User's Manual

DragonWave Inc. 8

AirPair 100 UL 24 GHz Product Manual

(d) In no event will DragonWave Inc. be liable for damage to the Equipment

resulting from improper handling during or after shipment, misuse,

neglect, improper installation, operation or repair (other than by

authorized DragonWave Inc. personnel), alteration, accident, or for any

other cause not attributable to defects in materials or workmanship on the

part of DragonWave Inc.

3.3. Software

(a) DragonWave Inc. warrants that any software supplied as a Product or as

part of a Product will function substantially in accordance with the

functional description set out in the software documentation provided to

the Customer for a period of ninety (90) days from the date of shipment to

the Customer.

(b) DragonWave Inc.’s sole obligation and the Customer’s sole remedy for a

breach of this warranty shall be DragonWave Inc.’s good faith efforts to

rectify the non-conformity, or, if after reasonable efforts, DragonWave Inc.

is unable to rectify the non-conformity, DragonWave Inc. shall accept

return of the software and refund to Customer the purchase price thereof.

This warranty is available only once in respect of each licensed software

program. DragonWave Inc. shall have no obligation under this warranty if

the software is modified or if the software is used with hardware or

software not supplied or approved by DragonWave Inc.

other party for breach of any of the foregoing warranties exceed the

purchase price paid by the Customer to DragonWave Inc. for the

defective hardware or software product.

(d) The express warranties set out in this warranty statement are in lieu of all

other warranties, representations or conditions, expressed or implied,

including implied warranties of merchantability or fitness for a particular

purpose, or those arising from statute or usage of trade. The Customer

shall not make any representations or warranties of any kind whatsoever

relating to the Equipment or to DragonWave Inc. which exceed those

made by DragonWave Inc. in this warranty statement.

3.4. Return of Equipment Under Warranty

(a) If an item of Equipment malfunctions or fails in normal intended usage

and maintenance within the applicable Warranty Period:

i. the Customer shall promptly notify DragonWave Inc. of the

problem and the serial number of the defective item; and

ii. DragonWave Inc. shall, at its sole option, either resolve the

problem over the telephone or provide the Customer with a

Returned Materials Authorization (RMA) number and the address

of the location to which the Customer can ship the defective item.