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MERU NETWORKS, INC.
Limited Product Warranty
This Limited Product Warranty applies to the original end-user customer of the
Meru product which you purchased for your own use, and not for resale
(“Product”), from Meru Networks, Inc. (“Meru”) or its authorized reseller
(“Reseller”).
Limited Warranties
One-year limited hardware warranty: Meru warrants to you that Meru hardware
(other than Third Party Products as described below) will be free from defects in
materials and work- manship for a one-year period after the date of delivery of
the applicable product to you from Meru or its Reseller (the “Hardware Warranty
Period”). If Meru receives written notice from you of such defects during the
Hardware Warranty Period, Meru will, at its option, either repair or replace Meru
hardware that Meru determines to be defective. Replacement products may be
remanufactured units, and will be warranted for the remainder of the origi- nal
Hardware Warranty Period, or if greater, for thirty days from delivery of such
replace- ment. Should Meru be unable to repair or replace the Meru hardware,
Meru (or its Reseller, as applicable) will refund to you the purchase price of the
Product.
90-Day Limited Software Warranty: Meru warrants to you that, for a 90-day period
after the date of delivery of the applicable product to you from Meru or its
Reseller (the “Software Warranty Period”), when properly installed and used, (a)
the media on which the Meru soft- ware is provided will be free from defects in
materials or workmanship; and (b) the Meru software will substantially conform
to the functional specifications in the applicable docu- mentation. If Meru
receives written notice from you of a breach of this warranty during the Software
Warranty Period and is able to reproduce the defect, Meru will, at its option, either
repair or replace the defective Meru software. Should Meru be unable to repair or
replace the Meru software, Meru (or its Reseller, as applicable) will refund to you
the purchase price of the Product.
Exclusions
The warranty on the Product shall not apply to defects resulting from the following:
Alteration or modification of the Product in any way, including without limitation
configura- tion with software or components other than those supplied by Meru
or integration with parts other than those supplied by Meru.
Abuse, damage or otherwise being subjected to problems caused by negligence
or misap- plication (including without limitation improper or inadequate
maintenance or calibration), relocation of the products (including without limitation
damage caused by use of other than Meru shipping containers), or use of the
products other than as specified in the applicable Meru product documentation
(including without limitation incompatible operating environ- ments and systems),
or improper site preparation or maintenance.
Damage as a result of accidents, extreme power surge, extreme electromagnetic
field, acts of nature or other causes beyond the control of Meru.
Use of the Product with software, interfacing, parts or supplies not supplied by
Meru.
The warranty on the Product does not apply if the Product is sold, or in the case
of software, licensed, for free for evaluation or demonstration purposes.
Meru expressly disclaims any warranty or obligation to support the Product for
all operating environments – for example, as illustration and not limitation, Meru
does not warrant or ensure interoperability of the Product with future
telecommunication systems or other future software or hardware.
You understand and acknowledge that the Products may generate, use or
radiate radio fre- quency energy and may interfere with radio communications
and/or radio and television receptions if is not used and/or installed in
accordance with the documentation for such prod- ucts. WHILE MERU USES
COMMERCIALLY REASONABLE EFFORTS TO ENSURE COM- PLIANCE OF
THE PRODUCTS WITH APPLICABLE UNITED STATES FEDERAL
COMMUNICATIONS COMMISSION AND PROTECT AGAINST HARMFUL
INTERFER- ENCES, YOU ACKNOWLEDGE AND AGREE THAT
INTERFERENCES WITH RADIO COM- MUNICATIONS AND/OR RADIO AND