User's Manual

Table Of Contents
Corning Restricted - Draft for public release
Warranties
CMA-xxx-AEN
Page 2
DRAFT
Warranties
Hardware
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 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’ 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 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.