
IP Router - Release 2.97 v
Preface
Limitation of Warranty & Limitation of Remedies
Correction of defects by repair, replacement, or service will be at Force10 Networks' option and
constitute Force10 Networks' sole obligation and BUYER's sole and exclusive remedy under the
limited warranty. Any such error correction or replacement provided to BUYER does not extend the
original warranty period for hardware or software, respectively.
Force10 Networks assumes no warranty or other liability with respect to defects in the Product or
Software caused by:
a. modification, repair, storage, installation, operation, or maintenance of the Product or
Software by anyone other than Force10 Networks or its agent, or as authorized and
in accordance with the Force10 Networks Documentation; or
b. the negligent, unlawful or other improper use or storage of the Product or Software,
including its use with incompatible equipment or software; or
c. fire, explosion, power failures, acts of God, or any other cause beyond Force10
Networks' reasonable control; or
d. handling or transportation after title of the Product passes to BUYER.
Other manufacturer's equipment or software purchased by Force10 Networks and resold to BUYER
will be limited to that manufacturer's warranty. Force10 Networks assumes no warranty liability for
other manufacturer's equipment or software furnished by BUYER.
BUYER UNDERSTANDS AND AGREES AS FOLLOWS: Except for the limited warranty set forth
above, the Product, License Software and all services performed by Force10 Networks hereunder are
provided "as is," without representations or warranties of any kind. Force10 Networks does not
warrant that the Product, License Software, any hardware or software, or any update, upgrade, fix or
workaround furnished to BUYER will meet BUYER's requirements, that the operation thereof,
including any maintenance or major releases thereto will be uninterrupted or error-free.
THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED, AND ALL OTHER OBLIGATIONS OR LIABILITIES OF FORCE10
NETWORKS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT AND/OR ANY IMPLIED WARRANTIES
ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. ALL OTHER
WARRANTIES ARE DISCLAIMED AND EXCLUDED BY FORCE10 NETWORKS.
THE REMEDIES CONTAINED IN THIS AGREEMENT WILL BE THE SOLE AND
EXCLUSIVE REMEDIES WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND
FORCE10 NETWORKS WILL NOT BE LIABLE FOR INJURIES OR DAMAGES TO PERSONS
OR PROPERTY RESULTING FROM ANY CAUSE WHATSOEVER, WITH THE EXCEPTION
OF INJURIES OR DAMAGES CAUSED BY THE GROSS NEGLIGENCE OF FORCE10
NETWORKS. THIS LIMITATION APPLIES TO ALL SERVICES, SOFTWARE, AND
PRODUCTS DURING AND AFTER THE WARRANTY PERIOD. IN NO EVENT WILL
FORCE10 NETWORKS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR COMMERCIAL LOSSES EVEN IF
FORCE10 NETWORKS HAS BEEN ADVISED THEREOF.