Limited Warranty - Arista Networks

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Limited WarrantyThe following terms and conditions govern the Limited Warrantyfor Hardware and Software products (collectively, “Products”)provided by Arista Networks, Inc. (“Arista”) or the Arista affiliatethat is the contracting party. This Limited Warranty extends onlyto the original purchaser of a Product (“Customer”) and iseffective as of the date of purchase of such Product. For futurepurchases, please consult this page for current warrantyinformation, as this Limited Warranty may be updated by Aristafrom time to time. To insure you receive up-to-date informationand notices, please register your Product with Arista.Limited Warranty Start Date“Start Date” as used in this policy means the date when theArista Product is shipped from Arista’s facilities or from anauthorized Arista reseller to the Customer.Limited Hardware Warranty“Warranty Period” as used in this policy means a period of one(1) year from the Start Date with respect to Arista hardware.Any Software embedded in the Arista hardware is subject to theLimited Software Warranty set forth below.Arista warrants that for the applicable Warranty Period, the Aristahardware purchased by Customer (“Hardware”) shall be free ofdefects in material and workmanship under normal authorizeduse consistent with the Product instructions. In the event thatArista receives notice during the Warranty Period that anyHardware does not conform to this Limited Warranty, Customer’ssole and exclusive remedy, and Arista’s sole and exclusiveliability, shall be for Arista, at its sole option, to: (1) repair theHardware at no charge, using new or refurbished replacementparts; (2) exchange the Hardware with new or refurbishedHardware; or (3) refund the purchase price of the Hardware.Arista’s obligations hereunder are conditioned upon Customer’sreturn of the Hardware (other than the Arista Access Point) toArista in accordance with the terms of this Limited Warranty.Arista will use commercially reasonable efforts to ship anyreplacement Hardware within ten (10) working days after Arista’s2018-101

receipt of the non-conforming Hardware. Actual delivery timesmay vary depending on Customer location. In order for theArista Access Point hardware to be eligible for this LimitedWarranty, the End User must have purchased and continuouslymaintained, without interruption, an Arista cloud managed WiFisubscription or Arista on premise maintenance.Limited Software WarrantySubject to the terms of Arista’s End User License Agreement,Arista warrants for a period of 90 days from the Start Date that:(i) the media on which the Software is delivered will be free ofdefects in material and workmanship under normal authorizeduse consistent with the Product instructions; and (ii) theSoftware will perform substantially in accordance with Arista’sstandard specifications. Arista does not warrant that theSoftware will operate uninterrupted or error-free. In the eventthat Arista receives notice during the warranty period forSoftware that any Software does not conform to this LimitedWarranty, Customer’s sole and exclusive remedy, and Arista’ssole and exclusive liability, shall be: (1) for Arista to replace thedefective media; or (2) for Arista, at its sole option, to repair,replace or refund the Fees paid for such Software. Arista’sobligations hereunder are conditioned upon Customer’scompliance with the terms of Arista’s End User LicenseAgreement. For purposes of this Limited Warranty, “Software”means any Arista software embedded in or installed on anyHardware when delivered to Customer, or any Arista softwareidentified in a Purchase Order, invoice or proof of entitlementissued by Arista. With respect to any Software that is notshipped from Arista’s facilities or from an authorized Aristareseller to the Customer, the “Start Date” shall mean the datewhen the Customer is granted access to the Software on theArista website.RestrictionsThis Limited Warranty shall not apply if the Hardware orSoftware: (i) has been altered, except by Arista; (ii) has notbeen installed, operated, repaired, or maintained in accordancewith instructions supplied by Arista; or (iii) has been subjected to2018-102

unreasonable physical, thermal or electrical stress, misuse,contamination, negligence, or accident. In addition, the AristaHardware and Software are not designed or intended for use in(i) the design, construction, operation or maintenance of anynuclear facility, (ii) navigating or operating aircraft; or (iii) anylife-saving, life-support or life-critical medical equipment, andArista disclaims any express or implied warranty of fitness forsuch uses. Customer is solely responsible for assessing thesuitability of the Product for use in particular applications andbacking up its programs and data to protect against loss orcorruption. Arista’s warranty obligations do not includeinstallation support. No one is authorized to make any statementor representation altering the terms of this Limited Warranty.Hardware Replacement ProcessAny defective Hardware can only be replaced if it references areturn material authorization (“RMA”) number issued byauthorized Arista service personnel. To request an RMA number,Customer must contact Arista Technical Assistance Center(“Arista TAC”) by sending an email to support@arista.com thatincludes the serial number of the Hardware, date when theHardware was purchased, and a description of the problem.Arista TAC will only assist Customer with RMA processingpursuant to the terms of this Limited Warranty and will notprovide any troubleshooting, configuration or installationassistance. Telephone calls to Arista TAC will not be acceptedafter the expiration of the Limited Warranty period unless theCustomer has purchased a valid service contract that is in effectas of the time of the call. The RMA number must be included onthe outside carton label of the returned Hardware. Transportationcosts, if any, incurred in connection with the return of a defectiveHardware to an Arista repair center shall be borne by Customer.Arista shall pay any transportation costs incurred with theredelivery of a repaired or replaced Hardware. If, however, Aristareasonably determines that the returned Hardware is functional,the Customer shall pay any transportation cost. If Aristadetermines, at its sole discretion, that the allegedly defectiveHardware is not covered by Arista’s Limited Warranty, the cost ofrepair by Arista, including all shipping expenses, shall be paid byCustomer. Customer is responsible for backing up and saving2018-103

