Common use of Limited Product Warranty Clause in Contracts

Limited Product Warranty. Notwithstanding any provision to the contrary, AOI’s sole and exclusive obligations to the Customer for any Product made by AOI and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s sole option, for any Product which has been returned to AOI under the RMA procedure (as defined below) and which in the reasonable opinion of AOI is determined to be defective in workmanship, material, or not in compliance with the mutually agreed written applicable specification and has in fact failed under normal use on or before one (1) year from the date of original shipment of the Product. All Products which are experimental Products, prototypes, or Products used in field trials or qualification testing, are not warranted. All third parties’ Products (including software) sold by AOI carry only the original manufacturer’s warranty applicable to the Customer. AOI will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intent, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty and no claim will be accepted from any third party. This warranty does not extend to Product(s) to the extent such Product(s) has (1) been subjected to misuse, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure below.

Limited Product Warranty. Notwithstanding any provision to the contrary, AOIWP’s sole and exclusive obligations to the Customer for any Product made by AOI WP and sold hereunder are to repair returned Product or provide a replacement Product, at AOIWP’s sole option, for any Product which has been returned to AOI WP under the RMA procedure (as defined below) and which in the reasonable opinion of AOI WP is determined to be defective in workmanship, material, material or not in compliance with the mutually agreed written applicable specification specifications and has in fact failed under normal use on or before one (1) year from the date of original shipment of the Product. All Products Products, which are experimental Products, prototypes, prototypes or Products used in field trials or qualification testingtrials, are not warranted. All third parties’ Products (including software) sold by AOI WP carry only the original manufacturer’s warranty applicable to the Customer. AOI WP will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI WP reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intentratings, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty and no claim will be accepted from any third party. This warranty does not extend to Product(s) to the extent such Product(s) has (1) been subjected to misuse, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure below.

Limited Product Warranty. Notwithstanding any provision AIM warrants to the contraryoriginal purchaser or, AOIfor products purchased from a Reseller, to the original end-user, that AIM-branded products purchased from AIM or Reseller will, for the period stated in the applicable written product specifications as set forth in xxx.xxxxxxxxx.xxx/xxxxxxx_xxxx.xxx or by contacting your AIM representative, conform to the AIM written product specifications. It is the sole responsibility of the original purchaser or, for products purchased from a Reseller, the original end-user, to acquire up-to-date versions of the applicable AIM written product specifications. During the warranty period, AIM will, at its option: (1) replace any defective product with a comparable product, or (2) refund the amount you paid for any defective product, upon its return to AIM. The foregoing sets forth your sole and exclusive remedy, and AIM’s sole and exclusive obligations obligation, with respect to a breach of the warranty set forth above. In order to receive the benefit of this warranty, you must follow AIM’s warranty processes as described herein. You are responsible for properly packaging any defective product, paying all shipping costs, loss or damage to the Customer for any Product made by AOI and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s sole option, for any Product which has been returned to AOI under the RMA procedure (as defined below) and which in the reasonable opinion of AOI is determined to be defective in workmanship, material, or not in compliance with the mutually agreed written applicable specification and has in fact failed under normal use on or before one (1) year from the date of original shipment of the Product. All Products which are experimental Products, prototypes, or Products used in field trials or qualification testing, are not warranted. All third parties’ Products (including software) sold by AOI carry only the original manufacturer’s warranty applicable to the Customer. AOI will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intent, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presentedproduct during shipping, and has already been received by AOI before that timeany other taxes, fees or charges associated with transporting the product to AIM’s designated service facility. The Customer must make all claims under this warranty and no claim will be accepted Purchasing additional products from any third party. This warranty AIM does not extend your warranty period for any previously purchased products. If AIM asks you to Product(s) return defective products, you must do so within 7 days after you receive the replacement products. AIM will charge you for replacement products if you fail to the extent such Product(s) has (1) been subjected to misusedo so. THIS LIMITED WARRANTY COVERS NORMAL USE. AIM DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, neglectABUSE, or abuse not caused by AOIACCIDENTS, (2) been repaired or altered by anyone other than AOI without AOI’s approvalUNAUTHORIZED SERVICE OR PARTS, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunctionOR THE COMBINATION OF AIM BRANDED PRODUCTS WITH OTHER PRODUCTS. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure belowTHIS LIMITED WARRANTY DOES NOT COVER NON-AIM BRANDED PRODUCTS. ANY WARRANTY APPLICABLE TO NON-AIM BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURER.

