JDS Uniphase SmartClass User Manual page 180

Appendix A Specifications
Warranty information
JDSU's obligation and customer's sole remedy under this Hardware Warranty is limited to the
repair or replacement, at JDSU's option, of the defective product. JDSU shall have no obliga-
tion to remedy any such defect if it can be shown: (a) that the Product was altered, repaired, or
reworked by any party other than JDSU without JDSU's written consent; (b) that such defects
were the result of customer's improper storage, mishandling, abuse, or misuse of Product; (c)
that such defects were the result of customer's use of Product in conjunction with equipment
electronically or mechanically incompatible or of an inferior quality; or (d) that the defect was
the result of damage by fire, explosion, power failure, or any act of nature.
JDSU performed repairs shall be warranted from defective material and workmanship for a
period of ninety (90) days, or until the end of the Initial Warranty Period, whichever is longer.
Risk of loss or damage to Product returned to JDSU for repair or replacement shall be borne by
customer until delivery to JDSU. Upon delivery of such product, JDSU shall assume the risk of
loss or damage until that time that the product being repaired or replaced is returned and deliv-
ered to customer. Customer shall pay all transportation costs for equipment or software
shipped to JDSU for repair or replacement. JDSU shall pay all transportation costs associated
with returning repaired or replaced product to customer.
Software Warranty — JDSU warrants that Software Products licensed to Customer shall,
under normal use and service, and for a period of ninety (90) days from the date of shipment of
the Software to Licensee (the "Warranty Period"), perform in all material respects in accor-
dance with the published specifications for such Software as established by JDSU. However,
JDSU does not warrant that the Software will operate uninterrupted or error free, operate in the
combination with other software, meet Customer's requirements, or that its use will be uninter-
rupted.
JDSU's obligation and Customer's sole and exclusive remedy under this Software Warranty is
limited to, at JDSU's option, either (i) correcting the material errors reported to JDSU in writing
by Customer during the Warranty Period and which JDSU is able to reproduce, (ii) replacing
such defective Software, provided that JDSU received written notice of such defect within the
Warranty Period, or (iii) provided that JDSU received written notice of such defect within the
Warranty Period, terminating the License and, upon return to JDSU of the Software, Documen-
tation and all other materials provided by JDSU under the applicable License, providing
Customer with a refund of all charges paid with respect thereto. JDSU shall have no warranty
obligations hereunder if (a) the Software is altered or modified or is merged with other software
by Customer or any third party or (b) all or any part of the Software is installed on any computer
equipment other than the Designated Server or used with any operating system for which the
Software is not designed.
Customer acknowledges that the Software Products provided by JDSU hereunder may contain
third party software not produced by JDSU (a "Third Party Supplier Product"), and may be
made available under the software license(s) specific to that Third Party Supplier Product. To
the extent a Third Party Supplier Product is made available under the GNU General Public
License, such license shall govern the use of such Third Party Supplier Product, and the
following notice shall apply:
"(1) This program is free software; you can distribute it and/or modify it under the terms of the
GNU General Public License as published by the Free Software Foundation; either version 2 of
the License, or (at your option) any later version. This program is distributed in the hope that it
will be useful, but WITHOUT ANY WARRANTY; without even the IMPLIED WARRANTY OF
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General
Public License for more details. If you would like to receive further details concerning the use of
such General Public License Software or would like to receive a copy of the GNU General
Public License, please make a written request to
JDSU, One Milestone Center Ct., Germantown, Maryland 20876-4023 or write to the Free Soft-
ware Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA."
WARRANTY DISCLAIMER — FOR HARDWARE, AND/OR SOFTWARE FURNISHED BY JDSU,
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTEES AND CONDI-
TIONS, EXPRESS OR IMPLIED. JDSU SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, ON ANY HARDWARE, SOFTWARE, DOCUMENTATION OR
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SmartClass TPS User's Guide
22035456, Rev 001 June 2014