
X2 and XR300 Series Notices and Regulatory Guide
15
Hardware Warranty Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS PRODUCT
BY USING THIS PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL THE
TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU ARE CONSENTING TO BE BOUND BY
THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, RETURN THE
UNUSED PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.
LIMITED WARRANTY. Xirrus warrants that for a period of five years from the date of purchase by the original
purchaser (“Customer”): (i) the Xirrus Equipment (“Equipment”) will be free of defects in materials and
workmanship under normal use; and (ii) the Equipment substantially conforms to its published specifications.
Except for the foregoing, the Equipment is provided AS IS. This limited warranty extends only to Customer as the
original purchaser. Customer's exclusive remedy and the entire liability of Xirrus and its suppliers under this
limited warranty will be, at Xirrus' option, repair, replacement, or refund of the Equipment if reported (or, upon
request, returned) to the party supplying the Equipment to Customer. In no event does Xirrus warrant that the
Equipment is error free or that Customer will be able to operate the Equipment without problems or interruptions.
This warranty does not apply if the Equipment (a) has been altered, except by Xirrus, (b) has not been installed,
operated, repaired, or maintained in accordance with instructions supplied by Xirrus, (c) has been subjected to
abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultra-hazardous activities.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR
ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE
EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL Xirrus OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR
FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED
AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE
THE EQUIPMENT EVEN IF Xirrus OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event shall Xirrus' or its suppliers' liability to Customer, whether in contract, tort (including
negligence), or otherwise, exceed the price paid by Customer.
The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME
STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES.
The above warranty DOES NOT apply to any evaluation Equipment made available for testing or demonstration
purposes. All such Equipment is provided AS IS without any warranty whatsoever.
Customer agrees the Equipment and related documentation shall not be used in life support systems, human
implantation, nuclear facilities or systems or any other application where failure could lead to a loss of life or
catastrophic property damage, or cause or permit any third party to do any of the foregoing.
All information or feedback provided by Customer to Xirrus with respect to the Product shall be Xirrus' property
and deemed confidential information of Xirrus.
Equipment including technical data, is subject to U.S. export control laws, including the U.S. Export
Administration Act and its associated regulations, and may be subject to export or import regulations in other
countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the
responsibility to obtain licenses to export, re-export, or import Equipment.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United
States of America, as if performed wholly within the state and without giving effect to the principles of conflict of
law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Warranty shall
remain in full force and effect. This Warranty constitutes the entire agreement between the parties with respect to
the use of the Equipment.
Manufacturer is Xirrus, Inc. 2101 Corporate Center Drive Thousand Oaks, CA 91320