11.4 The failure of CTERA to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such
right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be
unenforceable, the remainder of this Agreement will continue in full force and effect.
11.5 This Agreement constitutes the entire agreement between CTERA and You with respect to the subject matter hereof and
supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject
matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by CTERA.
11.6 You may not assign or transfer any of Your rights or obligations under this Agreement to a third party without the prior
written consent of CTERA. CTERA may freely assign this Agreement. Any attempted assignment or transfer in violation of the
foregoing will be void.
CTERA Limited Hardware Warranty
Limited Hardware Warranty. CTERA warrants that the hardware components of the product supplied to you by CTERA or its
authorizes partners (the “Hardware Product”) shall be free from material defects in design, materials, and workmanship and will
function, under normal use and circumstances, materially in accordance with the documentation provided with such Hardware
Products for a period of one year from the date of shipment by CTERA. Your sole and exclusive remedy, and CTERA’s sole and
exclusive liability for defective hardware components shall be that CTERA, at its sole option, subject to the terms and conditions
of this Warranty, and solely upon confirmation of a defect or failure of a hardware component to perform as warranted, shall
either repair or replace the nonconforming hardware component. All replacement parts furnished to You under this warranty
shall be new or refurbished and equivalent to new, and shall be warranted as new for the remainder of the original warranty
period. All defective parts, which have been replaced, shall become the property of CTERA. All defective parts that have been
repaired shall remain Your property.
Procedures. A Hardware Product or one of its component parts may only be returned to CTERA with CTERA’s prior written
approval. Any such approval shall reference a returned material authorization number issued by an authorized CTERA service
representative. Transportation costs, if any, incurred in connection with the return of a defective item to CTERA shall be borne
by You. Any transportation costs incurred in connection with the redelivery of a repaired or replacement item to You by CTERA
shall be borne by CTERA; provided, however, that if CTERA determines, in its sole discretion, that the allegedly defective item is
not covered by the terms of the warranty or that a warranty claim is made after the warranty period, the cost of the repair by
CTERA, including all shipping expenses, shall be reimbursed by You.
Exclusions. The foregoing warranties and remedies shall be void as to any Hardware Products damaged or rendered
unserviceable by one or more of the following: (1) improper or inadequate maintenance by anyone other than CTERA or CTERA’s
authorized agents, (2) software or interfacing supplied by anyone other than CTERA, (3) modifications, alterations or additions to
the Hardware Products by personnel not certified by CTERA or CTERA’s authorized agents to perform such acts, or other
unauthorized repair, installation or opening or other causes beyond CTERA's control, (4) unreasonable refusal to agree with
engineering change notice programs, (5) negligence by any person other than CTERA or CTERA's authorized agents, (6) misuse,
abuse, accident, electrical irregularity, theft, vandalism, fire, water or other peril, (7) damage caused by containment and/or
operation outside the environmental specifications for the Hardware Products, (8) alteration or connection of the Hardware
Products to other systems, equipment or devices (other than those specifically approved by CTERA) without the prior approval of
CTERA, or (9) any use that is inconsistent with the user manual supplied with the Hardware Product.
Limitation of Liability. NOTWITHSTANDING ANYTHING ELSE IN THIS WARRANTY OR OTHERWISE, NEITHER CTERA NOR ITS
SUPPLIERS WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS WARRANTY UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, REGARDLESS OF WHETHER CTERA WAS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES: (i) FOR ANY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST DATA OR LOST PROFITS. IN THE
EVENT THAT CTERA FAILS TO EITHER REPAIR OR REPLACE THE NONCONFORMING HARDWARE COMPONENT IN ACCORDANCE
WITH THIS WARRANTY, YOU SHALL ONLY BE ENTITLED, AS A SOLE AND EXCLUSIVE REMEDY, TO A REFUND OF THE AMOUNT
PAID FOR THE HARDWARE PRODUCT.
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
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