User's Manual

Corning Optical Communications User Manual I CMA-066-AEN I 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 Optical Communications 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 Optical Communications’ 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 Optical Communications 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’ 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.
Corning does not warrant any hardware, software or services not provided by Corning.