vi
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
YOU ARISING OUT OF OR RELATED TO YOUR PURCHASE OR USE OF, OR INABILITY
TO USE, THIS PRODUCT OR THE SERVICES, UNDER ANY THEORY OF LIABILITY,
WHETHER IN AN ACTION IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLI-
GENCE) OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF MERU OR ITS RESELLER
KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
EVENT, THE CUMULATIVE LIABILITY OF MERU OR ITS RESELLER FOR ALL CLAIMS
WHATSOEVER RELATED TO THE PRODUCT OR THE SERVICE WILL NOT EXCEED THE
PRICE YOU PAID FOR THE PRODUCT OR SERVICES GIVING RISE TO SUCH CLAIMS.
THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO LIMIT THE LIABILITY OF
MERU AND ITS RESELLERS AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
The jurisdiction applicable to you may not allow the limitations of liability or damages set forth
above, in which case such limitation shall only apply to you to the extent permitted in such
jurisdiction.
Additional Information
This Limited Product Warranty shall be governed by and construed in accordance with the
laws of the State of California, U.S.A., exclusive of its conflict of laws principles. The U.N. Con-
vention on Contracts for the International Sale of Goods shall not apply.
This Limited Product Warranty is the entire and exclusive agreement between you and Meru
with respect to its subject matter, and any modification or waiver of any provision of this state-
ment is not effective unless expressly set forth in writing by an authorized representative of
Meru.
All inquiries or claims made under this Limited Product Warranty must be sent to Meru at the
following address:
Meru Networks Inc.,
894 Ross Drive, CA 94087, USA
Tel: 408-215-5300
Fax: 408-215-5301
Email: [email protected]
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