Limited Product Warranty. Notwithstanding any provision to the contrarycontrary (but subject to the operation of any law to the extent it cannot be excluded), AOI’s JDSU's sole and exclusive obligations to the Customer for any Product (other than Software, as defined and warranted below) made by AOI JDSU and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s JDSU's sole option, for any Product which has been returned to AOI JDSU under the RMA procedure (as defined below) and which in the reasonable opinion of AOI JDSU is determined to be defective in workmanship, material, material or not in compliance with the mutually agreed written JDSU specification applicable specification to the Product and has in fact failed under normal use on or before before, one (1) year from the date of original shipment of the Product. All Products Products, which are experimental Products, prototypes, experimental, alpha, beta, field trial or Products used in field trials or qualification testingunqualified Products, are not warranted. All third parties’ ' Products or components (including software) sold by AOI JDSU carry only the original manufacturer’s 's warranty applicable to the extent such warranty is transferable to Customer. AOI JDSU will only accept for repair, replacement coordinate the return of Product or credit under warranty Products made components supplied by third parties if expressly authorized in accordance with the applicable manufacturer's warranty provided such Product or components are returned to do so by JDSU in accordance with the relevant third partyRMA procedure set forth in Section 8. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI JDSU reserves the right, at its sole option, to issue a credit note or cash refund for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, repaired or reworked (by any party other than JDSU or its authorized agents), improperly stored or handled, used in conjunction with another product that is electronically or mechanically incompatible or of an inferior quality, or used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intentratings, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty these warranties and no claim will be accepted from any third party. This warranty does not extend to Product(sThe warranties set forth herein are non-transferable. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT OR OTHER RELATED DOCUMENTATION (INCLUDING WITHOUT LIMITATION ANY SPECIFICATIONS) to the extent such Product(s) has (1) been subjected to misuseTO THE CONTRARY, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure belowTHE PROVISIONS OF WARRANTIES SET FORTH HEREIN CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR ANY DEFECTIVE OR NONCONFORMING PRODUCTS OR SERVICES.

Limited Product Warranty. Notwithstanding any provision to the contrary, AOI’s sole and exclusive obligations to the Customer for any Product made by AOI and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s sole option, for any Product which has been returned to AOI under the RMA procedure (as defined below) and which in the reasonable opinion of AOI is determined to be defective in workmanship, material, or not in compliance with the mutually agreed written applicable specification and has in fact failed under normal use on or before one (1) year from the date of original shipment of the Product. All Products which are experimental Products, prototypes, or Products used in field trials or qualification testing, are not warranted. All third parties’ Products (including software) sold by AOI carry only the original manufacturer’s warranty applicable to the Customer. AOI will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intent, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty and no claim will be accepted from any third party. This warranty does not extend to Product(s) to the extent such Product(s) has (1) been subjected to misuse, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure below.has

Limited Product Warranty. Notwithstanding any provision to Seller warrants that Goods manufactured by Seller will be free from defects in materials and workmanship for 60 months after installation or when placed in service, but in no instance shall the contrary, AOI’s sole and exclusive obligations to the Customer for any Product made by AOI and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s sole option, for any Product which has been returned to AOI under the RMA procedure (as defined below) and which in the reasonable opinion of AOI is determined to be defective in workmanship, material, or not in compliance with the mutually agreed written applicable specification and has in fact failed under normal use on or before one (1) year warranty extend past 66 months from the date of original shipment by Seller. During the warranty period, Seller will, at its option: (1) provide replacement material or parts necessary to repair the Good; or (2) repair any Good of its manufacture that is proven to Seller's satisfaction to be defective in material or workmanship during this described warranty period. Seller may require material claimed defective to be returned “Freight Prepaid” to Seller's factory that originally shipped the ProductGood. All Products which are experimental ProductsIf Seller determines the Good requires service, prototypesfreight charges relative to replacement material will be paid by Seller (limited to the 48 contiguous United States). The remedies set forth in this Section 15 shall be Buyer’s sole and exclusive remedy and Seller’s entire liability for any breach of this limited warranty. This limited warranty does not cover minor imperfections within design specifications, or Products used in field trials which do not materially alter functionality. Seller does not warrant and is not responsible for damages caused by misuse, abuse, accidents, unauthorized service or qualification testingparts, are improper storage prior to installation, or the combination of Seller-branded Goods with other products. This limited warranty does not warrantedcover non-Seller-branded Goods. All third parties’ Products (including software) sold Any warranty applicable to non-Seller-branded Goods is provided by AOI carry only the original manufacturer’s warranty applicable . To maintain this warranty, uninstalled Goods must be stored in an indoor or protected environment at all times prior to the Customer. AOI will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intent, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty and no claim will be accepted from any third party. This warranty does not extend to Product(s) to the extent such Product(s) has (1) been subjected to misuse, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure belowinstallation.

