Limited Warranty for OpenNMS Hardware

IMPORTANT: By using the OpenNMS hardware, you are agreeing to be bound by the terms of the Limited Warranty for OpenNMS Hardware (“Warranty”) as set forth below.

The Warranty set forth below is given by The OpenNMS Group, Inc (“OpenNMS”) with respect to products that are part of the family of OpenNMS branded network devices running the OpenNMS Minion software (“Appliance” or “Appliances”) as identified in the OpenNMS Commercial Service terms.

Warranty Limitations

To the extent permitted by law, this Warranty and the remedies set forth are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral, written, statutory, express, or implied. OpenNMS specifically disclaims all statutory and implied warranties including, without limitation, warranties of merchantability and fitness for a particular purpose, warranties against hidden or latent defects, and warranties of non-infringement of the Appliance to the extent permitted by law. Insofar as such warranties cannot be disclaimed, OpenNMS hereby limits the duration and remedies of such warranties to the duration of, and remedies under, this express Warranty. Some countries, provinces, states or localities do not allow limitations on how long an implied warranty (or condition) may last, so the limitation above may not apply to you.

What Is Covered By This Warranty?

OpenNMS warrants the Appliance in its original packaging and in new condition, against defects in materials or workmanship when used normally in accordance with OpenNMS’ published guidelines for a period that is the shorter of: (i) three (3) years from the date of original purchase or (ii) a period that is permissible under the laws of the local jurisdiction (“Warranty Period”). OpenNMS’ published guidelines include, but are not limited to, information contained in technical specifications, user manuals, and service communications.

What Is Not Covered By This Warranty?

This Warranty does NOT apply to any non-OpenNMS-branded hardware products or any software, even if packaged and sold with OpenNMS hardware. Software distributed by OpenNMS with or without the OpenNMS brand is not covered by this Warranty. OpenNMS is not responsible for damages or losses arising from failure to follow any and all instructions relating to the use of the Appliance.

This Warranty will not apply to:

(a) Appliances that are not performing properly because they have been damaged by being dropped or crushed or exposed to any adverse conditions (e.g., liquids, smoke, excessive dust, etc.);

(b) Appliances that have been improperly connected to any other device, network or power source that impairs the function of the Appliance;

(c) cosmetic damage including, but not limited to, scratches, dents, and broken plastic on ports;

(d) damage caused by use with another product;

(e) damage caused by improper installation;

(f) damage during shipping;

(g) damage due to natural phenomenon (e.g., lightning);

(h) damage caused by operating the Appliance outside of OpenNMS’ published guidelines;

(i) damage caused by repairs, maintenance, or any service to the Appliance (including

upgrades and expansions) performed by anyone who is not a representative of OpenNMS;

(j) damage caused by abuse, mishandling, and improper packaging by you;

(k) defects caused by normal wear and team or otherwise due to the normal aging of the Appliance.

This Warranty will be immediately voided and cancelled if the Appliance’s identification marks, such as serial numbers, have been altered or removed or if the tamper evident security seal on the device is broken.

Limited Warranty Period

The Warranty Period under this Warranty is the period that is the shorter of: (i) three (3) years from the date of original purchase or (ii) a period that is permissible under the laws of the local jurisdiction.

Any Appliance replaced under warranty will have a warranty period equal to the remaining warranty period of the Appliance that was replaced. Appliances that are defective on arrival are an exception to this rule and they shall have a warranty period of three (3) years starting from three (3) days from the date that a replacement is shipped to you.

Once an Appliance is no longer under warranty, there will be no other warranty on that Appliance, including (i) an implied warranty of merchantability of fitness for a particular purpose, and (ii) any express warranty or guaranty.

Your Responsibilities Under This Warranty

Defective Appliances must be returned pursuant to OpenNMS RMA Process for Appliances. OpenNMS’ return policy requires that you get OpenNMS technical support to confirm that a return is appropriate. Technical Support has sole discretion in determining whether a return is authorized. Before replacing an Appliance under this Warranty, OpenNMS may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow OpenNMS’ procedures for obtaining services under this Warranty. You inability or failure to do these steps will invalidate your claim under this Warranty.

What OpenNMS Will Do To Correct Problems

Warranty service will be limited to the options available in the country (or location) where service is requested. Similarly, response times may vary according to country or location.

Unless otherwise provided under national, state, provincial, or local law, if during the Warranty Period you submit a valid warranty claim to OpenNMS, OpenNMS will, at its sole discretion, replace the Appliance. For warranty service requested outside of the United States, OpenNMS may replace the Appliance and parts with comparable Appliances that comply with local standards.

How You Can Make A Warranty Claim

All issues relating to this Warranty must be raised with OpenNMS Support. An OpenNMS representative will help determine whether your Appliance requires service and, if it does, will inform you how OpenNMS will provide it.

Limitation Of Liability

OpenNMS will not be liable for loss of revenues or profits, inconveniences, expense for substitute equipment or service, storage charges, loss, or corruption of data, or any other special, incidental, or consequential damages caused by the use or misuse of or inability to use an Appliance, regardless of the legal theory on which the claim is based, even if OpenNMS has been advised of the possibility of such damages. In no event will recovery of any kind against OpenNMS be greater in amount than the purchase price of the Appliances sold by OpenNMS for one (1) year prior to the event that gave rise to the claim the recovery is based upon.

Without limiting the foregoing, you assume all risk and liability for loss, damage, or injury to you and your property and to others and their property arising out of the use or misuse of, or inability to use Appliance not caused directly by the negligence of OpenNMS.

General

This Warranty will not be extended to anyone else after you sell or trade in the Appliance. You may transfer an Appliance if such transfer is to an affiliate; related party; or by assignment of all or substantially all of your business..

Violations of any export restriction arising out of any governmental action, law, regulation, or ruling will also void the warranty.

No OpenNMS reseller, agent, or employee is authorized to make any modifications, extension, or addition to this Warranty. If the term of this Warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed and construed under the laws of the country in which the Appliance purchase took place. OpenNMS or its successor in title is the warrantor under this Warranty.