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EXFO FastReporter Data Post-Processing Software User Manual

Page 209

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Licence Agreement and Warranty

Data Post-Processing Software

203

5. LIMITED WARRANTY: EXFO warrants the media on which the Software
is distributed to be free from defects in material and workmanship and that
the Software will perform substantially in accordance with the
Documentation. EXFO will replace defective media or Documentation at
no charge, provided you return the item with dated proof of payment to
EXFO within (60) days of the date of delivery. THESE ARE YOUR SOLE
REMEDIES FOR BREACH OF WARRANTY. EXCEPT AS SPECIFICALLY
PROVIDED ABOVE, EXFO MAKES NO WARRANTY OR REPRESENTATION,
EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SOFTWARE OR
DOCUMENTATION INCLUDING THEIR QUALITY, PERFORMANCE,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

6. LIMITATIONS OF LIABILITY: Because software is inherently complex and
may not be completely free of errors, you are advised to verify your work.
IN NO EVENT WILL EXFO, ITS DEALERS, DISTRIBUTORS OR RESELLERS,
BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, DOWNTIME OR
DAMAGES TO PROPERTY ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE OR DOCUMENTATION, even if advised of the
possibility of such damages. THE WARRANTY AND REMEDIES SET FORTH
ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR
WRITTEN, EXPRESS OR IMPLIED. No dealer, distributor, agent or employee
is authorized to make any modification or addition to this warranty. Some
States do not allow the exclusion or limitation of implied warranties or
limitation of liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you.

7. U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and
Documentation are provided with RESTRICTED RIGHTS. Use, duplication,
or disclosure by the Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer
Software clause at 52.227-7013. EXFO headquarters are located at 400
Godin Avenue, Quebec, Quebec, G1M 2K2, Canada.

8. GENERAL: This Agreement constitutes the entire agreement between
you and EXFO as concerns the subject matter hereof and supersedes any
prior agreement as to such subject matter. If any provision of this