EXFO EXpert IPTV Test Tools (FTB-1 / 2 Pro) - Manual (Page 5)

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4. AUDITS: EXFO reserves its right to audit, at its convenience, your use of the Software.
5. TERMS OF TERMINATION: This Agreement shall remain in full force and effect until you
discontinue use of the Software or the Product, until the end of the life of the Product or
Software or until this Agreement is terminated, whichever occurs earlier. Without prejudice to
its other rights, EXFO may terminate this Agreement if you fail to comply with the terms
thereof. In such event, you must destroy or return all copies of the Software and
Documentation as requested in writing by EXFO. You shall be liable for all damages to EXFO as
a result of the breach whether or not you were notify of the likelihood of such damages.
EXFO retains all rights to the Software not expressly granted hereunder. Nothing in this
Agreement constitutes a waiver of the rights of EXFO or any Third Party Beneficiary.
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