Exalt Installation and Management Guide
EX-r Series GigE Digital Microwave Radios
201872-003
112
2015-10-23
END USER AGREEMENT
( including Limited Hardw are Warranty, Softw are License and RMA Procedure)
THIS IS AN AGREEM ENT BETW EEN YOU (AS ORIGINAL END USER PURCHASER OF AN EXALT PRODUCT)
AND EXALT W IRELESS, INC. ("EXALT"). THE END USER AGREEM ENT APPLICABLE TO YOUR EXALT
PRODUCT IS THE END USER AGREEM ENT THAT IS PRE-LOADED ON THE EXALT PRODUCT, OR IF NONE IS
PRE-LOADED, IT IS THE END USER AGREEM ENT AVAILABLE ON THE EXALT W EBSITE @
ON THE DATE OF YOUR PURCHASE OF THE EXALT PRODUCT OR
OTHERW ISE DIRECTLY AVAILABLE FROM EXALT UPON REQUEST. BY ACCEPTING THIS AGREEM ENT OR
BY USING THE EXALT PRODUCT W ITH OR FOR W HICH THIS AGREEM ENT IS PROVIDED ("PRODUCT"),
YOU ARE AGREEING TO ALL OF THE BELOW TERM S AND CONDITIONS. IF YOU DO NOT AGREE W ITH
THESE TERM S AND CONDITIONS, YOU SHOULD NOT USE THE PRODUCT AND PROM PTLY RETURN IT TO
YOUR PLACE OF PURCHASE FOR A REFUND. "YOU" M EANS THE LEGAL END USER ENTITY THAT
PURCHASED THE PRODUCT FOR ITS OW N USE.
1
Exalt Limited Hardware Warranty
a.
Exalt warrants solely to the original purchaser ("Purchaser") that the Exalt hardware product
that this Agreement is provided with or for (the "Hardware Product") will substantially
conform in all material respects to the relevant Exalt published specifications that apply at the
time of manufacture of such Hardware Product for two (2) years from the date of purchase of
Hardware Product by Purchaser (the "Warranty Period"). Proof-of-purchase in the form of an
invoice, payment of invoice, or delivery waybill must be supplied, if requested by Exalt, in
case of any dispute of warranty start date.
b.
In the event Purchaser notifies Exalt during the Warranty Period of a defective Hardware
Product (material nonconformance with the published specifications), Exalt shall within the
Warranty Period, at its own option either: (A) use reasonable efforts to remedy any
reproducible Hardware Product defect covered by this limited warranty within a reasonable
period of time; (B) replace the defective Hardware Product with a functionally equivalent
product (repair parts and products may be either reconditioned or new, but, if reconditioned,
shall be of the same quality as new parts or products); or (C) if Exalt determines that it is
unable to repair or replace such Hardware Product, Exalt (or its applicable reseller) will refund
to Purchaser the amount actually paid by Purchaser for the applicable Hardware Product. All
replaced parts and products become the property of Exalt.
c.
The Exalt warranty does not cover any defective Hardware Product that (i) is subject to the
exclusions set forth below in Section 3; (ii) cannot be demonstrated to have a defect of the
types of defects covered by the Exalt warranty, or (iii) Purchaser is unable to provide adequate
information describing how the Hardware Product failed that would allow Exalt to determine
that the defect is covered by the Exalt warranty. Any Hardware Product that is returned by the
Purchaser to Exalt and Exalt determines that such product is not covered by the Exalt
warranty, will be, at Purchaser's option and expense (including any applicable shipping,
handling, evaluation, repair, replacement and disposal fees), either be: (a) returned to
Purchaser in the state received, (b) repaired or replaced, as applicable, and returned to
Purchaser, or disposed of in accordance with Purchaser's instructions. Repaired or replaced
Hardware Product will be warranted for the remainder of the original Warranty Period, but not
less than ninety (90) days.
