EXFO FastReporter 2 - Manual (Page 4)

iv FastReporter 2
6. LIMITED WARRANTY: EXFO warrants the media on which the Software is distributed to be free from defects in material
and workmanship and that the Software will perform substantially in accordance with the Documentation. EXFO will replace
defective media or Documentation at no charge, provided you return the item with dated proof of payment to EXFO within
(60) days of the date of delivery. THESE ARE YOUR SOLE REMEDIES FOR BREACH OF WARRANTY. EXCEPT AS SPECIFICALLY
PROVIDED ABOVE, EXFO MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED WITH RESPECT TO
THE SOFTWARE OR DOCUMENTATION INCLUDING THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR
A PARTICULAR PURPOSE.
7. LIMITATIONS OF LIABILITY: Because software is inherently complex and may not be completely free of errors, you are
advised to verify your work. IN NO EVENT WILL EXFO, ITS DEALERS, DISTRIBUTORS, RESELLERS, OR THIRD PARTY
BENEFICIARY, BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, DOWNTIME OR DAMAGES TO PROPERTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE
OR DOCUMENTATION, even if advised of the possibility of such damages. THE WARRANTY AND REMEDIES SET FORTH
ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. No dealer, distributor,
agent or employee is authorized to make any modification or addition to this warranty. Some US States or applicable local
legislation do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
8. U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and Documentation are provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of The Rights in
Technical Data and Computer Software clause at 52.227-7013. EXFO headquarters are located at 400 Godin Avenue, Quebec,
Quebec, G1M 2K2, Canada.
9. EXPORT AND IMPORT LAWS: You must comply fully with all applicable export and import laws including, but not limited
to, export laws and regulations of the United States of America. No Programs, Products or Software shall be exported, directly
or indirectly, in violation of laws.
10. THIRD PARTY BENEFICIARY: EXFO may designate, from time to time, any Third Party Beneficiary, with respect to any
Product or Software, which has duly executed a prior writing agreement with EXFO. Third Party Beneficiaries may include,
but are not limited to, namely ORACLE, Business Objects, Advance Fiber Optics, and MapInfo. The terms of this Agreement
also governs any source code that may be provided in some programs by Third Party Beneficiary, such as the one mentioned
above. This Agreement is not intended to be for the benefit of and shall not be enforceable by any given Third Party
Beneficiary without a prior written agreement duly executed with EXFO.
11. GENERAL: This Agreement constitutes the entire agreement between you and EXFO as concerns the subject matter
hereof and supersedes any prior agreement as to such subject matter. If any provision of this Agreement shall be deemed to
be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this Agreement shall
not be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws
applicable in the province of Quebec, Canada without regards to its conflict of laws provisions.
BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT,
AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
If you have any questions regarding this Agreement, you may contact the Legal Department at EXFO at (418) 683-0211.