Limited Product Warranty. Notwithstanding any provision to the contrarycontrary (but subject to the operation of any law to the extent it cannot be excluded), AOITANOS’s sole and exclusive obligations to the Customer for any Product made by AOI TANOS and sold hereunder are to repair returned Product or provide a replacement Product, at AOITANOS’s sole option, for any Product which has been returned to AOI TANOS under the RMA RA procedure (as defined below) and which in the reasonable opinion of AOI TANOS is determined to be defective in workmanship, material, material or not in compliance with the mutually agreed written applicable specification and has in fact failed under normal use on or before one Specifications at the time the Products are released to Customer at TANOS’s facility (1) year from the date of original shipment of the Product“Release Date”). All Products which are experimental Products, prototypes, or Products used in field trials or qualification testing, are not warranted. All third parties’ Products (including software) sold by AOI carry only the original manufacturer’s warranty applicable to the Customer. AOI will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI TANOS reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes as of the Release Date and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, repaired or reworked (by any party other than TANOS or its authorized agents), improperly stored or handled, used in applications which exceed the Product specifications conjunction with another product, or ratings or which are inconsistent with its design intentused in any applications, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar 30 days after the claimed defect is discovered. No warranty TANOS warrants that services will be honored for nor would performed in a good and workmanlike manner in accordance with standards reasonably applicable to the services, and will re-perform any services which TANOS determines are not in compliance with this warranty still be available for any Product one year and which Customer brings to TANOS’s attention, in writing, on or before 30 days after immediately following completion of the date applicable service. This service warranty is the only warranty that applies to the provision of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that timecontract manufacturing. The Customer must make all claims under this warranty these warranties and no claim will be accepted from any third party. This warranty does not extend to Product(sThe warranties set forth herein are non-transferable. NOTWITHSTANDING ANY PROVISION OF THESE TERMS OR OTHER RELATED DOCUMENTATION (INCLUDING WITHOUT LIMITATION ANY SPECIFICATIONS) to the extent such Product(s) has (1) been subjected to misuseTO THE CONTRARY, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure belowTHE PROVISIONS OF WARRANTIES SET FORTH HEREIN ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR ANY DEFECTIVE OR NONCONFORMING PRODUCTS OR SERVICES.

