Subject to the limitations and conditions set forth herein, RAJANT warrants that commencing from the
date of shipment to Customer (but in case of resale by an Approved Source other than RAJANT,
commencing not more than ninety (90) days after original shipment by RAJANT), and continuing for a
period of the longer of (a) ninety (90) days or (b) the warranty period (if any) expressly set forth as
applicable specifically to software in the warranty card accompanying the product of which the Software
is a part (the “Product”) (if any): (a) the media on which the Software is furnished will be free of defects in
materials and workmanship under normal use; and (b) the Software substantially conforms to the
Documentation. The date of shipment of a Product by RAJANT is set forth on the packaging material in
which the Product is shipped. Except for the foregoing, the Software is provided “AS IS”. This limited
warranty extends only to the Software purchased from an Approved Source by a Customer who is the
first registered end user. Customer’s sole and exclusive remedy and the entire liability of RAJANT and its
suppliers under this limited warranty will be (i) replacement of defective media and/or (ii) at RAJANT’s
option, repair, replacement, or refund of the purchase price of the Software, in both cases subject to the
condition that any error or defect constituting a breach of this limited warranty is reported to the
Approved Source supplying the Software to Customer, within the warranty period. RAJANT or the
Approved Source supplying the Software to Customer may, at its option, require return of the Software
and/or Documentation as a condition to the remedy. In no event does RAJANT warrant that the Software
is error free or that Customer will be able to operate the Software without problems or interruptions. In
addition, due to the continual development of new techniques for intruding upon and attacking
networks, RAJANT does not warrant that the Software or any equipment, system or network on which
the Software is used will be free of vulnerability to intrusion or attack.
No representation or other affirmation of fact, including but not limited to statements regarding
capacity, suitability for use or performance of Software, whether made by Rajant employees or
otherwise, shall be deemed to be a warranty for any purpose or give rise to any liability of Rajant
whatsoever unless contained in this Agreement.
Restrictions. This warranty does not apply if the Software, Product or any other equipment upon which
the Software is authorized to be used (a) has been altered, except by RAJANT or its authorized
representative, (b) has not been installed, operated, repaired, or maintained in accordance with
instructions supplied by RAJANT, © is assembled or deployed with non-authorized Rajant accessories;
(d) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions,
misuse, negligence, or accident; or (e) is licensed for beta, evaluation, testing or demonstration
purposes. The Software warranty also does not apply to (f) any temporary Software modules; (g) any
Software not posted on RAJANT’s Software Center; (h) any Software that RAJANT expressly provides on
an “AS IS” basis on RAJANT’s Software Center; (i) any Software for which an Approved Source does not
receive a license fee; and (i) Software supplied by any third party which is not an Approved Source.
Hardware Limited Warranty
THE BREADCRUMB WIRELESS LAN UNITS (“BREADCRUMB”), EXCLUSIVE OF THE JR-2 BREADCRUMB,
PROVIDED UNDER THIS AGREEMENT ARE PROVIDED WITH A 1-YEAR WARRANTY FROM THE DATE THE
BREADCRUMB IS SHIPPED BY RAJANT AGAINST DEFECTS IN WORKMANSHIP OR MATERIAL UNDER
ORDINARY USE. SUCH WARRANTY APPLIES ONLY TO THE BREADCRUMB DEVICE AND DOES NOT EXTEND
TO ANY OTHER PRODUCTS, PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO POWER