Carrier Access 1750 Limitation of Warranty & Limitation of Remedies

Preface

b. replace the defective Licensed Software, as follows: Should a Severity 1 or 2

warranty defect with the Software occur during the 90-day warranty period, Carrier

Access will provide, in its sole dete rmination, eithe r

1. software to resolve the defect to be downloaded into the affected units by the

BUYER or

2. a documented workaround to address the issue.

Severity 1 issues are failures of the Licensed Softwar e to com ply with the C arrier Access

software specifications and that completely or severely affect the Carrier Access Product and its

traffic or service ca pacity, or maintenance or mon itori ng capabilities.

Severity 2 issues are failures of the Licensed Softwar e to com ply with the C arrier Access

software specifications and that result in a major degradation of the Carrier Access Product so

as to impact its system or service performance, or significant impairments to network operator

control or effectiveness. Should a Severity 3 warranty defect with the Licensed Software occur

during the 90-day warranty period, Carrier Access will pro vide assistance to Buyer to determine

if a solution or workaround will be provided in a subsequent software release following the

reported issue.

Severity 3 issues are defined as failures of the Lice nsed Softwa re to comply with the Carrier

Access software specifications but that do not significantly impair the function or service of the

Carrier Access Product or the system.

Determination of Severity 1, 2 or 3 shall be made solely by Carrier Access followi ng receipt of

the reported problem. Refurbished material may be used to repair or replace the Product.

BUYER shall bear the risk of loss for Products or Software returned to Carrier Access for repair,

replacement, or service, and the same must be shipped pre-paid by BUYER.

Requests for warranty services and troubleshooting must be made to, and will be provided by, the

Carrier Access Customer Support Center via telephone during the warranty period and durin g normal

business hours. Normal business hour s for Carrier Ac cess Customer Support Center are 7:00 a.m. to

6:00 p.m. Mountain Standard Time, Monday through Friday, excluding weekends and standard

Carrier Access recognized holidays.

Limitation of Warranty & Limitation of Remedies

Correction of defects by repair, replacement , or se rvic e will be at Carrier Access's option and

constitute Carrier Access' sole obligation and BUYER's sole and exclusive remedy under the limited

warranty. Any such error correction or replacement provided to BUYER does not extend the original

warranty period for hardware or software, respectively.

Carrier Access assumes no warranty or other liability with respect to defects in the Product or

Software caused by:

a. modification, repair, storage, installation, operation, or maintenance of the Product

or Software by anyone other than Carrier Access or its agent, or as authorized and

in accordance with the Carrier Ac cess Documentation; or