Limited Product Warranty. Notwithstanding any provision ANDA Networks warrants that its products, at the time of shipment, are free from defects in materials and workmanship and will perform substantially in accordance with the user documentation relating to the contrary, AOI’s sole product specified when operated within the temperature and exclusive obligations to all other operating conditions set forth within the Customer for any Product made by AOI and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s sole option, for any Product which has been returned to AOI under the RMA procedure (as defined below) and which in the reasonable opinion of AOI is determined to be defective in workmanship, material, or not in compliance with the mutually agreed written applicable specification and has in fact failed product specifications under normal use on or before one (1) year from for the date of original shipment Limited Warranty Period. Any OEM Products will be warranted in accordance with the terms and for the periods specified in the manufacturers’ warranties that accompany the OEM Products. Buyer acknowledges that it will instruct users and installers in the proper methods and procedures as disclosed in the accompanying documentation, including safety procedures and warning notices, and in accordance with accepted industry standards and practice. Any claim by Buyer under the Limited Product Warranty must be presented to ANDA Networks in writing within [*] of the Product. All Products which are experimental Products, prototypes, or Products used in field trials or qualification testing, are not warranted. All third parties’ Products (including software) sold by AOI carry only expiration of the original manufacturer’s warranty applicable to the Customer. AOI will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third partyLimited Product Warranty period. Any Product repaired replacement Products may be new or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Productreconditioned. AOI ANDA Networks reserves the rightright to substitute equivalent Products for defective Products, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacementdiscretion. The warranty provided herein shall extend Limited Warranty will continue to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product apply to replaced or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed repaired Products for the Product specifications remainder of the original Limited Warranty Period or ratings or which are inconsistent with its design intent, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar a period of ninety-days after the claimed defect shipment of replacement Products, whichever is discoveredlonger. No warranty Limited Product Warranty Conditions This Limited Product Warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty and no claim will be accepted from any third party. This warranty does not extend to Product(s) to the extent such Product(s) has voided if: (1) the seal or serial number on the Products have been subjected to misuse, neglect, or abuse not caused by AOI, tampered with; (2) the Product’s case has been repaired opened; (3) there has been any attempted or altered actual repair or modification of the Products by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified an ANDA Networks authorized service center or approved by AOI, provider; or (4) been if the Products are used by the Buyer other than as set forth in violation the applicable Product documentation and/or listed specifications or in the manner for which it was reasonably foreseeable they were intended. [*]=CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. In addition, other than in connection with a valid Product resale, this Limited Product Warranty is neither assignable nor transferable to any subsequent purchaser/licensee. Any such transfer will void the warranty. Limitation on Liability If ANDA determines that such Product does not operate substantially in accordance with the specifications, the liability of ANDA Networks hereunder for any product which is returned by Buyer during the applicable warranty period is solely and exclusively limited to, at ANDA Networks’ option, replacement, repair, or credit at the original purchase price. Any replaced Hardware manufactured by ANDA Networks will be warranted for the remainder of the approved written instructions or specifications furnished to Customeroriginal Limited Warranty Period. For OEM Products, or (5) been subjected to improper temperature, humidity or other environmental conditionsANDA Networks assumes no responsibility for product warranties, and such action is the cause of the damage or malfunctionwill have no liability for any remedies. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure belowEXCEPT AS SET FORTH HEREIN, ANDA NETWORKS MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS. ANDA NETWORKS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AS TO SATISFACTORY QUALITY, CONDITION, PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO BUYER. IN NO EVENT SHALL ANDA NETWORKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, DATA LOSS, DAMAGE TO EQUIPMENT, OR THE LIKE), REGARDLESS OF WHETHER THE CLAIM IS BASED ON BREACH OF WARRANTY, BREACH OR REPUDIATION OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANDA NETWORKS OR ITS AGENT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limited Product Warranty. Notwithstanding any provision to the contrarycontrary (but subject to the operation of any law to the extent it cannot be excluded), AOIPCT’s sole and exclusive obligations to the Customer for any Product (other than Software, as defined and warranted below and services as warranted below) made by AOI PCT and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s PCT’ sole option, for any Product which has been returned to AOI PCT under the RMA procedure (as defined below) and which in the reasonable opinion of AOI PCT is determined to be defective in workmanship, material, material or not in compliance with the mutually agreed written PCT specification applicable specification to the Product and has in fact failed under normal use on or before one ninety (190) year days from the date of original shipment of the Product. All Products which are experimental Products, prototypes, experimental, alpha, beta, field trial or unqualified Products used in field trials or qualification testing, are not warrantedsold “as-is” and without warranty of any kind. All third parties’ ' Products (including software) sold by AOI PCT carry only the such original manufacturer’s 's warranty as may be applicable to the Customer. AOI PCT will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI PCT reserves the right, at in its sole optiondiscretion, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any applicable Product (subject to the exclusions set forth herein) which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, repaired or reworked by any party other than PCT or its duly authorized agents, improperly stored or handled, used in conjunction with another product that is electronically or mechanically incompatible or of an inferior quality, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intentratings, neglected, improperly installed or otherwise abused abused, or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty PCT warrants that services will be honored for nor would any warranty still be available for any Product one year performed in a good and 30 days after workmanlike manner in accordance with standards reasonably applicable to the date of delivery unless the warranty claim is properly prepared and presentedservices, and has already been received by AOI will reperform any services which PCT determines are not in compliance with this warranty and which Customer brings to PCT’s attention, in writing, on or before thirty (30) days immediately following completion of the applicable service. This service warranty is the only warranty that timeapplies to the provision of contract manufacturing or build to print services to Customer. The Customer must make all claims under this warranty these warranties and no claim will be accepted from any third party. This warranty does not extend to Product(sThe warranties set forth herein are non-transferable. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT OR OTHER RELATED DOCUMENTATION (INCLUDING WITHOUT LIMITATION ANY SPECIFICATIONS) to the extent such Product(s) has (1) been subjected to misuseTO THE CONTRARY, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure belowTHE PROVISIONS OF WARRANTIES SET FORTH HEREIN CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR ANY DEFECTIVE OR NONCONFORMING PRODUCTS OR SERVICES.

