Enterasys® I-Series Product Warranty
THIS NON-TRANSFERABLE WARRANTY IS GIVEN ONLY TO THE
ORIGINAL PURCHASING END USER AND IS APPLICABLE ONLY TO THE I-SERIES PRODUCT
SOLD OR DISTRIBUTED TO SUCH END USER BY AN AUTHORIZED ENTERASYS NETWORKS RESELLER
(“PARTNER”) OR ENTERASYS NETWORKS (“ENTERASYS”) AND BEARING THE “ENTERASYS”
BRAND NAME.
A) Hardware
Warranty
i)
ENTERASYS
warrants to the original purchasing End User that each unit of ENTERASYS
hardware products in the I-Series line of switches (“Hardware Products” or
“Products”) will be materially free from defects in material and workmanship
under normal use and service five (5) years after shipment of product.
ii)
ENTERASYS
warrants to the End User that any power supplies, fans, and cables provided
with any Product covered under the Warranty will be free from defects in
material and workmanship five (5) years.
iii)
Breach of
warranty will be enforceable against ENTERASYS only if written notice of such
breach is received by ENTERASYS within the applicable warranty period.
iv)
If a warranty
claim is invalid for any reason, End User will be charged for services
performed and expenses incurred by ENTERASYS in repairing, handling and
shipping the returned Product.
v)
Expendable parts,
such as fuses, lamps, filters, and other parts that are regularly replaced due
to normal use are excluded from this warranty.
vi)
As to Products
repaired or replaced during the original warranty period for such Product, the
warranty period on the replacement Product or the repaired Product shall terminate
thirty (30) days after shipment to End User or upon the termination of the
original warranty period, whichever is longer.
B) Software
Warranty
i)
The only warranty
ENTERASYS makes to End User in connection with ENTERASYS licensed materials,
which includes ENTERASYS software, together with related documentation and the
media embodying the software (“Licensed Materials”), is that the media upon
which the Licensed Materials are recorded will be replaced without charge, if
ENTERASYS in good faith determines that the media was defective and not subject
to misuse for a period of ninety (90) days from the date of shipment to End
User. Within thirty (30) days of
determination of same, ENTERASYS shall use commercially reasonable efforts to
replace any defective media that ENTERASYS has determined to be under warranty.
Other than the warranty set out in this Section B, Licensed Materials are sold
“As Is.”
C)
Entitlements During the Applicable Warranty Period
i)
Telephone
Support.
1)
Technical
telephone support shall be provided by ENTERASYS'
ii)
Firmware/Software
Updates/Upgrades.
1)
For the first two (2) years of the warranty period,
customers are entitled to receive any firmware maintenance updates or feature upgrades
(updates) which ENTERASYS may develop and generally release with respect to any
Covered Product. However, this warranty shall not automatically entitle
customer to any feature requiring a separate license; customers must purchase a
one-time license to permanently unlock these features for use. You have no
right to use the firmware maintenance updates for any other product or purpose.
Your use of firmware maintenance updates shall be subject to the terms and
conditions, including but not limited to restrictions on transferability, set
forth in ENTERASYS’ License Agreement that came with the product you purchased.
Your use of a firmware upgrade constitutes your acceptance of the terms and
conditions of the License Agreement.
Copies of the License Agreement are available upon request. Firmware
updates can only be installed on products purchased through authorized
resellers and channels.
iii)
Return to
Factory Repair.
1)
You are entitled
to “Return to Factory Repair” for Covered Product. If you desire to return a
defective Covered Product for repair, you must notify Enterasys prior to
returning the defective Covered Product and you may be required to troubleshoot
the defective Covered Product with the GTAC to establish that the defective
condition exists prior to receiving a Return Materials Authorization (“RMA”). Within
10 business days of the date of notification and determination that a defective
condition exists, you will receive a RMA number, the location to which the
defective Covered Product must be returned, and the method of transportation
which must be used to return the defective Covered Product. In no event will
Enterasys accept any returned Covered Product that does not have a valid RMA
number.
(a)
When a Covered
Product in need of repair is not located at the site you designated at Contract
initiation and Product Registration, Enterasys reserves the right to charge
Enterasys’ standard rates for the repair of that Covered Product.
(b)
You are
responsible for removing any add-on hardware and making backup copies of any
operating software, as these may be lost or damaged in the repair process. The defective Covered Product must be in the
as-shipped condition, with the exception of the claimed defect, when returned
for repair or replacement and must be returned in the original packaging, or
its equivalent, to provide the same degree of protection from electrostatic
discharge, or damage in transit. All returns must have the RMA number
prominently displayed on the outside of the shipping carton.
(c)
You shall return
the replaced item to ENTERASYS in its original or comparable packaging
sufficient to prevent damages in transit from electrostatic discharge, or other
similar effect, and the RMA number must be clearly displayed on the packaging. You shall bear the risk of loss for any
replaced item until it has been received at the ENTERASYS specified ship-to
location. Any shipping fees, duties, taxes, or other similar charges associated
with international shipment are your responsibility.
2)
Within 30
business days of receipt of the defective Covered Product, Enterasys shall use
reasonable commercial efforts to return ship the repaired Covered Product or a
replacement. Returned Covered Products shall be repaired or replaced in
Enterasys’ sole discretion. You are responsible for all freight, duties, taxes,
and similar charges incurred in returning a product for repair to Enterasys.
