User's Manual Part 1

12 Product Overview — Notices
Revision 1.8 P/N 9002363
• products designated by Novatel Wireless™ as beta site test samples,
experimental, developmental, preproduction, sample, incomplete or out of
specification Products
• returned Products if the original identification marks have been removed or
altered
Software Warranty
Novatel Wireless™ warrants that for a period of 12 months from delivery at the FCA
point, that the Products are free from defects in material and workmanship, conform to
Novatel Wireless™ specifications and the software is free from errors which materially
affect performance. This warranty is exclusive and Novatel Wireless™ makes no
representation or warranty of any other kind, express or implied, with respect to its
products, whether as to merchantability, fitness for a particular purpose or any other
matter. The foregoing warranty does not extend to (i) non-conformities, defects or errors
in the Products due to accident, abuse, misuse or negligent use of the Products or use in
other than a normal or customary manner, environmental conditions not conforming to
Novatel Wireless™’s specifications, or failure to follow prescribed operating and/or
maintenance procedures; (ii) defects, errors or non-conformity in the Products due to
modifications, alterations, additions, or changes not made or authorized to be made by
Novatel Wireless™; (iii) normal wear and tear; or (iv) damage caused by force of nature
or act of any third party.
• Novatel Wireless™’s obligations are limited to correction of a failure or defect in
the Products by implementation of a module swap whenever practicable. Novatel
Wireless™ does not warrant that the execution of the software shall be
uninterrupted or error free.
• In the event of a warranty claim, the Purchaser shall return the Products to Novatel
Wireless™’s Calgary facility for testing and examination at the Purchaser’s
expense. After testing and examination Novatel Wireless™ shall either:
• determine the claim is a valid warranty claim in which case the Products
will be repaired and returned to the Purchaser at Novatel Wireless™’s cost
and the Purchaser shall be reimbursed for the original cost of shipping the
Products to Novatel Wireless™ to evaluate the warranty claim
or
• determine the claim is not valid or that the warranty has been voided in
which case the Products shall be returned to the Purchaser at the
Purchaser’s cost
• Purchaser’s exclusive remedy for claims arising hereunder shall be for damages.
Novatel Wireless™’s liability for any and all losses and damages to purchaser
resulting from any cause whatsoever including Novatel Wireless™’s negligence or
alleged damage or defective products, irrespective of whether such defects are
discoverable or latent, shall in no event exceed the purchase price of the particular
products with respect to which losses or damages are claimed, or at Novatel
Wireless™’s election, the repair or replacement of defective or damaged products
or the issuance of a credit memo in lieu thereof. In no event, including in the case
of a claim of negligence, shall Novatel Wireless™ be liable for incidental or
consequential damages.