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Appendix C
Customer Services
Customer Care
DSAM Help User Guide
Rev. 001
311
JDS Uniphase Corporation performed repairs shall be warranted from
defective material and workmanship for a period of one-hundred-
eighty (180) days, or until the end of the Initial Warranty Period, which-
ever is longer. Risk of loss or damage to Product returned to JDS
Uniphase Corporation for repair or replacement shall be borne by
customer until delivery to JDS Uniphase Corporation. Upon delivery of
such product, JDS Uniphase Corporation shall assume the risk of loss
or damage until that time that the product being repaired or replaced
is returned and delivered to customer. Customer shall pay all transpor-
tation costs for equipment or software shipped to JDS Uniphase
Corporation for repair or replacement. JDS Uniphase Corporation
shall pay all transportation costs associated with returning repaired or
replaced product to customer.
Software Warranty —
JDS Uniphase Corporation warrants that Soft-
ware Products licensed to Customer shall, under normal use and
service, and for a period of ninety (90) days from the date of shipment
of the Software to Licensee (the “Warranty Period”), perform in all
material respects in accordance with the published specifications for
such Software as established by JDS Uniphase Corporation.
However, JDS Uniphase Corporation does not warrant that the Soft-
ware will operate uninterrupted or error free, operate in the combina-
tion with other software, meet Customer’s requirements, or that its use
will be uninterrupted.
JDS Uniphase Corporation’s obligation and Customer’s sole and
exclusive remedy under this Software Warranty is limited to, at JDS
Uniphase Corporation’s option, either (i) correcting the material errors
reported to JDS Uniphase Corporation in writing by Customer during
the Warranty Period and which JDS Uniphase Corporation is able to
reproduce, (ii) replacing such defective Software, provided that JDS
Uniphase Corporation received written notice of such defect within the
Warranty Period, or (iii) provided that JDS Uniphase Corporation
received written notice of such defect within the Warranty Period,
terminating the License and, upon return to JDS Uniphase Corporation
of the Software, Documentation and all other materials provided by
JDS Uniphase Corporation under the applicable License, providing
Customer with a refund of all charges paid with respect thereto. JDS
Uniphase Corporation shall have no warranty obligations hereunder if
(a) the Software is altered or modified or is merged with other software
by Customer or any third party or (b) all or any part of the Software is
installed on any computer equipment other than the Designated
Server or used with any operating system for which the Software is not
designed.
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