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for the remainder of the original warranty period on the defective product, or a period of ninety (90) days,
whichever is longer. If Novatel Wireless is unable to repair or replace a defective product covered by this limited
warranty, Novatel Wireless will provide to purchaser a credit or a refund (at Novatel Wireless's option) of the
original purchase price (excluding taxes and shipping charges). Any returned and replaced product, or any
product for which Novatel Wireless has furnished a credit or a refund, becomes the property of Novatel Wireless.
Novatel Wireless shall not have any obligation to provide any firmware bug fixes, upgrades or new releases except
as may be necessary to correct any covered defect of which purchaser notifies Novatel Wireless in writing during
the warranty period. Novatel Wireless, from time to time and in its sole discretion, may make available for
download on its website (www.nvtl.com), or may provide via email, certain firmware bug fixes, upgrades or new
releases for the product. Download and use of any such bug fixes, upgrades or new releases is subject to all of the
applicable terms and conditions of Novatel Wireless's technical support policy as posted and updated on its
website. Novatel Wireless shall have no obligation under this limited warranty for (a) normal wear and tear; (b) the
cost of procurement of substitute products; or (c) any defect that is (i) discovered by purchaser during the
warranty period but for which purchaser does not request an RMA number from Novatel Wireless, as required
above, until after the end of the warranty period, (ii) caused by any accident, misuse, abuse, improper installation,
handling or testing, or unauthorized repair or modification of the product, (iii) caused by use of any materials not
supplied by Novatel Wireless, or by use of the product other than in accordance with its documentation, or (iv)
the result of electrostatic discharge, electrical surge, fire, flood or similar causes. The purchaser (or its customers,
as applicable) shall be solely responsible for the proper configuration, testing and verification of the Novatel
Wireless product prior to deployment in the field, and for ensuring that any end user product or system into
which the Novatel Wireless product is integrated or incorporated operates as intended and meets the
requirements of purchaser (or its customers). Novatel Wireless shall have no responsibility whatsoever for the
integration, configuration, testing, verification, installation, upgrade, support or maintenance of any such end
user product or system, or for any liabilities, damages, costs or expenses associated therewith.
NOVATEL WIRELESS'S SOLE RESPONSIBILITY AND PURCHASER'S SOLE REMEDY UNDER THIS LIMITED WARRANTY
SHALL BE FOR NOVATEL WIRELESS TO REPAIR OR REPLACE THE PRODUCT (OR IF REPAIR OR REPLACEMENT IS
NOT POSSIBLE, PROVIDE A CREDIT OR REFUND OF THE PURCHASE PRICE) AS PROVIDED ABOVE.
NOVATEL WIRELESS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY,
SATISFACTORY PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL
NOVATEL WIRELESS BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OR INTERRUPTION OF USE, DATA, REVENUES OR PROFITS)
RESULTING FROM A BREACH OF THIS WARRANTY OR BASED ON ANY OTHER LEGAL THEORY, EVEN IF
NOVATEL WIRELESS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
Some jurisdictions may require a longer warranty period than specified above and, accordingly, for products sold
in those jurisdictions the applicable warranty period shall be extended as required under the laws of those
jurisdictions. Furthermore, some jurisdictions may not allow the disclaimer of implied warranties or the exclusion
or limitation of incidental or consequential damages, so the above disclaimer, limitation or exclusion may not
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