MRV Communications Americas Inc. 1/18/2017

1/4/2017 Legal Notices-MRV Communications—Empowering the Optical Edge specifically programmed to MRV specifications. MRV does not warrant MRV-branded pluggable transceivers when used in non-MRV products without the prior written consent from MRV. 8. Return Procedures, Products shall be non-returnable except as expressly provided in this Agreement. If returnable, Purchaser shall obtain a return material authorization ("RMA")from MRV prior to any return of a Product. An RMA can be obtained by contacting MRV Service. Purchaser shall return the Products with the RMA form to MRV's repair facility designated in the RMA, freight prepaid within 30 days of receipt of the RMA, with a written statement describing the Defect.Any damage suffered during the shipping of such Product to MRV will be repaired at Purchaser's expense. MRV shall only be obligated under its warranty for Defects which are reproducible by MRV in the execution environment. Except for Products not accompanied by an RMA(which will be returned to Purchaser freight collect), MRV will be responsible for all return shipping costs of repaired or replacement units to Purchaser. Replacement Products will be warranted for the remaining warranty period of the original Product, but not less than 90 days.The aforementioned return procedures do not apply to "sale or return," or similar types of conditional orders in which Purchaser has the option to either keep or return the Product after an initial evaluation period."Sale or return,"or similar types of conditional orders fall outside of the warranties set forth in Section A(6) and are governed by the terms and conditions pursuant to Purchaser's"sale or return;' or similar types of conditional agreement. B. SERVICES ONLY TERMS AND CONDITIONS 1, Term of Services. Subject to product and duration approval, MRV Maintenance and Service Agreements (each, a"Service Agreement") are available for purchase on an annual or multi-year basis. Prior to expiration of an existing Service Agreement, the Purchaser will be given the opportunity to purchase additional coverage extended by way of year-to-year extensions.Such notification in the form of a Service Quotation will be presented to the Purchaser prior to the current Agreement's expiration date. Should the Purchaser accept the terms of the Service Quotation and elect to purchase the extended Service Agreement,the Purchaser will submit a Purchase Order to MRV prior to the expiration date of the Service Agreement currently in effect.The effective date of the extended Service Agreement will be the day after the current Agreement expires. If Purchaser fails to pay the annual Services fees,the applicable Services will automatically terminate without notice. 2. Scope of Services. Purchaser acknowledges and agrees that MRV provides a number of different Service Agreements as part of the Services.A description of the Services provided under each Service Agreement can be found at http://www.mrv.com/service-and--support, MRV will use commercially reasonable efforts to provide the Services under each Service Agreement that Purchaser purchases in a professional and workmanlike manner. MRV will use its best efforts to ensure that all service-related questions and problems are resolved to Purchaser's satisfaction. C.TERMS AND CONDITIONS APPLICABLE TO BOTH PRODUCTS AND SERVICES 1. The price of the Products and Services shall be that set forth in MRV's price list in effect at the time MRV accepts the Purchaser's order, less any applicable discount. Notwithstanding anything to the contrary in a separately written agreement by and between Purchaser and MRV, MRV reserves the right to change its price list without prior notice. Prices do not include freight, insurance or other similar charges. Any such charges will be added to the invoice or separately invoiced to Purchaser, httol/mrv.com/lecal-notices/ 317