Common use of SSI Clause in Contracts

SSI. SSI and its Subsidiaries will cooperate with and provide information to StorageTek and its Subsidiaries as reasonably requested by StorageTek and its Subsidiaries, or as is otherwise necessary, from time to time for the purpose of StorageTek's and its Subsidiaries' compliance with Section 12.1. In the event SSI or its Subsidiaries exports Co-branded Products, SSI and its Subsidiaries shall comply, and will cause its Subsidiaries, to comply, with all U.S. export regulations applicable to the Co-branded Products and this Agreement, including the Export Administration Regulations administered by the U.S. Department of Commerce and the International Traffic in Arms Regulations administered by the U.S. Department of State. 13 WARRANTIES AND WARRANTY DISCLAIMERS 13.1 Hardware and Firmware Warranty. SSI warrants that all Hardware and Firmware will be free from defects in workmanship and materials and will conform to the Specifications for the warranty period as described below. This warranty does not apply to any Hardware and Firmware that has been misused (including static discharge, improper installation, repair or accident), neglected or modified without SSI's express prior written consent. SSI's sole obligation to StorageTek and its Subsidiaries for Hardware or Firmware failing to meet this warranty is, at SSI's sole discretion, to replace or repair the Hardware and Firmware; or, if SSI or its Subsidiaries are not reasonably able to repair or replace the defective Hardware or Firmware within [*] after escalation to Level 3 Support, then SSI or its Subsidiary shall refund the purchase price of the defective Hardware or Firmware. The foregoing remedies are conditioned upon: (a) SSI or its Subsidiary receiving written notice of the warranty claim within the applicable warranty period specified below; (b) after SSI's or its applicable Subsidiary's written authorization pursuant to the RMA process set forth in Section 13.6, the Hardware and its related Firmware, if any, having been returned to SSI, or the applicable Subsidiary of SSI, freight prepaid; and (c) SSI or the applicable Subsidiary of SSI, having determined the Hardware or Firmware to be defective. This subparagraph (c) does not apply in those cases where repair or replacement has already been escalated to Level 3 Support. SSI similarly warrants any replacement or repaired Hardware or Firmware provided pursuant to this Section 13.1 but only for the unexpired term of the warranty applicable to the original Hardware or Firmware that was repaired or replaced. For Hardware and Firmware, SSI shall provide a [*] warranty period from date of delivery for the Hardware and Firmware, except cache memory batteries and SATA drives. Cache memory batteries included in the Hardware and Firmware are warranted for a [*] warranty period commencing on the date of delivery. SSI warrants SATA drives for a [*] warranty period commencing on the date of delivery. SSI and its Subsidiaries similarly warrant that the Spare Parts shall be free from defects in workmanship, and once installed will not cause the Hardware and Firmware to fail to meet the warranty set forth above. Spare Parts to be installed as replacements for defective parts in Co-branded Products that are under warranty shall be warranted for the greater of: (i) their remaining term of the warranty for such Co-branded Product; or (ii) [*] from delivery; and Spare Parts for out-of-warranty Co-branded Products shall be warranted for [*] from delivery.

SSI. SSI and its Subsidiaries will cooperate with and provide information to StorageTek and its Subsidiaries as reasonably requested by StorageTek and its Subsidiaries, or as is otherwise necessary, from time to time for the purpose of StorageTek's and its Subsidiaries' compliance with Section 12.1. In the event SSI or its Subsidiaries exports Co-branded Products, SSI and its Subsidiaries shall comply, and will cause its Subsidiaries, to comply, with all U.S. export regulations applicable to the Co-branded Products and this Agreement, including the Export Administration Regulations administered by the U.S. Department of Commerce and the International Traffic in Arms Regulations administered by the U.S. Department of State. 13 WARRANTIES AND WARRANTY DISCLAIMERS 13.1 Hardware and Firmware Warranty. SSI warrants that all Hardware and Firmware will be free from defects in workmanship and materials and will conform to the Specifications for the warranty period as described below. This warranty does not apply to any Hardware and Firmware that has been misused (including static discharge, improper installation, repair or accident), neglected or modified without SSI's express prior written consent. SSI's sole obligation to StorageTek and its Subsidiaries for Hardware or Firmware failing to meet this warranty is, at SSI's sole discretion, to replace or repair the Hardware and Firmware; or, if SSI or its Subsidiaries are not reasonably able to repair or replace the defective Hardware or Firmware within [*] after escalation to Level 3 Support, then SSI or its Subsidiary shall refund the purchase price of the defective Hardware or Firmware. The foregoing remedies are conditioned upon: (a) SSI or its Subsidiary receiving written notice of the warranty claim within the applicable warranty period specified below; (b) after SSI's or its applicable Subsidiary's written authorization pursuant to the RMA process set forth in Section 13.6, the Hardware and its related Firmware, if any, having been returned to SSI, or the applicable Subsidiary of SSI, freight prepaid; and (c) SSI or the applicable Subsidiary of SSI, having determined the Hardware or Firmware to be defective. This subparagraph (c) does not apply in those cases where repair or replacement has already been escalated to Level 3 Support. SSI similarly warrants any 16 replacement or repaired Hardware or Firmware provided pursuant to this Section 13.1 but only for the unexpired term of the warranty applicable to the original Hardware or Firmware that was repaired or replaced. For Hardware and Firmware, SSI shall provide a [*] warranty period from date of delivery for the Hardware and Firmware, except cache memory batteries and SATA drives. Cache memory batteries included in the Hardware and Firmware are warranted for a [*] warranty period commencing on the date of delivery. SSI warrants SATA drives for a [*] warranty period commencing on the date of delivery. SSI and its Subsidiaries similarly warrant that the Spare Parts shall be free from defects in workmanship, and once installed will not cause the Hardware and Firmware to fail to meet the warranty set forth above. Spare Parts to be installed as replacements for defective parts in Co-branded Products that are under warranty shall be warranted for the greater of: (i) their remaining term of the warranty for such Co-branded Product; or (ii) [*] from delivery; and Spare Parts for out-of-warranty Co-branded Products shall be warranted for [*] from delivery.