Symantec 10521146 User Guide - Page 5

SYMANTEC NETWORK SECURITY IN-LINE BYPASS UNIT WARRANTY AGREEMENT SYMANTEC CORPORATION AND/OR ITS SUBSIDIARIES ("SYMANTEC") IS WILLING TO PROVIDE WARRANTIES AS SET FORTH HEREIN ON THE IN-LINE BYPASS UNIT YOU HAVE PURCHASED TO YOU AS AN INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE IN-LINE BYPASS UNIT (REFERENCED BELOW AS "YOU OR YOUR") AND TO PROVIDE WARRANTIES ON THE IN-LINE BYPASS UNIT ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS WARRANTY AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS WARRANTY AGREEMENT CAREFULLY BEFORE USING THE IN-LINE BYPASS UNIT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SYMANTEC. BY OPENING THIS PACKAGE, BREAKING THE SEAL, CLICKING ON THE "AGREE" OR "YES" BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, REQUESTING A LICENSE KEY OR USING THE IN-LINE BYPASS UNIT, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE "I DO NOT AGREE" OR "NO" BUTTON IF APPLICABLE AND DO NOT USE THE IN-LINE BYPASS UNIT. 1. Limited Warranty: Symantec warrants that the in-line bypass unit ("In-line Bypass Unit") You have purchased shall be free from defects in material and workmanship under normal use and service and substantially conform to the written documentation accompanying the In-line Bypass Unit for a period of three hundred sixty-five (365) days from the date of original purchase. Your sole remedy in the event of a breach of this warranty will be that Symantec will, at its option, repair or replace any defective In-line Bypass Unit returned to Symantec within the warranty period or refund the money You paid for In-line Bypass Unit. The warranties contained in this Agreement will not apply to any In-line Bypass Unit which: A. has been altered, supplemented, upgraded or modified in any way; B. has been repaired except by Symantec or its designee; or C. has been inserted into, used or operated with any device for which it is not intended as stated in the user documentation accompanying the In-line Bypass Unit. Additionally, the warranties contained in this Agreement do not apply to repair or replacement caused or necessitated by: (i) events occurring after risk of loss passes to You such as loss or damage during shipment; (ii) acts of God including without limitation natural acts such as fire, flood, wind earthquake, lightning or similar disaster; (iii) improper use, environment, installation or electrical supply, improper maintenance, or any other misuse, abuse or mishandling; (iv) governmental actions or inactions; (v) strikes or work stoppages; (vi) Your failure to follow applicable use or operations instructions or manuals; (vii) Your failure to implement, or to allow Symantec or its designee to implement, any corrections or modifications to the In-line Bypass Unit made available to You by Symantec; or (viii) such other events outside Symantec's reasonable control. Upon discovery of any failure of the In-line Bypass Unit, or component thereof, to conform to the applicable warranty during the applicable warranty period, You are required to contact us within ten (10) days after such failure and seek a return material authorization ("RMA") number. Symantec will promptly issue the requested RMA as long as we determine that You meet the conditions for warranty service. The allegedly defective In-line Bypass Unit, or component thereof, shall be returned to Symantec, securely and properly packaged, freight and insurance prepaid, with the RMA number prominently displayed on the exterior of the shipment packaging and with the In-line Bypass Unit. Symantec will have no obligation to accept any In-line Bypass Unit which is returned without an RMA number. Upon completion of repair or if Symantec decides, in accordance with the warranty, to replace a defective In-line Bypass Unit, Symantec will return such repaired or replacement In-line Bypass Unit to You, freight and insurance prepaid. In the event that Symantec, in its sole discretion, determines that it is unable to replace or repair the In-line Bypass Unit, Symantec will refund to You the F.O.B. price paid by You for the defective In-line Bypass Unit. Defective In-line Bypass Units returned to Symantec will become the property of Symantec. Symantec does not warrant that the In-line Bypass Unit will meet Your requirements or that operation of the In-line Bypass Unit will be uninterrupted or that the In-line Bypass Unit will be error-free. In order to exercise any of the warranty rights contained in this Agreement, You must have available an original sales receipt or bill of sale demonstrating proof of purchase with Your warranty claim. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY. 2. Disclaimer of Damages: SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE IN-LINE BYPASS UNIT EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL SYMANTEC'S OR ITS LICENSORS' LIABILITY EXCEED THE PURCHASE PRICE FOR THE IN-LINE BYPASS UNIT. The disclaimers and limitations set forth above will apply regardless of whether You accept the In-line Bypass Unit. 3. Export Regulation: Certain Symantec products are subject to export controls by the U.S. Department of Commerce (DOC), under the Export Administration Regulations (EAR) (see www.bxa.doc.gov). Violation of U.S. law is strictly prohibited. Licensee agrees to comply with the requirements of the EAR and all applicable international, national, state, regional and local laws, and regulations, including any applicable import and use restrictions. Symantec products are currently prohibited for export or re-export to Cuba, North Korea, Iran, Iraq, Libya, Syria and Sudan or to any country subject to applicable trade sanctions. Licensee agrees not to export, or re-export, directly or indirectly, any product to any country outlined in the EAR,