Enterasys shall pay all freight incurred in returning the repaired product or
its replacement to you, but you shall be responsible for any related duties,
taxes, and similar charges.
3)
Enterasys
reserves the right to monitor your RMAs to determine “No Problem Found” rates
(“NPFs”) and identify products returned for repair requiring only a firmware
upgrade. You will be notified if Enterasys determines, in its sole discretion,
that return rate reaches unacceptable levels. Upon such notification, you shall
participate in a consultative meeting to discuss the findings. If you refuse,
or are unable to meet, within a reasonable time, as determined in Enterasys’ sole
discretion, you will be billed 25% of Enterasys' then prevailing list price
plus all shipping and handling charges for any returned Covered Products for
which no problem is found or for which only a firmware upgrade was required.
4)
If replaced item
is not returned within thirty (30) calendar days the RMA will be cancelled.
D)
General
i)
The warranties
set forth in Sections A and B above, and the entitlements set forth in Section
C above, are for the benefit of and shall apply only to the original End User
of the Product.
ii)
ENTERASYS'
warranties shall not apply to any Product or Licensed Material that has been
damaged as a result of, or subjected to, accident, neglect, misuse, abuse,
vandalism, riot, war, acts of terrorism, negligence in transportation or
handling, failure of or surges in electric power, air conditioning, humidity
control, flood, water, fire or smoke and heat damage, causes other than
ordinary use, acts of God, or causes beyond ENTERASYS' control, or if the
Product or Licensed Material was not properly maintained by End User during the
warranty period.
iii)
There shall be no
warranty or liability for any Products or Licensed Materials that have been
modified by End User without ENTERASYS' prior written approval.
iv)
Replacement
Products or Licensed Materials outside the scope of this warranty or with
respect to Product(s) or Licensed Materials out-of-warranty will be furnished
at the established charges of ENTERASYS then in effect.
v)
End User shall
ensure that ENTERASYS will have full and free access to the Products and
Licensed Materials at End User's site, if required.
vi)
ENTERASYS shall
not be responsible for failure to replace Products or Licensed Materials due to
causes beyond its control. ENTERASYS shall not be required to replace any
Product or Licensed Material if it would be impractical for ENTERASYS personnel
to do so because of unauthorized alterations to the Products or Licensed
Materials or its unauthorized connection by mechanical or electrical means to
another system or device.
vii)
Enterasys
reserves the right to replace any defective Product with different or
refurbished product with substantially the same functionality.
viii)
Actual delivery
times may vary depending on specific End User location.
E)
Limitation of Liability
i)
THESE WARRANTIES
AND ENTERASYS' AND ITS AFFILIATES’ LIABILITY AND END USER'S REMEDIES WITH
RESPECT THERETO, AS SET FORTH HEREIN, ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF
ALL OTHER WARRANTIES, LIABILITIES, REMEDIES, EXPRESS OR IMPLIED, INCLUDING ANY
OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING
FROM NEGLIGENCE OF ENTERASYS OR ITS AFFILIATES, ACTUAL OR IMPUTED, AND NO
WARRANTIES, EXPRESS OR IMPLIED REPRESENTATIONS, PROMISES OR STATEMENTS HAVE
BEEN MADE BY ENTERASYS OR ITS AFFILIATES UNLESS CONTAINED IN THIS AGREEMENT. NO WARRANTY, EXPRESS OR IMPLIED, IS MADE
HEREIN THAT THE LICENSED MATERIALS, PRODUCTS OR ANY PARTS ARE MERCHANTABLE, OR
FIT OR SUITABLE FOR THE PARTICULAR PURPOSES FOR WHICH THE LICENSED MATERIALS,
PRODUCTS OR PARTS MAY BE ACQUIRED BY END USER. IN NO EVENT SHALL ENTERASYS OR
ITS AFFILIATES BE LIABLE TO END USER FOR ANY INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF DATA, OR PROFITS,
WHETHER CLAIMED BY REASON OF BREACH OF WARRANTY OR OTHERWISE, AND WITHOUT
REGARD TO THE FORM OF ACTION IN WHICH SUCH CLAIM IS MADE.
ii)
The Products and
Licensed Materials are not specifically developed, or licensed for use in any
nuclear, aviation, mass transit, or medical applications or in any other
inherently dangerous applications.
iii)
End User hereby
agrees that ENTERASYS shall not be liable for any claims or damages arising
from such use if End User uses the Products and/or Licensed Materials for such
applications.
iv)
End User agrees
to indemnify and hold ENTERASYS harmless from any claims for losses, costs,
damages, or liability arising out of or in connection with the use of the
Products and/or Licensed Materials in such applications.
v)
ENTERASYS
PRODUCTS MAY INCLUDE OR BE BUNDLED WITH THIRD-PARTY PRODUCTS AND SOFTWARE. ANY
WARRANTIES SET
vi)
Notwithstanding
anything contained herein to the contrary, the total maximum liability of
ENTERASYS and its Affiliates under this warranty for the affected Product(s)
and Licensed Materials is limited, at the option of ENTERASYS, to either:
1) ENTERASYS' use of reasonable efforts to repair any
Product or Licensed Materials; or
2) ENTERASYS' use of reasonable efforts to replace any
Product or Licensed Materials, or any shipment as to which any defect is
claimed by End User and duly verified by ENTERASYS; or
3) The refund of the purchase price or license fee paid
depreciated on a straight-line basis over a three (3) year period.