Meru Networks AP320 Installation Manual page 143

WARRANTIES RESPECTING THE PRODUCT AND DOCUMENTATION AND
SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF DESIGN, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE (EVEN IF MERU HAS BEEN INFORMED OF SUCH
PURPOSE), TITLE OR AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS. IF
ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW,
THEN SUCH IMPLIED WARRANTY SHALL BE LIMITED IN DURATION TO THE
HARDWARE AND SOFTWARE WARRANTY PERIODS DESCRIBED ABOVE.
NO AGENT OF MERU IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY
OBLIGATIONS OF MERU.
MERU SPECIFICALLY DOES NOT WARRANT THAT THE MERU SOFTWARE WILL
BE ERROR FREE OR OPERATE WITHOUT INTERRUPTION.
THE REMEDIES IN THIS LIMITED PRODUCT WARRANTY ARE YOUR SOLE AND
EXCLUSIVE REMEDIES, AND MERU'S SOLE AND EXCLUSIVE LIABILITY, FOR
BREACH OF THE HARDWARE OR SOFTWARE 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.
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