Zhone Technologies 4000E User Manual

Page 3

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End User License Agreement (Zhone and Affiliates)

IPD4-A2-ZZ40-20

4000E IP Broadband Loop Carrier Installation Instructions

3

Limited Warranty. Zhone warrants that the media containing the Software is
free from defects in material and workmanship for ninety (90) days following
your purchase of the Software. You may provide written notice of such defect
(addressed to Zhone Technologies, Inc., Attention: Customer Service, 7001
Oakport Street @ Zhone Way, Oakland, CA 94621) no later than ten (10) days
following expiration of such period and, as your sole and exclusive remedy,
Zhone will provide replacement media. NEITHER ZHONE NOR ITS
LICENSORS MAKE ANY OTHER WARRANTY, EXPRESS, IMPLIED
OR STATUTORY. ZHONE AND ITS LICENSORS DISCLAIM ALL
WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE,
MERCHANTABILITY AND NON-INFRINGEMENT. Some states or other
jurisdictions do not allow the exclusion of implied warranties on limitations
on how long an implied warranty lasts, so the above limitations may not apply
to you. This warranty gives you specific legal rights, and you may also have
other rights which vary from one state or jurisdiction to another.

Limit of Liability. In case of any claim hereunder or related to the Software,
neither Zhone nor its Licensors shall be liable for direct damages exceeding
the price paid by User for the Software or for special, incidental,
consequential or indirect damages, even if advised in advance of the potential
thereof.

U.S. Government Users. The Software is a "commercial item" as defined at
48 C.F.R. 2.101, consisting of "commercial computer software" and
"commercial computer software documentation" as such terms are used in 48
C.F.R. 12.212. Under 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 to
227.7202-4, U.S. Government Users acquire the Software only with the rights
set forth therein.

Third Party Licensors. This Zhone End User License Agreement may be
accompanied by differing or additional provisions applicable to portions of
the Software provided by one or more Licensors ("Licensor Provisions").
User acknowledges and agrees that its Use of such portions of the Software is
subject to the Licensor Provisions.

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