User Guide – PERC2000 System Controller
Publication 81-9059-0605-0, Rev. B
November 2010
Proprietary Information of
PESA 1-2
E
ND
U
SER
C
OMMERCIAL
L
ICENSE
A
GREEMENT
G
RANT
Subject to purchase of a PESA System Controller, PESA Switching Systems, Inc. (PESA) grants to you a
non-exclusive license to use the Software and accompanying documentation (“Documentation”) in the
manner described below under “Scope of Grant.”
L
IMITED
W
ARRANTY
PESA warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated
as directed, will substantially achieve the functionality described in the Documentation. PESA does not
warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software
will be error-free or secure. In addition, the security mechanisms implemented by PESA software have
inherent limitations, and you must determine that the Software sufficiently meets your requirements.
PESA also warrants that the media containing the Software, if provided by PESA, is free from defects in
material and workmanship and will so remain for ninety (90) days from the date you acquired the
Software. PESA’s sole liability for any breach of this warranty shall be, in PESA’s sole discretion: (i) to
replace your defective media; or (ii) to advise you how to achieve substantially the same functionality
with the Software as described in the Documentation through a procedure different from that set forth in
the Documentation; or (iii) if the above remedies are impracticable, to refund the purchase price you paid
for the System Controller. Repaired, corrected, or replaced Software and Documentation shall be covered
by this limited warranty for the period remaining under the warranty that covered the original Software,
or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software,
or (b) PESA advised you how to operate the Software so as to achieve the functionality described in the
Documentation. Only if you inform PESA of your problem with the Software during the applicable
warranty period and provide evidence of the date you purchased a license to the Software will PESA be
obligated to honor this warranty. PESA will use reasonable commercial efforts to repair, replace, advise
or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so
notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY PESA. PESA
MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF
THIRD PARTIES’ RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A
PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO PESA DEALER, AGENT, OR
EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR
ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software by you during the
warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms
of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if
the Software is used on or in conjunction with hardware or software other than the unmodified version of
hardware and software with which the software was designed to be used as described in the
Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
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