User's Manual

About This Guide
Warranty and Software Licenses
About This Guide ix
original shipment by Trapeze Networks to Customer or (b) if the software was purchased from
a Trapeze Networks Authorized Reseller, for a period of ninety (90) days from the date of
delivery to Customer commencing not more than ninety (90) days after original shipment date
by Trapeze), (“Limited Hardware Warranty”). The date of original shipment from Trapeze
Networks will be determined by shipping evidence on file at Trapeze Networks. This Limited
Software Warranty extends only to the Customer of original purchaser of the software and
may not be transferred to any subsequent repurchasing entity.
During the Limited Software Warranty period upon proper notice to Trapeze Networks by
Customer, Trapeze Networks will, at its option, either:
Use reasonable commercial efforts to attempt to correct or provide workarounds for errors;
Replace the software with functionally equivalent software; or
Refund to Customer the license fees paid by Customer for the software.
Trapeze Networks does not warrant or represent that the software is error free or that the
software will operate without problems or disruptions. Additionally, and due to the steady and
ever-improving development of various attack and intrusion technologies, Trapeze Networks
does not warrant or represent that any networks, systems or software provided by Trapeze
Networks will be free of all possible methods of access, attack or intrusion.
5. Restrictions on the Limited Software Warranty
This Limited Software Warranty does not apply if software (a) is altered in any way from its
specifications, (b) is installed, configured, implemented or operated in any way that is contrary
to its documentation, (c) has damage resulting from negligence, accident, or environmental
stress, (d) was subject to unauthorized repair or modification, or (e) is provided to Customer for
pre-production, evaluation or charitable purposes.
6. General Warranty Disclaimer
EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR APPLICATION OR PURPOSE, NONINFRINGEMENT,
SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE,
OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY
APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE
EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE
AFOREMENTIONED WARRANTY PERIOD. BECAUSE SOME STATES, COUNTRIES OR
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE
OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE
LIMITED WARRANTY ABOVE IS THE SOLE REMEDY FOR ANY BREACH OF ANY
WARRANTY WITH RESPECT TO THE HARDWARE AND SOFTWARE AND IS IN LIEU OF
ANY AND ALL OTHER REMEDIES.
7. Limitation of Liabilities
IN NO EVENT SHALL TRAPEZE NETWORKS, ITS SUPPLIERS, OR ITS AUTHORIZED
RESELLERS BE LIABLE TO CUSTOMER OR ANY THRID PARTY FOR ANY LOST
REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE DAMAGES REGARDLESS OF HOW THOSE DAMAGES
WERE CAUSED. NOR WILL TRAPEZE NETWORKS, ITS SUPPLIERS, OR ITS
AUTHORIZED RESELLERS BE LIABLE FOR ANY MONETARY OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF, OR INABILITY TO USE TRAPEZE NETWORKS
HARDWARE OR SOFTWARE. TRAPEZE NETWORKS' LIABILITY SHALL NOT EXCEED
THE PRICE PAID BY THE CUSTOMER FOR ANY HARDWARE OR SOFTWARE
COVERED UNDER THE TERMS AND CONDITIONS OF THIS WARRANTY. THIS
LIMITATION OF LIABILITY AND RESTRICTION ON DAMAGES APPLIES WHETHER IN