© 2013 Harmonic Inc. All rights reserved.
3
SYSTEM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED FROM US OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Some jurisdictions do not allow the
exclusion of implied warranties or limitations on how long an implied warranty may last, so such exclusions may not apply to you. In that event, such implied
warranties or limitations are limited to 60 days from the date you purchased the System or the shortest period permitted by applicable law, if longer. This
warranty gives you specific legal rights and you may have other rights which vary from state to state or country to country.
5. LIMITATION OF LIABILITY: WE AND OUR AFFILIATES, SUPPLIERS, LICENSORS, OR SALES CHANNELS ("REPRESENTATIVES") SHALL NOT BE LIABLE TO
YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST
REVENUES, PROFITS OR SAVINGS, OR THE COST OF SUBSTITUTE GOODS, HOWEVER CAUSED, UNDER CONTRACT, TORT, BREACH OF WARRANTY,
NEGLIGENCE, OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NOTWITHSTANDING ANY OTHER
PROVISIONS OF THIS AGREEMENT, WE AND OUR REPRESENTATIVES' TOTAL LIABILITY TO YOU ARISING FROM OR RELATING TO THIS AGREEMENT
OR THE SYSTEM SHALL BE LIMITED TO THE TOTAL PAYMENTS TO US UNDER THIS AGREEMENT FOR THE SYSTEM. THE FOREGOING LIMITATIONS
SHALL NOT APPLY TO DEATH OR PERSONAL INJURY TO PERSONS OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE APPLICABLE LAW
PROHIBITS SUCH LIMITATION. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR
REPRESENTATIVES FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU.
6. CONFIDENTIALITY: Information in the System and the associated media, as well as the structure, organization and code of the Software, are proprietary to
us and contain valuable trade secrets developed or acquired at great expense to us or our suppliers. You shall not disclose to others or utilize any such
information except as expressly provided herein, except for information (i) lawfully received by the user from a third party which is not subject to
confidentiality obligations; (ii) generally available to the public without breach of this Agreement; (iii) lawfully known to the user prior to its receipt of the
System; or (iv) required by law to be disclosed.
7. SUPPORT: Updates, upgrades, fixes, maintenance or support for the System (an "Upgrade") after the limited warranty period may be available at separate
terms and fees from us. Any Upgrades shall be subject to this Agreement, except for additional or inconsistent terms we specify. Upgrades do not extend the
limited warranty period.
8. TERM; TERMINATION: The term of this Agreement shall continue unless terminated in accordance with this Section. We may terminate this Agreement at
any time upon default by you of the license provisions of this Agreement, or any other material default by you of this Agreement not cured with thirty (30)
days after written notice thereof. You may terminate this Agreement any time by terminating use of the System. Except for the first sentence of Section 2
("License") and for Section 4(a) ("Limited Warranty"), all provisions of this Agreement shall survive termination of this Agreement. Upon any such termination,
you shall certify in writing such termination and non-use to us.
9. EXPORT CONTROL: You agree that the Products and Software will not be shipped, transferred, or exported into any country or used in any manner
prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (the "Export Laws"). You will indemnify, defend
and hold us harmless from any and all claims arising therefrom or relating thereto. In addition, if the Products or Software are identified as export controlled
items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without
limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the
Software. All rights to the Products and Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
10. U.S. GOVERNMENT RIGHTS: The Software and the documentation which accompanies the Software are "Commercial Items," as that term is defined at
48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R.
§12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government as end users (a) only as
Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Harmonic, 4300 North
First Street, San Jose, CA 95134 U.S.A.
11. GENERAL: You shall not assign, delegate or sublicense your rights or obligations under this Agreement, by operation of law or otherwise, without our
prior written consent, and any attempt without such consent shall be void. Subject to the preceding sentence, this Agreement binds and benefits permitted
successors and assigns. This Agreement is governed by California law, without regard to its conflicts of law principles. The U.N. Convention on Contracts for
the International Sale of Goods is disclaimed. If any claim arises out of this Agreement, the parties hereby submit to the exclusive jurisdiction and venue of
the federal and state courts located in Santa Clara County, California. In addition to any other rights or remedies, we shall be entitled to injunctive and other
equitable relief, without posting bond or other security, to prevent any material breach of this Agreement. We may change the terms, conditions and pricing
relating to the future licensing of our Systems and other intellectual property rights, including this Agreement, from time to time. No waiver will be implied
from conduct or failure to enforce rights nor effective unless in a writing signed on behalf of the party against whom the waiver is asserted. If any part of this
Agreement is found unenforceable, the remaining parts will be enforced to the maximum extent permitted. There are no third-party beneficiaries to this
Agreement. We are not bound by additional and/or conflicting provisions in any order, acceptance, or other correspondence unless we expressly agree in
writing. This Agreement is the complete and exclusive statement of agreement between the parties as to its subject matter and supersedes all proposals or
prior agreements, verbal or written, advertising, representations or communications concerning the System.
Every reasonable attempt has been made to comply with all licensing requirements for all components used in the system. Any oversight is unintentional and
will be remedied if brought to the attention of Harmonic at [email protected].
Documentation Conventions
This guide may use some special symbols and fonts to call your attention to important information. The following symbols appear throughout this guide:
DANGER:
The Danger symbol calls your attention to information that, if ignored, can cause physical harm to
you.
CAUTION:
The Caution symbol calls your attention to information that, if ignored, can adversely affect
the performance of your Harmonic product, or that can make a procedure needlessly difficult.
LASER DANGER:
The Laser symbol and the Danger alert call your attention to information about the lasers
in this product that, if ignored, can cause physical harm to you.