Std. Limited Warranty & SW License
THE FOLLOWING WARRANTY AND SOFTWARE LICENSE GRANT APPLY ONLY FOR BRIDGEWAVE COMMUNICATIONS, INC. (“BRIDGEWAVE”) PRODUCTS PURCHASED THROUGH BRIDGEWAVE AUTHORIZED CHANNEL PARTNERS WITHIN THE UNITED STATES OR CANADA BY THE ORIGINALEND PURCHASER (“BUYER”). IF BRIDGEWAVE PRODUCTS WERE OBTAINED THROUGH OTHER CHANNELS, THE FOLLOWING PROVISIONS DO NOT APPLY AND THE SELLING PARTY SHOULD BE CONTACTED FOR INFORMATION ON ANY PRODUCT WARRANTIES AVAILABLE.
The following terms apply to the Buyer’s use of BridgeWave hardware products (“Products”) and software products (“Software”), except to the extent otherwise provided in (a) a separate written agreement between Buyer and BridgeWave or (b) a “clickon” license agreement as part of the installation and/or downloading process for a particular Software. To the extent of a conflict between the provisions of these documents, the order of precedence shall be (1) the written agreement, (2) the clickon license agreement, and (3) this Limited Warranty and Software License.
LIMITED HARDWARE WARRANTY
Limited Hardware Warranty. Subject to limitations below, for a period of twelve (12) months (the “Warranty Period”) after shipment to Buyer of the Hardware by BridgeWave or an authorized distributor of BridgeWave products, BridgeWave warrants that the Products, under normal use and service, shall be free in all material respects from defective design, material and faulty workmanship and shall operate in all material respects in compliance with the functional specifications, designs, installation instructions, Product descriptions or technical requirements published by BridgeWave in its Product Manual (“Specifications”). The foregoing warranty includes Basic Support Services (as defined at www.BridgeWave.com) from BridgeWave during the Warranty Period. These warranties are provided for the benefit of the original Buyer only. Except for the foregoing warranties, the Products are supplied “AS IS”.
Remedies for Breach of BridgeWave Warranty. If a Product is in breach of BridgeWave’s warranty during the Warranty Period, BridgeWave shall, as the sole and exclusive remedy, within thirty (30) calendar days after BridgeWave’s receipt of the returned Product, repair, replace (with new or refurbished units) or modify, as BridgeWave may solely elect, the Product as necessary so that the Product complies with the applicable Warranty, or at BridgeWave’s option, refund to the Buyer the Buyer’s purchase price paid for the Product. Before returning any Products to BridgeWave, Buyer must follow the steps set forth in the Trouble Shooting and Return Merchandise Procedure explained at www.BridgeWave.com. Any Product returned to BridgeWave must be shipped according to BridgeWave’s instructions with a properly issued RMA number clearly visible on the outside of the packaging. All Products returned to BridgeWave shall be shipped DDP (Delivery and Duties Paid) by Buyer to BridgeWave’s designated service facility. BridgeWave shall prepay return freight charges on repaired or replaced Products when BridgeWave determines, in its sole judgment that a breach of warranty occurred. BridgeWave may charge its standard rates for any repair or replacement work performed on returned Product that was not in breach of the warranties herein.
Replacement Product Warranty. The Warranty Period of replacement Product (whether new or refurbished) shall commence upon the shipment of the replacement Product to Buyer and shall expire on the later of ninety (90) days after shipment date or the last day of the original Warranty Period with respect to the replaced Product. All replaced parts or Product shall become the property of BridgeWave.
Limitation on Warranty. Except where they are embedded in the Products, nonBridgeWave manufactured products provided to Buyer are excluded from any BridgeWave warranty, but may be subject to a warranty provided by the original manufacturer. BridgeWave shall supply a copy of any such warranty to Buyer on specific written request. BridgeWave warranties are void if: (a) Buyer integrates or assembles the Product with other products unless integrated or assembled in accordance with applicable Specifications; (b) the Product is wired, repaired or altered by anyone other than BridgeWave or an authorized representative of BridgeWave in strict accordance with the applicable Specifications; (c) the Product is improperly handled, stored, installed or maintained; (d) the Product is used in violation of the applicable Specifications or BridgeWave’s instructions or subjected to misuse, neglect, accident, abuse or suffers damage due to acts of nature; or (e) the Product is disassembled or its housings are removed by any person other than a BridgeWaveauthorized technician.
EXCLUSION OF CERTAIN WARRANTIES. THE FOREGOING WARRANTIES ARE IN LIEU OF AND EXCLUDE ALL OTHER EXPRESS AND IMPLIED REPRESENTATION OR WARRANTIES, INCLUDING BUT NOT LIMITED TO, PRODUCT NONINFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ERROR FREE NON INTERRUPTED OPERATIONS, PROTECTION FROM UNAUTHORIZED INTRUSION OR ATTACK OR OPERATION AT A SPECIFIED RANGE OR SIGNAL AVAILABILITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE OR TRADE PRACTICE. AS EACH PRODUCT IS UNIQUE, BRIDGEWAVE DISCLAIMS LIABILITY FOR OPERATION OF THE END USER NETWORK AS A WHOLE UNDER ANY WARRANTY PROVIDED HEREIN. TO THE EXTENT A WARRANTY CANNOT BE EXCLUDED BY LAW, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON WARRANTY DURATION, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES SPECIFIC LEGAL RIGHTS WHICH MAY BE IN ADDITION TO OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.
SOFTWARE LICENSE
Software License. BridgeWave provides Buyer a nonexclusive, nontransferable limited license (“License”) to use, solely as embedded in, for execution on or for communication with the Products, the object code (and not the source code) of its Software. For purposes of this License, Software shall include any BridgeWave provided documentation, component parts, user interfaces, modifications, upgrades, updates, bug fixes, corrections, backup copies and new releases. Buyer’s use of the Software shall also be limited by any other restrictions set forth in BridgeWave’s quotation or in BridgeWave’s product catalog, user documentation or web site.
Title to Software. Title to the Software, and to any source code for the Software, shall at all times remain solely and exclusively with BridgeWave. Buyer agrees not to take any action inconsistent with such title. Buyer agrees that the Software, including the design and structure of individual programs, constitutes the trade secrets or copyrighted material of BridgeWave. Buyer agrees not to disclose such material in any form to any third party and to implement reasonable security measures to protect such material.
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