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1/4/2017 Legal Notices-MRV Communications—Empowering the Optical Edge <br /> Partners Support Resources Blog Contact <br /> am Rif <br /> Solutions Products Investors New <br /> Legal Notices <br /> Home / Legal Notices <br /> TERMS AND CONDITIONS OF SALE AND SERVICE <br /> CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT BETWEEN YOU AND MRV COMMUNICATIONS, <br /> INC. ("MRV"), IF YOU ARE PURCHASING PRODUCT AND/OR SERVICES FOR DELIVERY OR <br /> PERFORMANCE WITHIN EUROPE,THE MIDDLE EAST AND AFRICA, MRV INTERNATIONAL LTD. SHALL <br /> ALSO BE DEEMED A PARTY TO THIS LEGAL AGREEMENT. MRV Communications, Inc. , MRV <br /> Communications Americas, Inc, , MRV Communications Ltd and MRV International Ltd. shall be <br /> collectively referred to as "MRV" for purposes of this Agreement; By (a) purchasing or using MRV's <br /> products, including hardware products with embedded software or software products (the "Software") <br /> and documentation relating delivered therewith (each, a"Product"), or any updates or upgrades thereto <br /> and/or(b) purchasing an MRV Maintenance and Services Agreement for a Product(the "Services"), <br /> Purchaser will be bound by and become a party to these Terms and Conditions of Sale and Services (the <br /> "Agreement"). MRV shall not be bound by any additional, inconsistent and/or conflicting provisions in <br /> any order, release, acceptance or other written correspondence from Purchaser unless expressly agreed <br /> to in writing by MRV. Orders for Products and orders for Services shall be deemed separate contracts <br /> for the purpose of these terms and conditions. MRV's failure to object to terms contained in a <br /> Purchaser purchase order(or any other communication from Purchaser)shall not be deemed a waiver <br /> of these terms or any acceptance of the terms contained in Purchaser's purchase order. <br /> A. PRODUCT ONLY TERMS AND CONDITIONS <br /> 1. Security Interest. Purchaser will grant a security interest in the Products sold under this Agreement <br /> and the proceeds thereof until payment of the full purchase price to MRV. Purchaser agrees to <br /> execute any financing statements or other documents as MRV requests to protect its security <br /> interest. <br /> 2. Shipment of Products. MRV will use commercially reasonable efforts to ship the Products at the <br /> times requested in purchase orders accepted by MRV (in partial or full shipments); provided, that <br /> shipment may be delayed without liability of MRV for reasons beyond MRV's reasonable control. <br /> MRV reserves the right to make deliveries in installments and this Agreement shall be severable as <br /> to any such installments.Without liability to any person and without prejudice to any other remedy, <br /> MRV may withhold or delay shipment of any order if Purchaser is late in payment or are otherwise in <br /> default under this Agreement. <br /> httr.iImr,,corn/IPnal-nntirnc/ 1/7 <br />