Limited Warranty

iwNetworks warrants that for a period of three (3) years from ship date, the iwNetworks hardware purchased by customer will be free of defects in material and workmanship under normal authorized use consistent with the products instructions. This warranty shall not be applied to any of the Products which have been subjected to misuse, neglect, accident, or improper installation or testing, nor to any of the Products which has been altered or modified without authorization of iwNetworks.

Restrictions

Unauthorized installation, alterations, upgrades, repairs, modifications, misuse or abuse of the Products shall automatically render this limited warranty null, void and unenforceable. iwNetworks is not responsible for any failure or improper operation of the Products caused by improper or unauthorized installation, use, modification, upgrade or repair, or misuse or abuse, by Purchaser or any third party. ANY AND ALL WARRANTIES PROVIDED IN THIS SECTION ARE MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED.

In the event that iwNetworks assembles or installs third party component parts and software produced by third party manufacturers; IWNETWORKS MAKES NO REPRESENTATIONS AND WARRANTIES REGARDING INDIVIDUAL THIRD PARTY COMPONENTS AND SOFTWARE AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OF INDIVIDUAL THIRD PARTY COMPONENTS AND SOFTWARE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT AND THAT THE PRODUCTS WILL BE FREE OF MATERIAL DEFECTS, VIRUSES OR OTHER HARMFUL ELEMENTS. IWNETWORKS SHALL NOT BE LIABLE FOR ANY INABILITY OR FAILURE ON THE PART OF THIRD PARTY COMPONENT AND SOFTWARE MANUFACTURERS TO OFFER OR HONOR COMPONENT OR SOFTWARE WARRANTIES, IF ANY.

iwNetworks does not represent or warrant that the Products will meet or exceed any benchmarks, performance measures, yardsticks, intended purpose or use requirements, including thermal, acoustic, mechanical or electrical specifications or characteristics. iwNetworks does not represent or warrant that the Products will be compatible or interoperable with software, hardware, computer operating systems, databases and applications not developed by iwNetworks.

It is the sole responsibility of Purchaser to determine whether or not the Products will meet Purchaser’s specifications and/or requirements. Purchaser acknowledges and agrees that it will not rely on the advice of iwNetworks or its representatives regarding Products for any purpose.

Hardware Return Procedures:

Defective items may be returned provided they are accompanied by a return material authorization (RMA) number issued by iwNetworks personnel. Customers may obtain an RMA number by contacting iwNetworks technical support group either online, by telephone or fax, under the terms of this warranty. The returned material should be shipped in its original packaging; the RMA number must be included on the outside carton label of the returned item. Transportation costs incurred in connection with defective material returned to iwNetworks will be borne by the customer. iwNetworks will pay any reasonable transportation costs incurred for the redelivery of a repaired or replaced item. If iwNetworks determines that the material in question is not covered by the terms of the warranty provided, or the claim is made after the warranty period has expired, the cost of repair by iwnetworks, including all shipping costs will be paid by the customer.

Limitation of Liability

IN NO EVENT WILL IWNETWORKS OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, INTERUPTION OF BUSINEEE, LOST PROFITS, LOST DATA OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) , STRICT LIABILITY OR OTHEWISE, EVEN IF IWNETWORKS OR ITS AFFILIATE OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT ANY REMEDY PROVIDED SHOULD FAIL OF ITS ESSENTIAL PURPOSE. THE TOTAL CUMULATIVE LIABILITY TO CUSTOMER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT PAID BY THE CUSTOMER. IN ADDITION, IWNETWORKS SHALL NOT BE LIABLE FOR CUSTOMER’S OR ANY THIRD PARTY’S SOFTWARE, FIRMWARE, INFORMATION, OR MEMORY DATA CONTAINED IN, SORTED ON, OR INTEGRATED WITH ANY PRODUCT RETURNED TO IWNETWORKS, WHETHER UNDER WARRANTY OR NOT.