User's Manual

Corning Optical Communications User Manual I CMA-336-AEN I Page 2
Warranties
Hardware Warranty
Corning Optical Communications LLC (“Corning”) warrants to the original purchaser (“Customer”) that for the duration of
the warranty period, one (1) year, commencing on the date of shipment of the Hardware, unless otherwise agreed in writing
by Corning (the “Hardware Warranty Period”), the Hardware furnished by Corning shall be free in all material respects from
defects in material and workmanship, and shall conform to the applicable portions of the Specifications, as defined below (the
“Hardware Warranty”). If notified by Customer of any such defects in material or workmanship or nonconformity with
applicable portions of the Specifications within the Hardware Warranty Period, Corning shall promptly, at its own election and
expense, repair or replace any such Hardware proven to be defective under the terms of this Hardware Warranty.
Such repair or replacement shall be Customer’s sole remedy and Corning’s sole obligation in the event this Hardware
Warranty is invoked. If any components comprising a part of the Hardware are replaced or repaired during the Hardware
Warranty Period, the Hardware Warranty Period for such repaired or replaced components shall extend to the longer of (i) the
balance of the Hardware Warranty Period or (ii) three (3) months from the date of repair or replacement. For purposes of this
Warranty, “Specifications” shall mean the specifications and performance standards of the Products as set forth in documents
published by Corning and delivered to Customer which contain technical specifications or performance standards for the
Products.
If Customer invokes this Hardware Warranty, it shall notify Corning promptly of the claimed defect.
Customer will allow Corning to inspect the Hardware at Customer’s location, or to return the Hardware to Corning’s closest
repair facility. For Hardware returned to Corning’s repair facility, Customer shall be responsible for payment of all
transportation and freight costs (including insurance) to Corning’s repair facility, and Corning shall be responsible for all
transportation and freight costs (including insurance) incurred in connection with the shipment of such Hardware to other
repair facilities of Corning and/or its return to Customer.
Notwithstanding the foregoing, in no event will Corning be liable for damage to Products resulting
From improper handling during or after shipment, misuse, neglect, improper installation, operation or repair (other
than by authorized Corning personnel), alteration, accident, or for any other cause not attributable to defects in materials or
workmanship on the part of Corning. Corning shall not reimburse or make any allowance to Customer for any labor charges
incurred by Customer for replacement or repair of any goods unless such charges are authorized in advance in writing by
Corning.
Software Warranty
Corning Optical Communications Wireless, Inc. (‘Corning) warrants to the original purchaser (“Customer”) that for the
duration of the warranty period, one (1) year, commencing on the date of shipment of the Software, unless otherwise agreed
in writing by Corning (the “Software Warranty Period”), the Software shall conform with, and perform the functions set forth in
the Specifications, and shall be free from defects in material or workmanship (the “Software Warranty”). In the event the
Software is proven to be defective under the terms of this Software Warranty, Corning shall correct such defects or failure
and ensure that the Software conforms with, and performs the functions set forth in, the Specifications. Customer will allow
Corning to inspect the Software at Customer’s location or to return it to Corning’s closest repair facility.
Notwithstanding the foregoing, Corning shall have no obligation under the Software Warranty if the software is modified or
used with hardware or software not supplied or approved by Corning, or if the Software is subject to abuse, improper
installation or application, accident, electrical or environmental over-stress, negligence in use, storage, transportation or
handling.
Third-party software distributed with the Software may carry certain warranties which, to the maximum extent allowed by law,
Corning hereby assigns, transfers and otherwise conveys to Customer, provided, however, that Corning itself provides no
warranty of any kind, express, implied, statutory or otherwise, for any third-party software provided hereunder.
Corning does not warrant any hardware, software or services not provided by Corning.
THIS WARRANTY IS THE ONLY WARRANTY MADE BY CORNING AND IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND