Finisar Surveyor Restricted Rights Legend, Limited Software Warranty, Limitation of Liability

Surveyor User’s Guide

Restricted Rights Legend

Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (c)(l)(lI) of the Rights in Technical Data and Computer Software clause at DOD FAR 52.227-7013

Finisar

1389 Moffett Park Drive

Sunnyvale CA 94089

Limited Software Warranty

A Finisar Limited Software Warranty is provided with each Software Product purchased through one of Finisar’s authorized distribution channels. For a period of twelve (12) months from date of shipment, Finisar warrants Software to conform with Finisar’s published specifications on date of shipment when properly oper- ated in accordance with procedures described in documentation supplied by Finisar.

Defects in the Software will be reported to Finisar accompanied by supporting information reasonably requested by Finisar to verify, diagnose and correct the defect. Finisar’s exclusive obligation with respect to nonconforming Software Product shall be, at Finisar’s option, (a) to replace that copy of the Software with one that conforms to the specifications, or, (b) to use diligent efforts to provide the customer with a correction or workaround of the defect. Finisar is under no obligation to provide Software updates which contain additional features and enhancements other than defect corrections.

Patent and Copyright Indemnification

Finisar shall have no liability to the Licensee if any patent or copyright infringement is based upon or arises out of: (1) compliance with designs, plans or specifications furnished by or on behalf of the Licensee as to the Products or services, (2) alterations of the Products or services by the Licensee, (3) failure of the Licensee to use updated Products or services, including error corrections and updates, provided by Finisar for avoiding infringement, (4) use of Products or services in a manner for which the same was neither designed nor con- templated, or (5) a patent or copyright in which the Licensee or affiliate or subsidiary of the Licensee has any direct or indirect interest by license or otherwise.

Limitation of Liability

Finisar’s liability under or for breach of this license shall be limited to refund of the purchase price actually paid by the Licensee to Finisar for the specific item causing the damage. In no event shall Finisar be liable for costs of procurement of substitute goods, loss of profits, or for any special, consequential or incidental dam- ages, however caused, whether for breach of warranty, breach of contract, repudiation of contract, negligence or otherwise.

Forum

This License shall be interpreted in accordance with the laws of the State of California, and exclusive jurisdic- tion and venue shall lie in the state or federal courts of Santa Clara County, California.

Entirety

These terms and conditions represent the entire agreement between the parties relative to the license of the Software and firmware incorporated in or provided with the designated equipment. Any modification hereto must be embodied in a writing signed by both parties. No modification hereof shall be effected by either party’s use of a purchase order, acknowledgment, or other form containing additional or different conditions.

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