JDS Uniphase Wavetek DSAM Series Quick Start Manual page 76

Appendix B Customer Services
Customer care
60
rial respects in accordance with the published specifi-
cations for such Software as established by Acterna.
However, Acterna 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 uninterrupted.
Acterna's obligation and Customer's sole and exclu-
sive remedy under this Software Warranty is limited
to, at Acterna's option, either (i) correcting the mate-
rial errors reported to Acterna in writing by Customer
during the Warranty Period and which Acterna is able
to reproduce, (ii) replacing such defective Software,
provided that Acterna received written notice of such
defect within the Warranty Period, or (iii) provided that
Acterna received written notice of such defect within
the Warranty Period, terminating the License and,
upon return to Acterna of the Software, Documenta-
tion and all other materials provided by Acterna under
the applicable License, providing Customer with a
refund of all charges paid with respect thereto.
Acterna 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.
Services Warranty — Acterna warrants that the
Services provided by Acterna, if any, shall be
performed promptly, diligently and in a professional
manner in accordance with the commercial standards
of the industry. Acterna shall not, however, be respon-
sible for any delays that are not due to Acterna's fault
or negligence or that could not have reasonably been
foreseen or provided against.
WARRANTY DISCLAIMER — FOR HARDWARE, SOFT-
WARE, AND/OR SERVICES FURNISHED BY
ACTERNA, THE FOREGOING WARRANTIES ARE IN
LIEU OF ALL OTHER WARRANTEES AND CONDI-
DSAM Product Family Quick-Start Guide Rev. G