Warranty Start Date
“Start Date” as used in this policy means (i) the date Versa hardware is shipped from the manufacturing facilities of Versa Networks, Inc. (“Versa Networks”), (ii) in the case of resale by a Versa Authorized Distributor, the date not more than ninety (90) days after original shipment of this product by Versa Networks.
Limited Hardware Warranty
Versa Networks warrants that for a period of two (2) years from the Start Date, Versa Networks hardware purchased by customer (“Hardware”) shall be free of defects in material and workmanship under normal authorized use consistent with the product instructions. This product warranty extends only to the original purchaser of the Hardware from a Versa Authorized Reseller or Versa Networks, itself. In the event that Versa Networks receives notice during the warranty period that any Hardware does not conform to its warranty, Customer’s sole and exclusive remedy, and Versa Networks sole and exclusive liability, shall be for Versa Networks, at its sole option, to either repair or replace the non-conforming Hardware in accordance with this limited warranty. Hardware replaced under the terms of any such warranty may be refurbished or new equipment substituted at the option of Versa Networks. Versa Networks will use commercially reasonable efforts to ship the replacement Hardware within 6 to 8 (six to eight) weeks after receipt of the product at a Versa Networks Repair Center. Actual delivery times may vary depending on the customer location.
Dead On Arrival (“DOA”)
For hardware that is considered Dead On Arrival (DOA) within the first ninety (90) days from the shipment date of product from Versa Networks manufacturing facilities, Versa Networks will provide an expedited replacement of the affected field replaceable unit (FRU). A new unit will be made available for shipment from a designated Versa Networks manufacturing facility upon RMA issuance. Defective product must be returned within fifteen (15) days from receipt of replacement unit, or customer will be invoiced the full purchase price of the replacement part. Customers should allow for additional transit and custom clearance time if international customs clearance is required. Products that are sold after the published Last Order Date (as defined in the Versa Networks End of Life Policy and Procedure) are excluded from this expedited DOA replacement coverage.
Hardware Return Procedures
Any defective item can only be returned if it references a return material authorization (“RMA”) number issued by authorized Versa Networks service personnel. To request an RMA number, customer must contact Versa Networks Technical Assistance Center. Versa TAC will assist customers with RMA processing pursuant to the terms of this warranty. Telephone calls to Versa TAC will not be accepted unless the customer has purchased at least a valid software subscription or Versa Networks service contract for the specific Versa hardware. The RMA number must be included on the outside carton label of the returned item. Transportation costs, if any, incurred in connection with the return of a defective item to Versa Networks shall be borne by customer to the in-country location. Versa Networks shall pay any outbound transportation costs incurred with the delivery of a repaired or replaced item. If, however, Versa Networks reasonably determines that the item is functional, the customer shall pay any transportation cost. If Versa Networks determines, at its sole discretion, that the allegedly defective item is not covered by the terms of the warranty provided hereunder or that a warranty claim is made after the warranty period, the cost of repair by Versa Networks, including all shipping expenses, shall be paid by customer.
Limited Warranty for Software
SOFTWARE LICENSED FOR LAB USE, EVALUATION USE OR DEMONSTRATION USE ARE FURNISHED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESSLY OR IMPLIED. For any other license of Software under this Agreement, Versa warrants for Your sole benefit that for a period of ninety (90) days from the commencement of the license term (herein, the “Warranty Period”), the Software delivered, shall be free from defects in material and workmanship under normal authorized use consistent with the product instructions. You may not make a warranty claim after lapse of the Warranty Period. Versa’s entire liability for any breach of the warranty set forth in this section shall be at Versa’s option (i) replace non-conforming copy with one that conforms to specification, (ii) use commercially reasonable efforts to provide You with a remedy or procedure to circumvent the nonconformity, (iii) refund You the License fee paid for the nonconforming copy. Any nonconformity must be reported to Versa in written form and with supporting information reasonably requested by Versa to enable verification, diagnosis and to correct the nonconformity. THIS SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF VERSA FOR BREACH OF ANY WARRANTY FOR ANY BREACH OF WARRANTY BY VERSA WITH RESPECT TO VERSA SOFTWARE.
No warranty will apply if Versa Hardware or Software (i) has been altered, except by Versa; (ii) has not been installed, operated, repaired, or maintained in accordance with documentation and instructions supplied by Versa; (iii) has been subjected to unreasonable physical, thermal or electrical stress, misuse, negligence, or accident or (iv) has been licensed solely for Lab Use, Evaluation Use or Demonstration Use or if the Software is beta software or otherwise not commercially released. In addition, neither the Software nor any hardware system on which it may be installed is designed or intended for (i) use in the design, construction, operation or maintenance of any nuclear facility, (ii) navigating or operating aircraft; (iii) operating life-support or life-critical medical equipment or (iv) incorporation in a dwelling or for personal, family, or household purposes or otherwise for use as a consumer product, and Versa disclaims any express or implied warranty of fitness for such uses. You are solely responsible for backing up its programs and data to protect against loss or corruption. VERSA WARRANTY OBLIGATIONS DO NOT INCLUDE INSTALLATION, REINSTALLATION OR SUPPORT & MAINTENANCE SERVICES OF ANY KIND.
VERSA DISCLAIMS ANY WARRANTY, REPRESENTATION OR ASSURANCE THAT THE SOFTWARE, OR ANY EQUIPMENT OR NETWORK RUNNING THE SOFTWARE, WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK.
Disclaimer of All Other Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, TO THE EXTENT PERMITTED BY LAW VERSA DISCLAIMS ALL WARRANTIES IN AND TO THE SOFTWARE (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, THAT WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty fails of its essential purpose.
Limitation of Damages
To the extent permitted by law, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF VERSA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUPPLIERS AND LICENSORS TO YOU FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY (WHETHER UNDER CONTRACT OR STATUTE, IN TORT (INCLUDING PRODUCT LIABILITY) OR OTHERWISE), EXCEED THE GREATER OF (I) ONE HUNDRED US DOLLARS ($100.00) IN THE AGGREGATE OVER ALL COPIES OF ANY AND ALL SOFTWARE LICENSED TO YOU BY VERSA OR ANOTHER APPROVED SOURCE; OR (II) THE PRICE PAID TO VERSA FOR LICENSED RIGHTS TO THE SOFTWARE, FOR THE SUBSCRIPTION OR FOR THE CONTRACT FOR SUPPORT & MAINTENANCE SERVICES, WHICHEVER GAVE RISE TO THE CLAIM.
IN NO EVENT SHALL ANY BREACH BY VERSA IN CONNECTION WITH ANY REPRESENTATIONS, WARRANTIES OR COMMITMENTS, EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE OR WITH ANY DUTIES RELATING TO FURNISHING YOU WITH SUPPORT & MAINTENANCE SERVICES EXCUSE YOUR UNAUTHORIZED USE OF SOFTWARE OR IMPAIR VERSA’S RIGHT TO TERMINATE ANY LICENSE BASED ON YOUR BREACH OF THIS AGREEMENT.
NEITHER VERSA NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR COSTS OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR RELATING TO THE SOFTWARE, TO USE OF THE SOFTWARE OR TO ANY MAINTENANCE SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY LAW, VERSA DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED TO THE SOFTWARE OR ITS LICENSING TO OR USE BY ANYONE OTHER THAN YOU.