Enterasys Networks SecureStack Limited Lifetime Warranty
THIS NON-TRANSFERABLE WARRANTY IS GIVEN ONLY TO THE ORIGINAL PURCHASING END USER AND IS APPLICABLE ONLY TO THE SECURESTACK A, B, AND C SERIES PRODUCT SOLD OR DISTRIBUTED TO SUCH END USER BY AN AUTHORIZED ENTERASYS NETWORKS RESELLER (“PARTNER”) OR ENTERASYS NETWORKS (“ENTERASYS”), REGISTERED WITH ENTERASYS AT http://www.enterasys.com/products/switching/securestack-warranty/BY SUCH END USER WITHIN THIRTY (30) DAYS OF RECEIPT OF PRODUCT 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 SecureStack A, B, and C Series line of switches (“Hardware Products” or “Products”) will be materially free from defects in material and workmanship under normal use and service for as long as the End User owns the Product or for five (5) years after Enterasys discontinues such Product, whichever is sooner.
ii. Where a limited lifetime warranty is not permitted by law, a five (5) year warranty period shall apply, provided that all the requirements of warranty set out herein have been fulfilled.
iii. ENTERASYS warrants to the End User that any power supplies, fans, and cables provided with any Product covered under the Limited Lifetime Warranty will be free from defects in material and workmanship for as long as the End User owns the Product or for five (5) years after Enterasys discontinues such Product, whichever is sooner.
iv. Breach of warranty will be enforceable against ENTERASYS only if written notice of such breach is received by ENTERASYS within the applicable warranty period.
v. 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.
vi. Expendable parts, such as fuses, lamps, filters, and other parts that are regularly replaced due to normal use are excluded from this warranty.
vii. 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
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. Technical telephone support shall be provided by ENTERASYS' Global Technical Assistance Center (“GTAC”) to End User from 8:00 a.m. to 5:00 p.m. End User’s local time Monday through Friday, excluding ENTERASYS recognized holidays. For the location and telephone numbers and fee rates of ENTERASYS' GTACs, please refer to ENTERASYS' Support Web page at www.enterasys.com/support. Telephone support provided hereunder will be limited to that necessary to confirm functional operation or determine if a Product is performing in accordance with Section A above, whichever applies. Should further support be required, normal support charges will apply.
ii. Firmware/Software Updates/Upgrades.
During 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. · SecureStack A-Series products: http://www.enterasys.com/download/download.cgi?lib=a2 · SecureStack B-Series products: http://www.enterasys.com/download/download.cgi?lib=b2 · SecureStack C-Series products: http://www.enterasys.com/download/download.cgi?lib=c2
iii. Product Replacement. Advance Product Replacement. During the warranty period, customers are entitled to advance replacement for Covered Product. After reasonable diagnosis and troubleshooting, should ENTERASYS determine that the Product is non-functioning, ENTERASYS will use commercially reasonable efforts to advance replace the product, using replacement parts selected by ENTERASYS.
a) Requests for advanced replacements shall be made to ENTERASYS’ GTAC. You must provide the Product description, serial number, and any other required information for the product for which replacement is requested. After sufficient diagnosis and troubleshooting, the GTAC will confirm the existence of a defect and if a return is deemed appropriate by the GTAC, provide and RMA number to be used when returning the malfunctioning product. The replacement unit(s) will be delivered to the site of the product to be replaced per the customer’s request. The customer is responsible for returning the malfunctioning product to ENTERASYS within seven (7) business days from the date the advanced replacement item was received. The returned product becomes ENTERASYS’ property upon receipt.
b) 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.
c) If replaced item is not returned within thirty (30) calendar days, (i) you shall be invoiced for the advanced replacement item(s) at ENTERASYS’ then prevailing standard list prices and (ii) the RMA will be cancelled.
d) Advanced replacement timeframes are as follows: · North America: same day shipment and next business-day delivery when call received before 5 p.m. Eastern time. · Western Europe: same day shipment and next business-day delivery when call received before 5 p.m. Ireland time. · Australia, Japan: same day shipment and next business-day delivery when call received before 5 p.m. local time. · Other Locations: next business-day shipment of product.
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 FORTH HEREIN DO NOT APPLY TO ANY SUCH THIRD-PARTY PRODUCTS OR SOFTWARE.
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: a) ENTERASYS' use of reasonable efforts to repair any Product or Licensed Materials; or
b) 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
c) The refund of the purchase price or license fee paid depreciated on a straight-line basis over a three (3) year period.
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