Standard Limited Warranty

TOSHIBA AMERICA INFORMATION SYSTEMS, INC.

NETWORK PRODUCTS DIVISION

FOR THE UNITED STATES AND CANADA

What are the terms and duration of this Limited Warranty?

Toshiba America Information Systems, Inc.(“TAIS”) warrants to the first end-user customer that this Toshiba DOCSIS PCX5000 (“Product”) will substantially comply with manufacturer’s published specifications under normal use for a period of three (3) years from date of purchase when purchased new from TAIS or a TAIS authorized reseller in the United States of America or Canada. After three

(3) years, this Limited Warranty shall be void.

If this Product fails to perform as warranted during the warranty period, TAIS will at its option repair or replace the Product at no expense to you, except as provided below. During the warranty period, TAIS will repair or replace defective Product or parts with new or reconditioned Product or parts at its option. All repair or replacement of the Product must be performed by TAIS or a TAIS Authorized Service Provider. Reconditioned Product or parts will be equal in performance to the original Product or parts. All original Products or parts replaced by TAIS become property of TAIS. Any replaced or repaired Product or part is warranted under the same terms as this Limited Warranty for a period of ninety (90) days after the date of repair or replacement, or for the remainder of the initial warranty period, whichever is longer.

What is not covered by this Limited Warranty?

This Limited Warranty DOES NOT INCLUDE repair or replacement to correct any damage caused by improper installation or maintenance, improper connection with any device, external electrical fault, accident, disaster, misuse, abuse, modification to the Product not approved in writing by TAIS, service other than by TAIS or a TAIS Authorized Service Provider, or any other cause outside normal usage parameters. TAIS shall not be responsible for damage to or loss of any programs or data, or the costs of recovering such programs or data. This Limited Warranty is valid only in the United States and Canada. You are responsible for payment, at current rates, for any repair or replacement not covered under this Limited Warranty.

How do I obtain warranty service?

In order to receive warranty service, you must contact TAIS at the number below within thirty (30) days after discovering that the Product does not comply with its specifications.

Product proof of purchase may be required in order to validate warranty eligibility. If the Product requires service, you will be given a return authorization number and instructions for shipping the Product to TAIS or the location of the nearest TAIS Authorized Service Provider. You must pre-pay all transportation, taxes, duties and insurance charges incurred for shipment to TAIS or an Authorized Service Provider, and properly pack the Product for shipment in the original packaging or equivalent. You will not be reimbursed for these expenses. If the Product is not insured, and the Product is lost or damaged during transit, you are responsible for such loss or damage.

Disclaimer and Limitation of Remedy

ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. TAIS EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED ABOVE. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE TERM OF THIS LIMITED WARRANTY. SOME STATES OR PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF THE PRODUCT DOES NOT PERFORM AS WARRANTED, THE SOLE AND EXCLUSIVE REMEDY SHALL BE REPAIR OR REPLACEMENT. IN NO EVENT SHALL TAIS, TOSHIBA CORPORATION, OR ANY DEALER, DISTRIBUTOR OR AUTHORIZED SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT. THIS LIMITATION APPLIES TO DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT DAMAGES, LOST PROFITS, LOST SAVINGS, LOST DATA, OR OTHER SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER FOR BREA CH OF CONTRACT, TORT OR OTHERWISE, OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF TAIS, TOSHIBA CORPORATION, OR ANY DEALER, DISTRIBUTOR OR AUTHORIZED SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND FROM PROVINCE TO PROVINCE.

TOSHIBA AMERICA INFORMATION SYSTEMS, INC.

Network Products Division

9740 Irvine Boulevard

Irvine, California 92618-1697

USA

Phone number: (949) 583-3223