Limited Hardware Warranty
A10 Networks, Inc. (“A10”) provides a Standard 90-day (ninety day) limited product hardware warranty to purchasers of A10 products. A10 warrants that the product hardware will be free from defects in materials and workmanship that result in a material deviation from the applicable published A10 technical specifications (“Hardware System Failure”). Unless a Support Service Program has been purchased upon a Hardware System Failure, A10 will repair or replace such product hardware within 10 working days of its receipt of the failed hardware, if in advance of its receipt, such hardware (1) was evaluated by A10 Technical Support in person or via telephone, and (2) received a Technical Support RMA number from A10. Further, the product hardware must be shipped, shipment pre-paid, to A10, and the RMA number must be clearly indicated on the shipping box and papers. Purchasing a Support Service Program will extend the Limited Standard Hardware Warranty to the length of the Support Service Program purchased.
Limited Software Warranty
A10 provides a Standard 90-day (ninety day) limited software warranty to licensees of A10 software accompanying A10 hardware or licensed separately. A10 warrants that the media on which the software is delivered will be free of defects in material and workmanship for a period of ninety (90) days following delivery of the software to licensee. A10 warrants that the software, when used in accordance with the terms of the A10 software license, will operate substantially as set forth in the applicable A10 Documentation for a period of ninety (90) days following delivery of the software to licensee. Purchasing a Support Service Program will extend the Limited Standard Software Warranty to the length of the Support Service Program purchased.
A10 Networks’ warranties as set forth herein (“Warranty”) are contingent on proper use of the A10 hardware and software (“Products”) and do not apply if the products have been modified without A10’s written approval, or if the Products’ serial number label is removed, or if the Product has been opened or damaged. The terms of the Warranty are limited to the remedies as set forth in this Warranty.
THIS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER RIGHTS, CONDITIONS AND WARRANTIES. A10 MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE SOFTWARE, HARDWARE, PRODUCTS, DOCUMENTATION OR A10 SUPPORT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. A10 DOES NOT WARRANT THAT ANY PRODUCTS WILL BE ERROR-FREE, OR THAT ANY DEFECTS THAT MAY EXIST IN ITS PRODUCTS CAN BE CORRECTED. IN NO EVENT SHALL A10 BE LIABLE FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOST PROFITS OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), HOWEVER CAUSED WHETHER OR NOT A10 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.