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ECI DATA NETWORKING DIVISION
(LAUREL NETWORKS, INC.) LIMITED WARRANTY
1. LIMITED WARRANTY.
ECI Telecom DND, Inc. warrants that the hardware and software
media provided with the Products will be free from Material Defects
(as defined below) for a period of one year from the original
date of shipment. For purpose of this limited warranty, Material
Defect shall mean any defect that can be reproduced by ECI Telecom
DND, Inc. and is a substantial nonconformity from the published
specifications for the Product. Products may contain like-new
components or may have been used for testing, provided that all
such Products shall be covered by this limited warranty. The sole
and exclusive remedy, and ECI Telecom DND, Inc.'s sole responsibility,
under this limited warranty shall be, at the option of ECI Telecom
DND, Inc., repair or replacement of the Product within a commercially
reasonable time from notification, or refund of the purchase price
paid. ECI Telecom DND, Inc. reserves the right to replace any
defective Product with another version of the Product that provides
substantially similar functionality.
The foregoing warranty applies only
to the original purchaser under normal use of the Product, and
only for the most current version of Product and Licensed Software
(as defined below). ECI Telecom DND, Inc. shall have no obligation
to provide warranty services if the defect in the Product is caused
by accident, virus, operator error, malfunction of other hardware
or software, modification of the Product, or any use of the Product
that is not in accordance with its operating instructions.
In the event that a Product fails to comply with
the foregoing limited warranty, the customer must contact ECI
Telecom DND, Inc. customer service within five business days of
discovering the defect to obtain a return materials authorization
("RMA"); no returns will be accepted without a RMA.
All returns must be sent insurance and freight prepaid to the
address specified by ECI Telecom DND, Inc. at the time the RMA
is issued, and must be received by ECI Telecom DND, Inc. within
thirty days of the date that the RMA is issued. In the event that
ECI Telecom DND, Inc. determines that any returned Product complied
with the foregoing limited warranty and that no warranty service
is due, the customer shall pay ECI Telecom DND, Inc., at ECI Telecom
DND, Inc. then standard rates, all charges associated with handling,
repairing and returning the Product.
EXCEPT FOR THE EXPRESS WARRANTY
STATED HEREIN, ECI TELECOM DND, INC. DISCLAIMS ALL EXPRESS OR
IMPLIED WARRANTIES REGARDING ECI TELECOM DND, INC. PRODUCTS, INCLUDING
WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY IMPLIED
WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED TO THE TERMS
AND DURATION OF THIS EXPRESS LIMITED WARRANTY.
Some jurisdictions do not allow
for the exclusion of implied warranties, so the above exclusion
may not apply. This limited warranty provides specific legal rights
and the customer may also have other rights that vary by jurisdiction.
The customer should consult applicable state and federal laws
for a full determination of such rights.
2. LIMITATIONS ON LIABILITY.
ECI TELECOM DND, INC.' S ENTIRE LIABILITY ARISING FROM OR RELATING
TO PRODUCTS SHALL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCT.
IN NO EVENT SHALL ECI TELECOM DND, INC. BE LIABLE FOR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOST BUSINESS, LOSS OF PROFITS, AND LOSS OF DAMAGE,
HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND WHETHER OR NOT
ECI TELECOM DND, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THESE LIMITATIONS ARE INDEPENDENT OF ANY LIMITED REMEDY
AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY.
Some jurisdictions do not allow
the exclusion of liability for consequential damages, so the above
exclusions may not apply. The customer should consult applicable
state and federal laws for a full determination of such rights.
3. GENERAL PROVISIONS. This
Limited Warranty shall be governed by, construed and enforced
in accordance with the laws of the Commonwealth of Pennsylvania,
regardless of the choice of law rules of such state or any other
jurisdiction. If any provision of this Limited Warranty is held
to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to comply with applicable laws, and
the remainder of the Limited Warranty shall remain in full force
and effect. Any failure by ECI Telecom DND, Inc. to enforce any
provision of this Limited Warranty shall not constitute a waiver
of any rights under such provision or any other provision under
this Limited Warranty. No vendor, distributor, reseller, sales
representative, or other person is authorized to modify this Limited
Warranty or to make any warranty, representation or promise which
is different from those set forth in this Limited Warranty.
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