Cisco EF4116 Hardware Installation And Maintenance Manual page 4

CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CISCO OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA
ARISING OUT OF THE USE OR INABILITY TO USE THIS CISCO SOFTWARE, EVEN IF CISCO HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES.
Customer will comply with all applicable export laws and regulations if it exports the products. This restriction shall survive termination of this Agreement.
This License is effective until terminated. Customer may terminate this License at any time by destroying the software together with all copies thereof. Cisco
may immediately terminate this License if the Customer fails to comply with any term or condition hereof. Upon any termination of this License, Customer
shall discontinue use of the Software and shall destroy all copies of the software.
This License shall be governed by and construed in accordance with the laws of the State of California. If any portion hereof is found to be void or
unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties
with respect to the use of the Software.
Restricted Rights - Cisco's software and supporting documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to the restrictions as set forth in subparagraph (c) of the Commercial Computer Software - Restricted Rights clause at FAR §52.227-
19 and subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS §52.227-7013.
HARDWARE WARRANTY
Performance Warranty. Cisco warrants to Customer, for a period of ninety (90) days from the shipping date, that Hardware purchased from Cisco will be
free from hardware defects in material and workmanship. To be eligible for a remedy, Customer must report all warranted problems within the warranty
period to the party that supplied the Product to Customer or to the Cisco Service Partner if the Hardware was exported under the multinational uplift program.
Hardware Remedies. In the event of a warranted problem with respect to the Hardware, Customer must contact the place it acquired the Hardware or the
Cisco Service Partner if the Hardware was exported pursuant to the multinational uplift program as soon as possible after Customer becomes aware of the
defect. Cisco or the Sales or Service Partner (as appropriate) will supply replacement parts for the products listed in Cisco's recommended spares list.
Replacement parts will be shipped within five (5) working days after receipt of Customer's request. Cisco or its Sales or Service Partner will bear the cost
for shipment of advance replacements to Customer. Customer must return all defective boards and assemblies prior to installation of the replacement boards
and assemblies to Cisco or the Sales or Service Partner in accordance with the then-current return material authorization (RMA) procedures. Cisco's sole
and exclusive obligation with respect to defective Hardware will be, at Cisco's option and through a Sales or Service Partner if necessary, to either (i) provide
advance replacement service as described above, (ii) replace the Product with a Product that does not contain the defect, or (iii) refund the price paid for the
Hardware less depreciation calculated on a straight-line basis.
Exclusions. The above warranty does not apply to any Product which (1) has been altered, except as authorized by Cisco, (2) has not been installed, operated,
repaired, or maintained in accordance with any installation, handling, maintenance, or operating instructions supplied by Cisco, (3) has been subjected to
unusual physical or electrical stress, misuse, negligence, or accident, (4) is used in ultrahazardous activities, (5) has been used in such a way that Cisco cannot
reasonably reproduce the Software error, or (6) has been exported from the original country of destination without payment of an uplift. In no event does
Cisco warrant that Customer will be able to operate its networks without problems or interruptions.
DISCLAIMER. THIS WARRANTY IS IN LIEU OF AND CISCO DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED OR
IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CISCO OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA
ARISING OUT OF THE USE OR INABILITY TO USE THIS CISCO SOFTWARE, EVEN IF CISCO HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES.