 User Manual page 36

• Failure to follow the product instructions or failure to perform preventive maintenance
• Using accessories, parts or components not supplied by VeEX
• Commercial hardware products that use, or in which have been installed, products or
components that have not been provided by VeEX.
• Products with missing or altered service tags or serial numbers
• Products for which VeEX has not received payment
• Normal wear and tear
Customer is solely responsible for assessing the suitability of the Product for use in particular
applications and backing up its programs and data to protect against loss or corruption. VeEX's
warranty obligations do not include installation support. No one is authorized to make any
statement or representation altering the terms of this Limited Warranty.
Limited Software Warranty
Subject to the terms of VeEX's End User License Agreement, VeEX warrants for a period of 90
days from the Start Date that: (i) the media on which the Software is delivered will be free of
defects in material and workmanship under normal authorized use consistent with the Product
instructions; and (ii) the Software will perform substantially in accordance with VeEX's standard
specifications. VeEX does not warrant that the Software will operate uninterrupted or error-free.
In the event that VeEX receives notice during the warranty period for (the "Error"), Customer's
sole and exclusive remedy, and VeEX's sole and exclusive liability, shall be: (1) for VeEX to
replace the defective media; or (2) to provide Customer with a replacement copy of the Software
containing any correction or modification needed to remedy the Error; or (3), at its sole option,
to use commercially reasonable efforts to correct any substantial nonconformity of the Software
reported to VeEX's authorized service or support representative by Customer during the
warranty period. Customer's sole and exclusive remedy for VeEX's failure to correct the Error
will be the refund of the purchase price of the Software, provided that the Software is returned
to VeEX by the Customer along with proof of purchase within thirty (30) days of the request by
the Customer, freight prepaid. VeEX shall not be obligated to remedy any Error which cannot be
adequately reproduced by VeEX.
During the Warranty Period, VeEX will provide, without charge to the customer, all fixes, patches
and enhancements to the purchased software, firmware and software options. VeEX does not
warrant that all software or firmware defects will be corrected. New enhancements attached to
a software option require the option to be purchased (at the time of order or the time of upgrade)
in order to benefit from such enhancements.
VeEX's obligations hereunder are conditioned upon Customer's compliance with the terms of
VeEX's End User License Agreement. For purposes of this Limited Warranty, "Software" means
any VeEX software embedded in or installed on any Hardware when delivered to Customer, or
any VeEX software identified in a Purchase Order, invoice or proof of entitlement issued by
VeEX. With respect to any Software that is not shipped from VeEX's facilities or from an
authorized VeEX reseller to the Customer, the "Start Date" shall mean the date when the
Customer is granted access to the Software on the VeEX website.
The foregoing warranty shall not apply to any failure to conform by the Software that is caused
by (a) the use or operation of the Software in an environment other than that intended or
recommended by VeEX in the applicable Documentation, (b) modifications to the Software not
made or authorized by VeEX, (c) third party hardware or software, provided by any third party
and not authorized by VeEX for use with the Software, (d) used other than in its most current
FX87 DWDM Tunable Laser Source User's Manual
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