any data, software, firmware or other information embedded inor saved on any returned Hardware, and Arista will not restore,save or return any such data, software, firmware or otherinformation with any repaired or replaced Hardware.Notwithstanding the foregoing, no return is required for an AristaAccess Point. If Arista determines that an Arista Access Point isdefective, a replacement unit will be provided pursuant to theterms of this Limited Warranty, and the defective Access Pointwill be de-provisioned and unable to operate as soon as Aristadecides to provide a replacement unit for the Access Point. ThisLimited Warranty only covers Access Points manufactured by anauthorized Arista manufacturer and sold by Arista’s distributorsand resellers.Dead on Arrival (“DOA”)Subject to Arista’s Hardware Replacement Process, Arista willprovide Customer with a new Hardware Product directly from itsmanufacturing facilities should Customer receive a HardwareProduct Arista determines to be Dead on Arrival (“DOA”). Underthis policy, a Hardware Product is DOA if it does not operate atinitial power up. For Hardware Products to qualify as DOA anRMA request must be submitted within thirty (30) days of suchHardware Products initial shipment from Arista’s direct fulfillmentfacilities. After Arista’s determination the Hardware Product isDOA, Arista will ship a replacement Hardware Product as soon aspracticable, taking into account inventory availability and theapplicable Hardware Product’s lead-time. As replacementProducts will ship new from Arista’s manufacturing facilities,customer should allow for additional transit time due tointernational customs clearance, where applicable. Customermust return the DOA Hardware Product within one (1) month ofArista TAC issuing an RMA for such DOA Hardware Product. IfCustomer fails to return such DOA Hardware Product within one(1) month, Arista may invoice Customer for the full price of theHardware Product and Customer will pay such invoice withinthirty (30) days of receipt of such invoice.DisclaimerEXCEPT AS EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY,2018-104

ALL EXPRESS OR IMPLIED REPRESENTATIONS ANDWARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIEDWARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE OR MEETING CUSTOMER’S REQUIREMENTS,NONINFRINGEMENT OF ANY THIRD PARTY’S INTELLECTUALPROPERTY RIGHTS, COMPATIBILITY OR INTEROPERABILITYWITH ANY HARDWARE, SOFTWARE, SYSTEMS OR DATA NOTPROVIDED BY ARISTA, SATISFACTORY QUALITY, OR FREEDOMFROM INTERRUPTION OR ERROR, ARE HEREBY DISCLAIMED ANDEXCLUDED TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW. ARISTA DISCLAIMS ANY WARRANTY,REPRESENTATION OR ASSURANCE THAT THE PRODUCT WILLOPERATE WITHOUT ERROR OR INTERRUPTION, OR WILL BEFREE OF VULNERABILITY TO INTRUSION OR ATTACK. ANYPRODUCTS LICENSED OR PROVIDED UNDER AN EVALUATIONLICENSE, ANY PRODUCTS PROVIDED WITHOUT CHARGING ANYFEE, ANY MODIFIED PRODUCTS AND ANY THIRD PARTYPRODUCTS ARE FURNISHED “AS IS,” WITH ALL FAULTS ANDWITHOUT WARRANTY OF ANY KIND WHATSOEVER, EXPRESS ORIMPLIED. CUSTOMER MAY NOT MAKE A WARRANTY CLAIMAFTER EXPIRATION OF THE WARRANTY PERIOD. TO THEEXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCHWARRANTY IS LIMITED IN DURATION TO THE WARRANTYPERIOD OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTEDBY LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOTALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTYLASTS, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS,AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS, WHICH VARYFROM JURISDICTION TO JURISDICTION.Limitation of LiabilityIN NO EVENT WILL ARISTA OR ITS DIRECTORS, OFFICERS,EMPLOYEES, AFFILIATES, SUPPLIERS, MANUFACTURERS,RESELLERS, DISTRIBUTORS OR LICENSORS BE LIABLE FOR ANYLOST REVENUE OR PROFIT, LOSS OF DATA, LOSS OF USE,INTERRUPTION OF BUSINESS, COSTS OF PROCUREMENT OFSUBSTITUTE GOODS, OR FOR SPECIAL, INDIRECT,CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES,HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF2018-105

LIABILITY, ARISING OUT OF OR RELATED TO THIS LIMITEDWARRANTY OR THE USE OF OR INABILITY TO USE ANYPRODUCT, EVEN IF ARISTA OR ITS DIRECTORS, OFFICERS,EMPLOYEES, AFFILIATES, SUPPLIERS, MANUFACTURERS,RESELLERS, DISTRIBUTORS OR LICENSORS HAVE BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NOEVENT SHALL THE CUMULATIVE LIABILITY OF ARISTA, ITSDIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUPPLIERS,MANUFACTURERS, RESELLERS, DISTRIBUTORS OR LICENSORSTO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING,WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OROTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID TO ARISTABY CUSTOMER FOR THE PRODUCT THAT IS THE SUBJECT OFSUCH CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY EVENIF THE ABOVE-STATED LIMITED WARRANTY FAILS OF ITSESSENTIAL PURPOSE. BECAUSE SOME STATES ORJURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OFCONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVELIMITATION MAY NOT APPLY TO CUSTOMER. IN SUCH A CASETHE FOREGOING LIMITATION WILL BE APPLIED TO THEGREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLELAW.2018-106

Customer must contact Arista Technical Assistance Center ("Arista TAC") by sending an email to support@arista.com that includes the serial number of the Hardware, date when the Hardware was purchased, and a description of the problem. Arista TAC will only assist Customer with RMA processing