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BWX 110 Desktop Modem User Guide
OL-16307-03
Chapter 19 End User License Agreement
(90) days after original shipment by Cisco), and continuing for a period of the longer of (a) ninety (90) days or
(b) the warranty period (if any) expressly set forth as applicable specifically to software in the warranty card
accompanying the product of which the Software is a part (the “Product”) (if any): (a) the media on which the
Software is furnished will be free of defects in materials and workmanship under normal use; and (b) the
Software substantially conforms to the Documentation. The date of shipment of a Product by Cisco is set forth
on the packaging material in which the Product is shipped. Except for the foregoing, the Software is provided
“AS IS”. This limited warranty extends only to the Customer who is the original licensee. Customer’s sole and
exclusive remedy and the entire liability of Cisco and its suppliers under this limited warranty will be (i)
replacement of defective media and/or (ii) at Cisco’s option, repair, replacement, or refund of the purchase price
of the Software, in both cases subject to the condition that any error or defect constituting a breach of this
limited warranty is reported to Cisco or the party supplying the Software to Customer, if different than Cisco,
within the warranty period. Cisco or the party supplying the Software to Customer may, at its option, require
return of the Software and/or Documentation as a condition to the remedy. In no event does Cisco warrant that
the Software is error free or that Customer will be able to operate the Software without problems or
interruptions. In addition, due to the continual development of new techniques for intruding upon and
attacking networks, Cisco does not warrant that the Software or any equipment, system or network on which
the Software is used will be free of vulnerability to intrusion or attack.
Restrictions. This warranty does not apply if the Software, Product or any other equipment upon which the
Software is authorized to be used (a) has been altered, except by Cisco or its authorized representative, (b) has
not been installed, operated, repaired, or maintained in accordance with instructions supplied by Cisco, (c) has
been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence,
or accident; or (d) is licensed for beta, evaluation, testing or demonstration purposes. The Software warranty
also does not apply to (e) any temporary Software modules; (f) any Software not posted on Cisco’s Software
Center (on Cisco.com URL where Cisco makes the Software publicly available to licensed customers); (g) any
Software that Cisco expressly provides on an “AS IS” basis on Cisco’s Software Center; or (h) any Software for
which Cisco does not receive a license fee.
DISCLAIMER OF WARRANTY
EXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF
INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR
TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW
AND ARE EXPRESSLY DISCLAIMED BY CISCO, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT
AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION
TO THE EXPRESS WARRANTY PERIOD. TO THE EXTENT SOME STATES OR JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE
LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS,
AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of
its essential purpose.
General Terms Applicable to the Limited Warranty Statement and End User License
Agreement
