Copyright information, Fiber guardian – EXFO FG-750 User Manual
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Copyright Information
Fiber Guardian
vii
10. LIMITED WARRANTY AND EXCLUSIVE REMEDY
EXFO warrants that for a period of sixty (60) days from the date of delivery ("Warranty Period"), that the Software will
operate and perform materially in conformance with the Documentation. If a breach of the warranty set forth in this
Section 10 occurs, Customer's sole and exclusive remedy is that EXFO will provide reasonable efforts to correct
non-conformances which are reproducible by EXFO during the Warranty Period. If the use of the Software allows
connection to an EXFO Server, during any subscription term, EXFO will use commercially reasonable efforts to make the
EXFO server generally available except for planned downtime or downtime caused by circumstances beyond EXFO’s
reasonable control.
11. DISCLAIMER
EXFO makes no representations and extends no warranties of any kind (other than those set forth in Section 9) with
respect to (i) the use, sufficiency or accuracy of the Software; (ii) the sufficiency or accuracy of the reports or tests
performed utilizing the Software; (iii) any Third Party Software and Open Source Software; (iv) any Third Party websites
or links (including hyperlinks) thereto; or (v) the availability of the Software, the EXFO server or that the Software and the
EXFO server performance will be uninterrupted. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING
WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF
EXFO KNOWS OR HAS BEEN MADE AWARE OF SUCH PURPOSE), AND THE WARRANTY AGAINST INFRINGEMENT OF
PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT
DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS THAT REQUIRE FAILS-SAFE
PERFORMANCE SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS
SYSTEMS, AIR TRAFFIC CONTROL, EMERGENCY RESPONSE, TERRORISM PREVENTION OR RESPONSE, LIFE SUPPORT
OR WEAPONS SYSTEMS (“HIGH RISK ACTIVITIES”) THE FAILURE OF WHICH COULD LEAD TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXFO EXPRESSLY DISCLAIMS ANY WARRANTY OF
FITNESS FOR HIGH RISKS ACTIVITIES.
12. LIMITATION OF LIABILITY
EXFO IS NOT LIABLE FOR ANY INDIRECT DAMAGES, LOST PROFITS, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
ARISING OUT OF THIS AGREEMENT OR THE FURNISHING OF THE SOFTWARE OR THIRD PARTY SOFTWARE, WEBSITES
OR LINKS (INCLUDING HYPERLINKS) THERETO, INCLUDING THE USE OR INABILITY TO USE THE SOFTWARE OR THE
THIRD PARTY SOFTWARE, WEBSITES OR LINKS (INCLUDING HYPERLINKS) THERETO, EVEN IF EXFO KNOWS OR HAS
BEEN MADE AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. EXFO IS NOT RESPONSIBLE FOR ANY
COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: USERS INABILITY TO USE THE
SOFTWARE AS A RESULT OF ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE
EXFO SERVER FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER
INTERRUPTIONS. EXFO'S LIABILITY UNDER THIS AGREEMENT, IF ANY, IS LIMITED TO I) THE ANNUAL LICENSE FEES
FOR SUBSCRIPTION LICENSE OR (II) THE TOTAL LICENSE FEES ACTUALLY RECEIVED BY EXFO FOR THE SOFTWARE. IF
ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTY AND DAMAGES SET FORTH
IN THIS AGREEMENT SHALL REMAIN IN EFFECT.
13. TERM AND TERMINATION
13.1 The term of this Agreement will commence on the Effective Date and will remain in effect until expiration of
Customer’s subscription licenses, if applicable, or until termination in accordance with Section 13.2.
13.2 This Agreement and the license and rights granted to Customer under this Agreement will automatically terminate
without notice to Customer if (i) Customer assigns the license for the benefit of creditors; (ii) Customer admits in writing
its inability to pay debts as they mature; (iii) a trustee or receiver is appointed for a substantial part of Customer's assets;
(iv) a bankruptcy proceeding is instituted against Customer which is acquiesced in and is not dismissed within sixty (60)
days, or results in an adjudication of bankruptcy; or (v) Customer breaches the license granted in Section 3 or breaches
any of the restrictions of Section 4.
13.3 Without prejudice to any other rights, EXFO may terminate this Agreement if Customer fails to comply with any term
or condition of this Agreement.
13.4 Upon termination of this Agreement, Customer shall return the Software and the Documentation, including all
copies and, if requested, certify in writing to EXFO the return. Customer is bound by all obligations incurred prior to the
termination; however, all of EXFO's obligations will automatically terminate upon termination. EXFO is under no
obligation to refund any monies because of termination. These termination rights are in addition to all other rights and
remedies available to EXFO.