Airlink X EV-DO Warranty Conditions

Raven X EV-DO for Verizon - User Guide, version 2.34 126

Warranty Conditions

If under normal use the Software and/or Hardware (collectively, the "Products") prove to have any

such defect and the Customer notifies AirLink of such defect within the warranty period, AirLink,

at its option, will either repair or replace the same without charge. The warranty does not apply if

the serial number label or any warranty voiding label has been removed or if the Product has been

subjected to physical abuse, improper installation, or modification not authorized by AirLink, or if

the Product was used in a manner for which it was not intended. Products will be accepted for

repair or replacement upon written authorization and in accordance with instructions of AirLink.

Customer will obtain a Return Material Authorization ("RMA") number from AirLink's Customer

Support, fill out an RMA submission form, and enclose it with the product. Transportation

expenses associated with returning such Products to AirLink will be borne by Customer. AirLink

will pay the costs of return transportation of the repaired or replaced Products. Please contact Air-

Link's support group via email at support@airlink.com or telephone at 510-781-9760 to obtain an

RMA number. Products deemed by AirLink to be DOA (dead on arrival) may be returned to Air-

Link for repair, at AirLink's expense, using the standard RMA procedures.

THE WARRANTIES SET FORTH ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES OF

ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES

AS TO CONDITION, DESCRIPTION, MERCHANTABILITY, NONINFRINGEMENT OR FIT-

NESS FOR A PARTICULAR PURPOSE. AIRLINK AUTHORIZED DEALER'S OR CUS-

TOMER'S SOLE AND EXCLUSIVE REMEDY WILL BE AIRLINK'S OBLIGATION TO

REPAIR OR REPLACE AS SET FORTH ABOVE. THIS WARRANTY DOES NOT COVER

PRODUCTS THAT DO NOT CONFORM TO SPECIFICATIONS BECAUSE OF ACCIDENT,

ALTERATIONS, FAILURE TO FOLLOW INSTRUCTIONS, USE OUTSIDE THE SCOPE OF

ANY OTHER PROVIDED DOCUMENTATION (E.G., USER GUIDE, INSTALLATION

GUIDE, QUICK START GUIDE), MISUSE, ABUSE, NEGLECT, FIRE, FLOOD OR ACTS OF

GOD.

AIRLINK WILL IN NO EVENT BE LIABLE TO CUSTOMER OR TO ANY OTHER ENTITY

WHICH PURCHASES FROM AIRLINK OR USES ANY PRODUCTS SUPPLIED UNDER

THIS AGREEMENT FOR ANY CLAIM FOR INDIRECT, SPECIAL, RELIANCE, INCIDEN-

TAL OR CONSEQUENTIAL LOSSES, DAMAGES OR EXPENSES ARISING OUT OF THIS

AGREEMENT OR ANY OBLIGATION RESULTING THEREFROM FOR THE USE OR PER-

FORMANCE OF THE PRODUCTS, WHETHER IN AN ACTION BASED ON BREACH OF

WARRANTY (EXPRESS OR IMPLIED), BREACH OF CONTRACT, DELAY NEGLIGENCE,

STRICT TORT LIABILITY OR OTHERWISE. AIRLINK'S ENTIRE LIABILITY FOR ANY

CLAIM ARISING FROM ANY CAUSE WHATSOEVER, WHETHER FOR PRODUCTS

DELIVERED OR NOT DELIVERED, INCLUDING BUT NOT LIMITED TO THE MANUFAC-

TURE, SALE, DELIVERY, RESALE, RE PAIR IN OR OUT OF WARRANTY, USE OR INABIL-

ITY TO USE ANY PRODUCTS, EITHER SEPARATELY OR IN COMBINATION WITH ANY

OTHER GOODS OR EQUIPMENT, WILL IN NO EVENT EXCEED THE LOWER OF THE

REPAIR OR REPLACEMENT COST OR PURCHASE PRICE OF THE PRODUCT WHICH