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Software warranty, Standard warranty service, Warranties exclusive – Verilink PRISM 3060-10 (34-00252.4) Product Manual User Manual

Page 4: Limitation of liability, Governing law

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TXPORT shall not be responsible for any software, firmware, information, or memory data of Cus-
tomer contained in, stored on, or integrated with any products returned to TXPORT for repair, whether
under warranty or not.

Software Warranty

TXPORT warrants that the software programs licensed from it will perform in substantial conformance
to the program specifications therefor for a period of ninety (90) days from the date of purchase from
TXPORT or its Authorized Reseller. TXPORT warrants the media containing software against failure
during the warranty period. No updates are provided. TXPORT's sole obligation with respect to this
express warranty shall be (at TXPORT's discretion) to refund the purchase price paid by Customer for
any defective software products, or to replace any defective media with software which substantially
conforms to TXPORT's applicable published specifications. Customer assumes responsibility for the
selection of the appropriate applications program and associated reference materials. TXPORT makes
no warranty or representation that its software products will work in combination with any hardware or
applications software products provided by third parties, that the operation of the software products
will be uninterrupted or error free, or that all defects in the software products will be corrected. For any
third party products listed in the TXPORT software product documentation or specifications as being
compatible, TXPORT will make reasonable efforts to provide compatibility, except where the
non-compatibility is caused by a bug or defect in the third party's product.

Standard Warranty
Service

Standard warranty service for hardware products may be obtained by delivering the defective product,
accompanied by a copy of the dated proof of purchase, to TXPORT's Corporate Service Center or to an
Authorized TXPORT Service Center during the applicable warranty period. Standard warranty service
for software products may be obtained by telephoning TXPORT's Corporate Service Center or an
Authorized TXPORT Service Center, within the warranty period. Products returned to TXPORT's Cor-
porate Service Center must be pre-authorized by TXPORT with a Return Material Authorization
(RMA) number marked on the outside of the package, and sent prepaid, insured, and packaged appro-
priately for safe shipment. The repaired or replaced item will be shipped to Customer, at TXPORT's
expense, not later than thirty (30) days after receipt of the defective product by TXPORT.

Warranties Exclusive

If a TXPORT product does not operate as warranted above, customer’s sole remedy for breach of that
warranty shall be repair, replacement, or refund of the purchase price paid, at TXPORT’s option. To the
full extent allowed by law, the foregoing warranties and remedies are exclusive and are in lieu of all
other warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory
or otherwise, including warranties, terms, or conditions of merchantability, fitness for a particular pur-
pose, and satisfactory quality. TXPORT neither assumes nor authorizes any other person to assume for
it any other liability in connection with the sale, installation, maintenance or use of its products.

TXPORT shall not be liable under this warranty if its testing and examination disclose that the alleged
defect in the product does not exist or was caused by customer’s or any third person’s misuse, neglect,
improper installation or testing, unauthorized attempts to repair or modify, or any other cause beyond
the range of the intended use, or by accident, fire, lightning, or other hazard.

Limitation of Liability

To the full extent allowed by law TXPORT also excludes for itself and its suppliers any liability,
whether based in contract or tort (including negligence), for incidental, consequential, indirect, special,
or punitive damages of any kind, or for loss of revenue or profits, loss of business, loss of information
or data, or other financial loss arising out of or in connection with the sale, installation, maintenance,
use, performance, failure, or interruption of its products, even if TXPORT or its authorized reseller has
been advised of the possibility of such damages, and limits its liability to repair, replacement, or refund
of the purchase price paid, at TXPORT’s option. this disclaimer of liability for damages will not be
affected if any remedy provided herein shall fail of its essential purpose.

Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or
the limitation of incidental or consequential damages for certain products supplied to consumers, so the
above limitations and exclusions may be limited in their application to you. This warranty gives you
specific legal rights which may vary depending on local law.

Governing Law

This Limited Warranty shall be governed by the laws of the state of Alabama.

TXPORT, Inc., 127 Jetplex Circle, Madison, AL 35758 (256) 772-3770