This section provides a link to the license information related to the operation of EdgeMarc hardware and software as well as the EdgeMarc hardware warranty.

EdgeMarc Limited Hardware Warranty

For a period of five (5) years from the date Ribbon Communications ships the Product to Purchaser (“Warranty Period”), Ribbon Communications warrants that such Hardware will be (i) free of defects in material and workmanship under normal authorized use consistent with the Hardware Installation Guide instructions and will (ii) substantially conform to Ribbon Communications' published specifications for such Hardware as of the date of Purchaser’s order. Purchaser shall notify Ribbon Communications of any non-conformance during the Warranty Period. Purchaser’s sole and exclusive remedy and Ribbon Communications’ entire liability under this limited warranty shall be for Ribbon Communications, at its sole option, to either repair or advance replace such nonconforming Hardware as set forth in this limited warranty. In case of repair, Purchaser must obtain return authorization verification from Ribbon Communications and return the nonconforming Hardware to a designated repair facility, freight prepaid, with a statement describing the nonconformity. Nonconforming Products must be returned to Ribbon Communications within fourteen (14) business days. If Purchaser fails to return the Product within the specified time frame, Ribbon Communications will charge Purchaser for the cost of new Product purchase. Ribbon Communications may repair such nonconforming Hardware with either new or refurbished equipment. Ribbon Communications will use commercially reasonable efforts to ship replacement Hardware within fifteen (15) business days after receipt of the returned Product to a designated repair facility. In case of advance replacement, if Ribbon Communications in its sole determination and approval deems that advance replacement units are necessary, advance replacement units will be shipped on the same business day for next-day delivery (within the Continental US) if Ribbon Communications receives and acknowledges Purchaser’s notification by 1:00 PST. If Ribbon Communications, in its sole and independent determination, deems the Hardware to be allegedly defective or malfunctioning, then Ribbon Communications may refund the purchase price paid by the Purchaser.

EdgeMarc Standard Limited Software Warranty

Contact your local sales representative for warranty details.

Exclusions

This limited warranty shall not apply if Purchaser (or someone acting under Purchaser’s control) has (i) altered or modified the Product against the Hardware Installation Guide instructions, (ii) not followed Ribbon Communications instructions for installation, operation, maintenance or repair of the Hardware or Software, (iii) subjected the Hardware or Software to extreme temperatures, electrical stress, misuse, negligence, omissions, physical abuse or accident, (iv) engaged in unauthorized services using the Hardware or Software, and (v) been a victim of an act of God, third-party misconduct, accident, fire, lightning, power surges, outages, or other hazards.

Disclaimer

THE REMEDIES LISTED IN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, TERMS OR CONDITIONS WHETHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY SET FORTH ABOVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EDGEWATER NETWORKS DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS TO PURCHASER OR TO ANY OTHER PARTY REGARDING ANY PRODUCTS OR SERVICES PROVIDED BY RIBBON COMMUNICATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RIBBON COMMUNICATIONS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT THE SOFTWARE WILL BE WITHOUT INTERRUPTIONS, BUGS OR OTHER OPERATIONAL PROBLEMS. END USERS MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULLEST EXTENT PERMITTED BY LAW, THE DURATION OF SATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD SET FORTH ABOVE.

Limitation of Liability

IN NO EVENT SHALL RIBBON COMMUNICATIONS OR ITS THIRD-PARTY SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF RIBBON COMMUNICATIONS OR ITS THIRD-PARTY SUPPLIERS WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, AND WHETHER OR NOT ANY LIMITED REMEDY PROVIDED IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. RIBBON COMMUNICATIONS’ ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY PURCHASER TO RIBBON COMMUNICATIONS. FURTHERMORE, RIBBON COMMUNICATIONS SHALL NOT BE LIABLE FOR PURCHASER’S OR ANY THIRD PARTY’S SOFTWARE, FIRMWARE, INFORMATION, OR MEMORY DATA CONTAINED IN OR INTEGRATED WITH ANY RIBBON COMMUNICATIONS HARDWARE PRODUCT, WHETHER UNDER WARRANTY OR NOT.

Support and Services Agreements

Product support and Services are covered under a separate services agreement. For more information about support and service agreements applicable to this Product, go to www.ribboncommunications.com/

 

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