Limited Product Warranty. Notwithstanding any provision to the contrary, AOIWasatch Photonics’s sole and exclusive obligations to the Customer for any Product made by AOI Wasatch Photonics and sold hereunder are to repair returned Product or provide a replacement Product, at AOIWasatch Photonics’s sole option, for any Product which has been returned to AOI Wasatch Photonics under the RMA procedure (as defined below) and which in the reasonable opinion of AOI Wasatch Photonics is determined to be defective in workmanship, material, material or not in compliance with the mutually agreed written applicable specification specifications and has in fact failed under normal use on or before one (1) year from the date of original shipment of the Product. All Products Products, which are experimental Products, prototypes, prototypes or Products used in field trials or qualification testingtrials, are not warranted. All third parties’ Products (including software) sold by AOI Wasatch Photonics carry only the original manufacturer’s warranty applicable to the Customer. AOI Wasatch Photonics will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI Wasatch Photonics reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intentratings, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty and no claim will be accepted from any third party. This warranty does not extend to Product(s) to the extent such Product(s) has (1) been subjected to misuse, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure below.

Limited Product Warranty. Notwithstanding any provision to the contrarycontrary (but subject to the operation of any law to the extent it cannot be excluded), AOI’s MEMSCAP's sole and exclusive obligations to the Customer for any Product (other than Software, as defined and warranted below and services as warranted below) made by AOI MEMSCAP and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s MEMSCAP's sole option, for any Product which has been returned to AOI MEMSCAP under the RMA procedure (as defined below) and which in the reasonable opinion of AOI MEMSCAP is determined to be defective in workmanship, material, material or not in compliance with the mutually agreed written MEMSCAP specification applicable specification to the Product and has in fact failed under normal use on or before one (1) year from the date of original shipment of the Product. All Products Products, which are experimental Products, prototypes, prototypes or Products used in field trials or qualification testingtrials, are not warranted. All third parties’ ' Products (including software) sold by AOI MEMSCAP carry only the original manufacturer’s 's warranty applicable to the Customer. AOI MEMSCAP will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI MEMSCAP reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intentratings, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty MEMSCAP warrants that services will be honored for nor would any warranty still be available for any Product one year performed in a good and 30 days after workmanlike manner in accordance with standards reasonably applicable to the date of delivery unless the warranty claim is properly prepared and presentedservices, and has already been received by AOI will reperform any services which MEMSCAP determines are not in compliance with this warranty which Customer brings to MEMSCAP's attention, in writing, on or before that timethirty (30) days immediately following completion of the applicable service. The Customer must make all claims under this warranty these warranties and no claim will be accepted from any third party. This warranty does not extend to Product(s) to the extent such Product(s) has (1) been subjected to misuse, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure below.

Limited Product Warranty. Notwithstanding any provision to the contrarycontrary (but subject to the operation of any law to the extent it cannot be excluded), AOIXalyo’s sole and exclusive obligations to the Customer Buyer for any Product made by AOI Xalyo and sold hereunder are to repair returned Product (or provide a replacement Product, Product at AOIXalyo’s sole option, ) for any Product which has been returned to AOI Xalyo under the RMA procedure (as defined below) below at section 8) and which which, in the reasonable opinion of AOI Xalyo, is determined to be defective in workmanship, material, material or not in compliance with the mutually agreed written Xalyo specification applicable specification to the Product and has in fact failed under normal use on or before one twelve (112) year months from the date of original shipment of the Product. All Products Products, which are experimental Products, prototypes, prototypes or Products used in field trials or qualification testingtrials, are not warranted. All third parties’ Products products (including software) sold by AOI Xalyo carry only the original manufacturer’s warranty applicable to the Customer. AOI will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third partyBuyer. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI Xalyo reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacementreplace. The warranty provided herein shall extend apply to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product Products or parts thereof which has have been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intentratings, neglected, improperly installed or otherwise abused or is are used in hazardous activities. Customer Buyer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty Xalyo warrants that services will be honored for nor would any warranty still be available for any Product one year performed in a good and 30 days after workmanlike manner in accordance with standards reasonably applicable to the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that timeservices. The Customer Buyer must make all claims under this warranty these warranties and no claim will be accepted from any third party. This warranty does not extend to Product(s) to the extent such Product(s) has (1) been subjected to misuse, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure below.

