Installation Guide

Illustra Essentials Gen 4 Series Installation and Configuration Guide
8200-1929-03 A0 123
6. LIMITED WARRANTY.
a. Warranty. Tyco warrants that the recording medium on which the Software is recorded, hardware
key, and the documentation provided with it, will be free of defects in materials and workmanship
under normal use for a period of ninety (90) days from the date of delivery to the first user. Tyco
further warrants that for the same period, the Software provided on the recording medium under this
license will substantially perform as described in the user documentation provided with the product
when used with specified hardware. THE FOREGOING EXPRESS WARRANTY REPLACES AND
IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED,
OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED OR OTHER
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY
RIGHTS OF A THIRD PARTY, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF
INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. TYCO MAKES NO WARRANTY
THAT ANY PORTION OF THE SOFTWARE WILL OPERATE ERROR-FREE, FREE OF ANY
SECURITY DEFECTS OR IN AN UNINTERRUPTED MANNER. TYCO SHALL NOT BE
RESPONSIBLE FOR PROBLEMS CAUSED BY CHANGES IN THE OPERATING
CHARACTERISTICS OF THE DEVICE(S) UPON WHICH THE SOFTWARE IS OPERATING,
OR FOR PROBLEMS IN THE INTERACTION OF THE SOFTWARE WITH NON-TYCO
SOFTWARE OR HARDWARE PRODUCTS. TYCO NEITHER ASSUMES NOR AUTHORIZES
ANY OTHER PERSON PURPORTING TO ACT ON ITS BEHALF TO MODIFY OR TO CHANGE
THIS WARRANTY, NOR TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY
CONCERNING THIS SOFTWARE. THE WARRANTY MADE BY TYCO MAY BE VOIDED BY
ABUSE OR MISUSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY HAVE OTHER RIGHTS UNDER MANDATORY LAW THAT VARY FROM STATE TO
STATE AND COUNTRY TO COUNTRY.
b. Exclusive Remedy. Tyco's entire liability and your exclusive remedy under the warranty set forth
in this Section 6 will be, at Tyco's option, to (i) attempt to correct Software errors with efforts Tyco
believes suitable to the problem, (ii) replace at no cost the recording medium, Software or
documentation with functional equivalents as applicable, or (iii) refund a pro-rated portion of the
license fee paid for such Software (less depreciation based on a five-year life expectancy) and
terminate this EULA, provided, in each case, that Tyco is notified in writing of all warranty problems
during the applicable warranty period. Any replacement item will be warranted for the remainder of the
original warranty period. No remedy is provided for failure of the Software if such failure is the result
of accident, abuse, alteration or misapplication with respect to the Software or any hardware on
which it is loaded. Warranty service or assistance is provided at the original point of purchase.
7. LIMITATION OF LIABILITY & EXCLUSION OF DAMAGES.
a. LIMITATION OF LIABILITY. IN NO EVENT WILL TYCO'S AGGREGATE LIABILITY
(INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR NEGLIGENCE, STRICT LIABILITY,
BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT
CLAIMS) ARISING FROM OR RELATED TO THIS EULA, OR THE USE OF THE SOFTWARE,
EXCEED THE GREATER OF USD$5.00 OR THE AMOUNT OF FEES YOU PAID TO TYCO OR
ITS RESELLER FOR THE SOFTWARE THAT GIVES RISE TO SUCH LIABILITY. BECAUSE
AND TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR
LIMITATIONS OF LIABILITY ABOVE, THESE MAY NOT APPLY TO YOU.
b. EXCLUSION OF OTHER DAMAGES. UNDER NO CIRCUMSTANCES SHALL TYCO OR ANY
OF ITS RESELLERS OR LICENSORS BE LIABLE FOR ANY OF THE FOLLOWING: (I) THIRD
PARTY CLAIMS; (II) LOSS OR DAMAGE TO ANY SYSTEMS, RECORDS OR DATA, OR
LIABILITIES RELATED TO A VIOLATION OF AN INDIVIDUAL'S PRIVACY RIGHTS; OR (III)
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR COVER
DAMAGES (INCLUDING LOST PROFITS AND LOST SAVINGS), IN EACH CASE EVEN IF
TYCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY