FX87 DWDM Tunable Laser Source User’s Manual
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version (to the extent that any failure of the Software would have been avoided by the use of the
most current version); or (e) damaged by improper environment, abuse, misuse, accident or
negligence. In addition, the foregoing warranty shall not apply to any Software which has been
used with any third-party hardware or software not authorized by VeEX for use with the Software.
Hardware Replacement Process
Any defective Hardware can only be replaced in accordance with VeEX’s Return
Policy. Transportation costs, if any, incurred in connection with the return of a defective
Hardware to an VeEX repair center shall be borne by Customer. If VeEX determines, at its sole
discretion, that the allegedly defective Hardware is not cove
red by VeEX’s Limited Warranty, the
cost of repair by VeEX, including all shipping expenses, shall be paid by Customer. Customer is
responsible for backing up and saving any data, software, firmware or other information
embedded in or saved on any returned Hardware, and VeEX will not restore, save or return any
such data, software, firmware or other information with any repaired or replaced Hardware. This
Limited Warranty only covers Hardware manufactured by an authorized VeEX manufacturer and
sold by VeEX
’s distributors and resellers.
Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY, ALL EXPRESS OR
IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPO
SE OR MEETING CUSTOMER’S REQUIREMENTS, NONINFRINGEMENT OF ANY
THIRD
PARTY’S
INTELLECTUAL
PROPERTY
RIGHTS,
COMPATIBILITY
OR
INTEROPERABILITY WITH ANY HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT
PROVIDED BY VEEX, SATISFACTORY QUALITY, OR FREEDOM FROM INTERRUPTION
OR ERROR, ARE HEREBY DISCLAIMED AND EXCLUDED TO THE MAXIMUM EXTENT
PERMITTED
BY
APPLICABLE
LAW.
VEEX
DISCLAIMS
ANY
WARRANTY,
REPRESENTATION OR ASSURANCE THAT THE PRODUCT WILL OPERATE WITHOUT
ERROR OR INTERRUPTION, OR WILL BE FREE OF VULNERABILITY TO INTRUSION OR
ATTACK. ANY PRODUCTS LICENSED OR PROVIDED UNDER AN EVALUATION LICENSE,
ANY PRODUCTS PROVIDED WITHOUT CHARGING ANY FEE, ANY MODIFIED PRODUCTS
AND ANY THIRD-
PARTY PRODUCTS ARE FURNISHED “AS IS,” WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. CUSTOMER
MAY NOT MAKE A WARRANTY CLAIM AFTER EXPIRATION OF THE WARRANTY PERIOD.
TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS
LIMITED IN DURATION TO THE WARRANTY PERIOD OR OTHERWISE TO THE MAXIMUM
EXTENT PERMITTED BY LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE
LIMITATION MAY NOT APPLY TO CUSTOMER. THIS WARRANTY GIVES CUSTOMER
SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS, WHICH
VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
IN NO EVENT WILL VEEX OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
SUPPLIERS, MANUFACTURERS, RESELLERS, DISTRIBUTORS OR LICENSORS BE
LIABLE FOR ANY LOST REVENUE OR PROFIT, LOSS OF DATA, LOSS OF USE,
INTERRUPTION OF BUSINESS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, OR
FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES,
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
