MAN-MARLIN-INSTALL
Issue 1.2
3. Limited warranty. Bay Networks warrants each item of Software, as delivered by Bay
Networks and properly installed and operated on Bay Networks hardware or other equipment it is
originally licensed for, to function substantially as described in its accompanying user manual
during its warranty period which begins on the date Software is first shipped to Licensee. If any
item of Software fails to so function during its warranty period, as the sole remedy Bay Networks
will at its discretion provide a suitable fix, patch or workaround for the problem which may be
included in a future Software release. Bay Networks further warrants to Licensee that the media
on which the Software is provided will be free from defects in materials and workmanship under
normal use for a period of 90 days from the date Software is first shipped to Licensee. Bay
Networks will replace defective media at no charge if it is returned to Bay Networks during the
warranty period along with proof of the date of shipment. This warranty does not apply if the
media has been damaged as a result of accident, misuse, or abuse. The Licensee assumes all
responsibility for selection of the Software to achieve Licensee‘s intended results and for the
installation, use, and results obtained from the Software. Bay Networks does not warrant a) that
the functions contained in the software will meet the Licensee’s requirements, b) that the
Software will operate in the hardware or software combinations that the Licensee may select, c)
that the operation of the Software will be uninterrupted or error free, or d) that all defects in the
operation of the Software will be corrected. Bay Networks is not obligated to remedy any
Software defect which cannot be reproduced with the latest Software release. These warranties do
not apply to the Software if it has been (i) altered, except by Bay Networks or in accordance with
its instructions, (ii) used in conjunction with another vendor’s product resulting in the defect, or
(iii) damaged by improper environment, abuse, misuse, accident or negligence. THE
FOREGOING WARRANTIES AND LIMITATIONS ARE EXCLUSIVE REMEDIES AND
ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. Licensee is responsible for the security of its own data and
information and for maintaining adequate procedures apart from the Software to reconstruct lost
or altered files, data or programs.
4. Limitation of liability. IN NO EVENT WILL BAY NETWORKS OR ITS LICENSORS BE
LIABLE FOR ANY COST OF SUBSTITUTE PROCUREMENT, SPECIAL, INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING
FROM INACCURATE OR LOST DATA OR LOSS OF USE OR PROFITS ARISING OUT OF
OR IN CONNECTION WITH THE PERFORMANCE OF THE SOFTWARE, EVEN IF BAY
NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL THE LIABILITY OF BAY NETWORKS RELATING TO THE SOFTWARE
OR THIS AGREEMENT EXCEED THE PRICE PAID TO BAY NETWORKS FOR THE
SOFTWARE LICENSE.
