User's Manual

129
THE REMEDIES IN THIS LIMITED PRODUCT WARRANTY ARE YOUR SOLE AND EXCLUSIVE REME-
DIES, AND MERU’S SOLE AND EXCLUSIVE LIABILITY, FOR BREACH OF THE HARDWARE OR SOFT-
WARE WARRANTY SET FORTH ABOVE.
Limitations of Liability
You acknowledge and agree that the consideration which you paid to Meru does not include any consideration by
Meru of the risk of consequential, indirect or incidental damages which may arise in connection with your use of,
or inability to use, the Product. THUS, MERU AND ITS RESELLER WILL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING
WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS, LOST DATA, LOSS OF USE, OR COST OF
COVER INCURRED BY YOU ARISING OUT OF OR RELATED TO YOUR PURCHASE OR USE OF, OR
INABILITY TO USE, THIS PRODUCT OR THE SERVICES, UNDER ANY THEORY OF LIABILITY,
WHETHER IN AN ACTION IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR
OTHER LEGAL OR EQUITABLE THEORY, EVEN IF MERU OR ITS RESELLER KNEW OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE CUMULATIVE LIABILITY
OF MERU OR ITS RESELLER FOR ALL CLAIMS WHATSOEVER RELATED TO THE PRODUCT OR THE
SERVICE WILL NOT EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICES GIVING RISE
TO SUCH CLAIMS.
THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO LIMIT THE LIABILITY OF MERU AND ITS
RESELLERS AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY.
The jurisdiction applicable to you may not allow the limitations of liability or damages set forth above, in which
case such limitation shall only apply to you to the extent permitted in such jurisdiction.
Additional Information
This Limited Product Warranty shall be governed by and construed in accordance with the laws of the State of
California, U.S.A., exclusive of its conflict of laws principles. The U.N. Convention on Contracts for the
International Sale of Goods shall not apply.
This Limited Product Warranty is the entire and exclusive agreement between you and Meru with respect to its
subject matter, and any modification or waiver of any provision of this statement is not effective unless expressly
set forth in writing by an authorized representative of Meru.
All inquiries or claims made under this Limited Product Warranty must be sent to Meru at the following address:
Meru Networks Inc.,
1309 South Mary Avenue, Sunnyvale, CA 94087, USA
Tel: [phone]
Fax: [phone]
Email: [e-mail]