Netgear AirCard 595 (all others) Warranty
Contents
1. exclusion or imitation of certain damages Therefore the foregoing exclusions may not apply to you D THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS PRODUCT IS ASSUMED BY YOU EITHER THE ORIGINAL OWNER OF THE PRODUCT NOR THE VENDOR NOR VENDOR S DISTRIBUTORS RESELLERS SUPPLIERS AGENTS OFFICERS AND DIRECTORS SHALL HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES HOWSOEVER CAUSED INCLUDING BUT NOT LIMITED TO DIRECT INDIRECT INCIDENTAL SPECIAL GENERAL CONSEQUENTIAL PUNITIVE OR EXEMPLARY AMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT DAMAGES TO RTY OR PERSONS LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS EVEN ANY SUCH AFOREMENTIONED PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR RE FORESEEABLE OR FOR CLAIMS BY ANY THIRD PARTY MAXIMUM AGGREGATE LIABILITY OF THE TIONED PERSONS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT THE IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH DEFAULT NON RFORMANCE OR FAILURE IS A BREACH OF FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL e event that the Product supplied by Vendor is found to infringe any third party US or Canadian patent trade secret copyright tradema2. One Year Warranty AirCard 590 Series THIS PRODUCT IS PROVIDED TO YOU UNDER THE FOLLOWING TERMS AND CONDITIONS THAT CONTAIN LIMITATIONS ON WARRANTIES AND LIABILITIES AND YOUR REMEDIES BY USING THIS PRODUCT YOU AGREE TO THE TERMS AND CONDITIONS BELOW The original end user purchaser of the enclosed wireless personal computer modem card the Product from Sierra Wireless the Vendor or one of its authorized suppliers is offered a personal non transferable limited warranty that a the Product will be of good quality and free from defects in design materials workmanship and manufacture under ormal use and service b all materials parts components and other items incorporated in the Product will be new and c the Product will be compliant with and perform in accordance with its specifications for a period that expires one year from the original purchase date of the Product the Warranty Period During the Warranty Period if Vendor determines that a Product is defective under a proper warranty claim then Vendor will at its sole discretion either a pay parts and labor charges for the repair of the Product or b replace the Product with a new or rebuilt unit which unit may use refurbished parts of similar quality and functionality provided hat the defective Product is returned to a Vendor authorized service center for the Product transportation charges prepaid and is accompanied by written proof of purchase in
3. VENDOR AND THE ORIGINAL OWNER OF THE PRODUCT FOR ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS BY THE PRODUCT f u a any provision or term of these terms and conditions is determined to be invalid or unenforceable the invalidity or enforceability of that provision or term will not affect the validity or enforceability of the remaining provis erms or the validity or enforceability of that provision or term in any other jurisdiction ons and Patent Information This product may contain technology developed by or for Sierra Wireless Inc This product includes technology licensed from QUALCOMM 3G This product is manufactured or sold by Sierra Wireless Inc or its affiliates under one or more patents licensed from InterDigital Group 2130714 Rev 2
4. ct h signal reception problems unless caused by a defect in material s or workmanship or i Products on which warranty stickers or serial numbers have been removed altered or rendered illegible This limited warranty is not transferable to any third party including but not limited to any subsequent purchaser or owner of the Products Any transfer or resale of any of the Products will automatically terminate Vendor s warranty coverage of such Products This limited warranty is only valid in the United States of America and does not cover customer education instruction installation setup adjustments or signal reception problems REPAIR OR REPLACEMENT AS PROVIDED FOR UNDER THIS LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS LIMITED WARRANTY TO THE EXTENT PERMITTED BY APPLICABLE LAW NEITHER VENDOR NOR THE ORIGINAL OWNER OF THE PRODUCT MAKE ANY OTHER REPRESENTATIONS WARRANTIES OR CONDITIONS OF ANY KIND EXPRESS OR IMPLIED OR STATUTORY WITH RESPECT TO THE PRODUCT INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE This warranty gives you specific rights and you may also have other rights which vary from jurisdiction to jurisdiction Some jurisdictions do not allow the exclusion of implied warranties and conditions and do not permit the
5. rk or other proprietary right and or the use of the Product is enjoined Vendor will at its sole option either a procure for you the right to use such Product b modify such Product so that it becomes infringing while giving equivalent functionality and performance or c if neither of the foregoing options is easonably available refund to you all amounts paid for the infringing Products depreciated on a straight line basis over a three year period Vendor will have no liability or obligation to you to the extent the infringement is caused by or based upon a use of the Product in an application or environment or on a platform or with devices for which the Product was not designed or contemplated b modifications alterations combinations or enhancements of the Product not created by Vendor c any third party defined feature that Vendor incorporates into the Product at the request of such third party or e your failure to install any corrections or enhancements nade available by Vendor that maintain equivalent or better functionality and performance to the extent that such correction or enhancement would have avoided the infringement claim Vendor s obligations do not apply to any alleged infringement occurring after you have received written notice of the alleged infringement THE FOREGOING S IN LIEU OF ANY REPRESENTATIONS WARRANTIES OR CONDITIONS OF NON INFRINGEMENT WHICH ARE HEREBY DISCLAIMED AND SETS FORTH THE ENTIRE LIABILITY OF
6. the form of a bill of sale or receipted invoice indicating hat the Product was purchased by you and is within the Warranty Period After the Warranty Period you are respon sible for paying all parts labor and shipping charges The warranty described above shall apply to all repaired or replaced Product for a period of 90 days from the date of eturn to you or the balance of the Warranty Period whichever is greater This limited warranty does not cover and is void with respect to a Products which have been improperly installed epaired maintained or modified b Products which have been subjected to misuse including using the Products with hardware which is electrically or mechanically incompatible with the Products abuse accident physical damage abnormal operation improper handling or storage neglect exposure to fire water or excessive moisture or dampness or extreme changes in climate or temperature c Products which have been opened repaired modified or altered by anyone other than Vendor or a Vendor authorized service center d Products which have been damaged due to fire flood acts of God or other acts which are not Vendor s fault and which the Product is not specified to tolerate e cosmetic damage f Products which have been operated outside of published maximum ratings g cost of installation removal or reinstallation of the Produ
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