Limited Warranty Terms

Software Warranty. Cambex provides the following warranties to its customers for its Dynamic Path Failover software ("Software"). Cambex warrants that commencing from the date of shipment to Customer and continuing for a period of ninety (90) days: (a) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (b) the Software substantially conforms to its published specifications. The date of shipment of Software by Cambex is set forth on the packaging material in which the Product is shipped. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to the Customer who is the original licensee. Customer's sole and exclusive remedy and the entire liability of Cambex and its suppliers and licensors under this limited warranty will be, at Cambex's option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to Cambex or the party supplying the Software to Customer. In no event does Cambex warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. Cambex does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.

Remedies. As Customer's exclusive remedy and Cambex's sole liability for breach of the foregoing warranties, Cambex shall, at its option, either repair or replace the defective Software, or, if Cambex is unable to accomplish repair or replacement after good-faith efforts, credit Customer's account with an amount equal to the price paid for the defective Software.

Warranty Claims. All warranty claims will be subject to verification by Cambex and to the terms of Cambex's then-current repair service policy and procedures. Unless otherwise directed by Cambex, Software returned for warranty verification shall be authorized by Cambex in advance, Software returned for warranty verification will be shipped prepaid and insured and shall be accompanied by a detailed description of the alleged defect. If the claimed defect or non-conformity is verified, Cambex will, at its expense, provide a remedy as stated above.

Exclusions. The above warranties do not cover and Cambex shall not be liable for any conditions attributable to (1) misuse, faulty installation, misapplication, normal wear and tear, extreme environmental conditions, lack of compliance with applicable instructions, inadequate or improper maintenance, negligence, accident, tampering, substitution of inferior quality component parts; or (2) the incompatibility, improper design, manufacture, installation, operation or maintenance of products, accessories, equipment or materials not supplied by Cambex.

Exclusive Warranties. The foregoing warranties are the only warranties made by Cambex to Customer (or any other party). Cambex may modify its warranty at any time. Warranties may be posted on the Cambex website. CAMBEX EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, AND ANY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, TRADE USAGE, OR COURSE OF DEALING. No person, agent, or representative is authorized to give any additional warranty on behalf of Cambex.

Technical Advice. Any technical advice, recommendations, samples, lab tests, and/or demonstrations provided by Cambex (or its representatives) concerning the use, application, or compatibility of any products or materials are provided by Cambex solely for the purpose of assisting the Customer to evaluate, at its own risk, the suitability of the Software for the Customer's intended use. Cambex recommends that the Customer make its own tests to determine such suitability. No such advice, recommendations, samples, lab tests and/or demonstrations provided by Cambex shall be construed as an express or implied warranty.

Limitations and Disclaimers. The above remedies are the only remedies available to Customer (or any other party) for breach of warranty, breach of contract, or any other Cambex liabilities associated with the Software furnished hereunder, including product liabilities based on negligence, failure to warn, or strict liability. UNDER NO CIRCUMSTANCES WILL CAMBEX HAVE ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS, EVEN IF CAMBEX HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. In no case shall Cambex's liability exceed the amount of the purchase price of any defective products and defective services. In no case shall Cambex have any liability for Software for which Cambex has not received payment when due. The exclusive remedies described above shall not be deemed to fail of their essential purpose so long as Cambex is willing and able to refund the purchase price for the defective or non-conforming portion of the provided products. No person, agent, or representative is authorized to give any other remedies on behalf of Cambex or to assume for Cambex any other liabilities in connection with this Agreement or any products sold by Cambex.