Limitation of warranty & limitation of remedies – Carrier Access Broadmore 1750 User Manual

Page 10

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Broadmore 1750 - Release 4.6

Preface

b. replace the defective Licensed Software, as follows: Should a Severity 1 or 2

warranty defect with the Software occur during the 90-day warranty period, Carrier
Access will provide, in its sole determination, either

1. software to resolve the defect to be downloaded into the affected units by the

BUYER or

2. a documented workaround to address the issue.

Severity 1 issues are failures of the Licensed Software to comply with the Carrier Access
software specifications and that completely or severely affect the Carrier Access Product and its
traffic or service capacity, or maintenance or monitoring capabilities.

Severity 2 issues are failures of the Licensed Software to comply with the Carrier Access
software specifications and that result in a major degradation of the Carrier Access Product so
as to impact its system or service performance, or significant impairments to network operator
control or effectiveness. Should a Severity 3 warranty defect with the Licensed Software occur
during the 90-day warranty period, Carrier Access will provide assistance to Buyer to determine
if a solution or workaround will be provided in a subsequent software release following the
reported issue.

Severity 3 issues are defined as failures of the Licensed Software to comply with the Carrier
Access software specifications but that do not significantly impair the function or service of the
Carrier Access Product or the system.

Determination of Severity 1, 2 or 3 shall be made solely by Carrier Access following receipt of
the reported problem. Refurbished material may be used to repair or replace the Product.
BUYER shall bear the risk of loss for Products or Software returned to Carrier Access for repair,
replacement, or service, and the same must be shipped pre-paid by BUYER.

Requests for warranty services and troubleshooting must be made to, and will be provided by, the
Carrier Access Customer Support Center via telephone during the warranty period and during normal
business hours. Normal business hours for Carrier Access Customer Support Center are 7:00 a.m. to
6:00 p.m. Mountain Standard Time, Monday through Friday, excluding weekends and standard
Carrier Access recognized holidays.

Limitation of Warranty & Limitation of Remedies

Correction of defects by repair, replacement, or service will be at Carrier Access's option and
constitute Carrier Access' 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.

Carrier Access 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 Carrier Access or its agent, or as authorized and
in accordance with the Carrier Access Documentation; or

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