Limited Product Warranty. Notwithstanding any provision We warrant to you and only you that the following Hardware Products will conform substantially to the contrary, AOImanufacturer’s sole and exclusive obligations to the Customer for any Product made by AOI and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s sole option, for any Product which has been returned to AOI under the RMA procedure (as defined below) and which in the reasonable opinion of AOI is determined to be defective in workmanship, material, or not in compliance with the mutually agreed written applicable specification and has in fact failed under normal use on or before published specifications during one (1) year from year. Our liability and your exclusive remedy under this limited product warranty which upon inspection we determine is non-conforming and covered by warranty is limited, at our option, to repairing, correcting, or issuing credit for a Product, or to replacing it with the date of same or functionally similar Product (a “Replacement”). You are responsible for shipping a Product to us under a warranty claim at your cost. To initiate a Product warranty claim, you must contact Xxxxxxx Customer Service during the warranty period to obtain a Return Merchandise Authorization (“RMA”) number. We will not accept warranty claims for original shipment Products that are not securely packaged and insured, are sent Cash on Delivery (COD), and/or do not have the correct RMA number written clearly on the return packaging. If we pre-ship you a Replacement, you will be invoiced for, and agree to pay to us, the then-current list price of the Product. All Products which are experimental Products, prototypes, or Products used in field trials or qualification testing, are not warranted. All third parties’ Products (including software) sold by AOI carry only Replacement if the original manufacturer’s warranty applicable to the Customer. AOI will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or being replaced under warranty is only warranted for not returned to us within sixty (60) days of the period date of time remaining in shipment of the Replacement to you. Any repair or replacement of Products or accessories by us under this warranty will not extend the original warranty for the Productperiod. AOI reserves the right, at its sole option, This warranty is exclusive to issue a credit note for any defective Product and is not assignable or transferable. If you notify us that a Product installed via installation Services (as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intent, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than further described below) fails within thirty (30) calendar days after the claimed defect is discovered. No warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after of the date of delivery unless installation, and faulty installation is determined by us to be the direct cause of the Product’s failure, we will install the Replacement at our expense. Otherwise, warranty claim coverage does not include costs of de-installing and reinstalling equipment which is done at your expense. The foregoing limited warranty only applies if and to the extent that (a) the Product is properly prepared and presentedcorrectly installed, configured, interfaced, maintained, stored, and has already been received by AOI before that time. The Customer must make all claims operated in accordance with our applicable documentation and specifications and under this warranty conditions of normal use, and no claim will be accepted from any third party(b) the Product is not modified or misused. This limited warranty does not extend to Product(sapply to, and we are not responsible for defects or performance problems resulting from (i) to the extent such Product(scombination or use of a Product with hardware or software products, information, data, systems, interfaces or devices not made, supplied or specified by us; (ii) has (1) been subjected to misuse, neglectoperating a Product under any specification other than, or abuse in addition to, our standard specifications for them; (iii) the installation, modification, repair or use of a Product other than by us or a certified installer representing us (a “Xxxxxxx Authorized Installer”); (iv) damage not caused by AOIus, a Xxxxxxx Authorized Installer, or their personnel; (2v) been repaired normal wear and tear on consumable parts (e.g., batteries); or altered by anyone other than AOI without AOI’s approval(vi) cosmetic damage. In any of these cases, we will keep the non-warranted part for thirty (330) been installed improperly by personnel days after receipt and make it available to you at our facility for inspection upon request. We do not certified warrant or approved by AOI, (4) been used in violation guarantee the results obtained through the use of the approved written instructions Products or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure belowSoftware.