User's Manual

LIMITED WARRANTY AND LIMITATION OF LIABILITY:
19
LIMITED WARRANTY AND LIMITATION OF LIABILITY:
1. What is Covered and for How Long? Spotwave Wireless Inc. ("Spotwave") warrants to the original Purchaser that the Spotwave ZEN
System (the "System") is free from defects in material and workmanship under normal use and service for a period of 12 months from the
date of shipment from Spotwave (the "Limited Warranty Period").
2. What is not covered? This Limited Warranty is conditioned upon proper use of the System by the Purchaser. This Limited Warranty
does not cover (and will become null and void in the event of): (a) defects or damage resulting from accident, misuse, abuse, neglect,
unusual physical, electrical or electromechanical stress, modification of the System or any part thereof, or cosmetic damage; (b) removal,
alteration or defacing of the serial number or other identifying marks on the System; (c) all plastic surfaces and other externally exposed
components that are scratched or damaged due to normal use; (d) malfunctions resulting from the use of the System in conjunction with
accessories, products or (ancillary) or peripheral equipment not provided by Spotwave; or (e) defects or damage from unauthorized or
improper testing, operation, maintenance, installation, servicing or adjustment of the System. Any repairs or replacements provided by
Spotwave outside of the Limited Warranty Period (including repairs to or replacement after the end of the Warranty Period), or in excess of
the services provided during the Limited Warranty Period, will subject to Spotwave's then prevailing rates.
3. What are Spotwave's Obligations and how do you make a claim? During the Limited Warranty Period, Spotwave will repair or
replace, at Spotwave's sole option, without charge to Purchaser, any defective component of the System, provided that the System is
returned promptly upon discovery of the defect and during the Limited Warranty Period. To obtain service, Systems must be returned to an
authorized service facility in the original packaging or packaging adequate for shipping, accompanied by Purchaser's sales receipt or
comparable substitute proof of sale showing the date of purchase and the serial number of the System. A valid RMA is required prior to
any return.
To locate your nearest authorized service facility, call Spotwave Customer Service at 1-866-704-9750. Spotwave may, at Spotwave's sole
option, use rebuilt, reconditioned, or new parts or components when repairing any System or replace a System with a rebuilt, reconditioned
or new System. Repaired Systems will be warranted for a period equal to the remainder of the original Limited Warranty Period for the
original System or for 90 days, whichever is longer. All replaced parts, components, boards or equipment shall become the property of
Spotwave. If Spotwave determines that any System is not covered by this Limited Warranty, Purchaser must pay the costs for all parts,
shipping, and labor charges for the repair or return of such System.
4. What are the Limits on Spotwave's Liability? EXCEPT FOR THE WARRANTY IN PARAGRAPH 1, THE SYSTEMS AND ANY
ASSOCIATED SERVICES ARE PROVIDED BY SPOTWAVE ON AS 'AS IS' BASIS AND THERE ARE NO OTHER REPRESENTATIONS,
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE
OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT OR SERVICE PROVIDED
HEREUNDER OR IN CONNECTION HEREWITH BY SPOTWAVE. SPOTWAVE DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS
OF DURABILITY, MERCHANT ABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR
A PARTICULAR PURPOSE. SPOTWAVE DOES NOT REPRESENT OR WARRANT THAT THE SYSTEMS WILL MEET ANY OR ALL OF
PURCHASERS' PARTICULAR REQUIREMENTS, THAT THE SYSTEMS WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT
ALL ERRORS OR DEFECTS IN THE SYSTEMS CAN BE FOUND TO BE CORRECTED. System performance is dependant upon the
performance and availability of services or technology provided by third parties and Spotwave is not responsible for service continuity and
reliability, reception, or other performance related limitations associated with use of the Systems. NO AGREEMENTS VARYING OR
EXTENDING THE TERMS OF THIS LIMITED WARRANTY WILL BE BINDING ON SPOTWAVE UNLESS IN WRITING AND SIGNED BY AN
AUTHORIZED SIGNING OFFICER OF SPOTWAVE THIS LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE OTHER THAN THE
ORIGINAL PURCHASER OF THE SYSTEM. SPOTWAVE'S MAXIMUM AGGREGATE LIABILITY TO PURCHASER SHALL NOT EXCEED
THE AMOUNTS PAID BY PURCHASER FOR THE SYSTEM GIVING RISE TO THE CLAIM. SPOTWAVE SHALL NOT BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, LOSS OF USE, DATA OR PROFITS, DAMAGES TO
PURCHASER'S PROPERTY, OR INJURY TO PURCHASER OR OTHERS ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE
ANY SYSTEM, WHETHER OR NOT SUCH DAMAGE ARISES OUT OF CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION,
NEGLIGENCE) OR CLAIMS BY A THIRD PARTY, EVEN IF SPOTWAVE HAS BEEN ADVISED OF SUCH DAMAGES OR THEY ARE
FORESEEABLE
5. This Limited Warranty allocates risk between Purchaser and Spotwave, and the Spotwave System pricing reflects this allocation of risk
and the limitations of liability contained in this Limited Warranty. The agents, employees, distributors, dealers or representative of Spotwave
are not authorized to make modifications to this Limited Warranty, or make additional warranties binding on Spotwave. Accordingly,
additional statements such as advertising or presentations, whether oral or written, do not constitute warranties by Spotwave and should
not be relied upon.
OWNERSHIP AND RISK OF LOSS:
6.
Who Owns the rights in the System? The System is protected by Canadian, US and international copyright law and other
intellectual property protection laws and treaties. Purchaser acknowledges that Spotwave and its licensors are the owner of all intellectual
property, including, without limitation, patents and copyright, relating to the System and the trademarks used in association with the
System. Purchaser agrees that it will not (and will not attempt to) modify, prepare derivative works of, reverse engineer, decompile,
disassemble, or other attempt to derive the source code of any software contained within the System.