Bay Networks 5399 Provisioning Manual page 5

from the date Software is first shipped to Licensee. Bay Networks will replace
defective media at no charge if it is returned to Bay Networks during the warranty
period along with proof of the date of shipment. This warranty does not apply if
the media has been damaged as a result of accident, misuse, or abuse. The
Licensee assumes all responsibility for selection of the Software to achieve
Licensee's intended results and for the installation, use, and results obtained from
the Software. Bay Networks does not warrant a) that the functions contained in the
software will meet the Licensee's requirements, b) that the Software will operate in
the hardware or software combinations that the Licensee may select, c) that the
operation of the Software will be uninterrupted or error free, or d) that all defects
in the operation of the Software will be corrected. Bay Networks is not obligated to
remedy any Software defect that cannot be reproduced with the latest Software
release. These warranties do not apply to the Software if it has been (i) altered,
except by Bay Networks or in accordance with its instructions; (ii) used in
conjunction with another vendor's product, resulting in the defect; or (iii) damaged
by improper environment, abuse, misuse, accident, or negligence.
118354-A Rev. A v