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TELEVISION RECEPTIONS MAY OCCUR AND THAT MERU WILL NOT BE
LIABLE FOR ANY DAMAGES OR INCONVENIENCE BASED ON SUCH
INTERFERENCES.
Third Party Products
- The above Limited Warranties are exclusive of
products manufac- tured by third parties (“Third Party Products”). If such third
party manufacturer provides a sep- arate warranty with respect to the Third Party
Product, Meru will include such warranty in the packaging of the Meru Product.
Return procedures
To obtain warranty service you must: (a) obtain a return materials
authorization number (“RMA#”) from Meru by contacting
[email protected], and (b) deliver the Prod- uct, in accordance with
the instructions provided by Meru, along with proof of purchase in the form of a
copy of the bill of sale including the Product’s serial number, contact information,
RMA# and detailed description of the defect, in either its original package or
packaging provid- ing the Product with a degree of protection equivalent to that of
the original packaging, to Meru
at the address below. You agree to obtain adequate insurance to cover loss or
damage to the Product during shipment.
If you obtain an RMA# and return the defective Product as described above, Meru
will pay the cost of returning the Product to Meru. Otherwise, you agree to bear
such cost, and prior to receipt by Meru, you assume risk of any loss or damage
to the Product. Meru is responsible for the cost of return shipment to you if the
Meru Product is defective.
Returned products which are found by Meru to be not defective, returned out-of-
warranty or otherwise ineligible for warranty service will be repaired or
replaced at Meru’s standard charges and shipped back to you at your expense.
At Meru’s sole option, Meru may perform repair service on the Product at your
facility, and you agree to provide Meru with all reasonable access to such facility
and the Product, as required by Meru. On-site repair service may be available and
is governed by the specific terms of your purchase.
All replaced parts, whether under warranty or not, are the property of Meru.
Warranty limitations
THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND NO OTHER
WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED
BY MERU, TO THE MAXI- MUM EXTENT PERMITTED BY LAW. THERE ARE
NO OTHER WARRANTIES RESPECT- ING THE PRODUCT AND
DOCUMENTATION AND SERVICES PROVIDED UNDER THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF DESIGN, MER-
CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF MERU
HAS BEEN INFORMED OF SUCH PURPOSE), TITLE OR AGAINST
INFRINGEMENT OF THIRD PARTY RIGHTS. IF ANY IMPLIED WARRANTY
CANNOT BE DISCLAIMED UNDER APPLI- CABLE LAW, THEN SUCH
IMPLIED WARRANTY SHALL BE LIMITED IN DURATION TO THE
HARDWARE AND SOFTWARE WARRANTY PERIODS DESCRIBED ABOVE.
NO AGENT OF MERU IS AUTHORIZED TO ALTER OR EXCEED THE
WARRANTY OBLI- GATIONS OF MERU.
MERU SPECIFICALLY DOES NOT WARRANT THAT THE MERU
SOFTWARE WILL BE ERROR FREE OR OPERATE WITHOUT INTERRUPTION.
THE REMEDIES IN THIS LIMITED PRODUCT WARRANTY ARE YOUR SOLE
AND EXCLU- SIVE REMEDIES, AND MERU’S SOLE AND EXCLUSIVE
LIABILITY, FOR BREACH OF THE HARDWARE OR SOFTWARE WARRANTY
SET FORTH ABOVE.
Limitations of Liability
You acknowledge and agree that the consideration which you paid to Meru does
not include any consideration by Meru of the risk of consequential, indirect or
incidental damages which may arise in connection with your use of, or inability to
use, the Product. THUS, MERU AND ITS RESELLER WILL NOT BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNI- TIVE OR CONSEQUENTIAL
DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROF- ITS, LOST
BUSINESS, LOST DATA, LOSS OF USE, OR COST OF COVER INCURRED BY