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NN47250-500 (Version 03.01)

The End Customer or their designated reseller must obtain a Return Material Authorization number (RMA
number) from Nortel for the non-conforming Product and the non-conforming Product must be returned to
Nortel according to the then-current RMA procedures. The End Customer or their designated reseller is
responsible to ensure that the shipments are insured, with the transportation charges prepaid and that the RMA
number is clearly marked on the outside of the package. Nortel will not accept collect shipments or those
returned without an RMA number clearly visible on the outside of the package.
Exclusions and Restrictions
Nortel shall not be responsible for any software, firmware, information or memory data contained in, stored on
or integrated with any Product returned to Nortel pursuant to any warranty or repair.
Upon return of repaired or replaced Products by Nortel, the warranty with respect to such Products will
continue for the remaining unexpired warranty or sixty (60) days, whichever is longer. Nortel may provide
out-of-warranty repair for the Products at its then-prevailing repair rates.
The limited warranty for the Product does not apply if, in the judgment of Nortel, the Product fails due to
damage from shipment, handling, storage, accident, abuse or misuse, or it has been used or maintained in a
manner not conforming to Product manual instructions, has been modified in any way, or has had any Serial
Number removed or defaced. Repair by anyone other than Nortel or an approved agent will void this warranty.
EXCEPT FOR ANY EXPRESS LIMITED WARRANTIES FROM Nortel SET FORTH ABOVE, THE
PRODUCT IS PROVIDED “AS IS”, AND Nortel AND ITS SUPPLIERS MAKE NO WARRANTY,
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO PRODUCT OR ANY PART
THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE
ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. Nortel’S SUPPLIERS
MAKE NO DIRECT WARRANTY OF ANY KIND TO END CUSTOMER FOR THE LICENSED
MATERIALS. NEITHER Nortel NOR ANY OF ITS SUPPLIERS WARRANT THAT THE LICENSED
MATERIALS OR ANY PART THEREOF WILL MEET END CUSTOMER'S REQUIREMENTS OR BE
UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY ERRORS IN THE PRODUCT WILL BE
CORRECTED. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO END CUSTOMER. THIS
LIMITED WARRANTY GIVES END CUSTOMER SPECIFIC LEGAL RIGHTS. END CUSTOMER MAY
ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/
JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nortel OR
ITS SUPPLIERS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, LOSS OF PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL,
PUNITIVE OR INDIRECT DAMAGES (OR DIRECT DAMAGES IN THE CASE OF Nortel’S
SUPPLIERS) ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING
WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR
RELATED TO THE PRODUCT OR ANY USE OR INABILITY TO USE THE PRODUCT. Nortel’S
TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE PRODUCT, OR USE OR INABILITY TO
USE THE PRODUCT, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID FOR
THE PRODUCT. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF Nortel
AND/OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Nortel
NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER