Digital Highway Wireless & Long Distance Communications

Warranty

The following terms and conditions (“Warranty Terms”) govern the warranty services offered to you (“Customer”) by AIRLINK COMMUNICATIONS, INC. (“AirLink”), located at 3159 Corporate Place, Hayward, CA 94545, in connection with the sale and licensing of AirLink software and hardware. NOTE: Also refer to additional terms and conditions of use found in AirLink’s Operating Manual and Installation Guide prior to setup and installation of any device.

1. WARRANTY:

1.1 Standard Software Warranty. AirLink warrants that the AirLink software (“Software”) licensed hereunder will perform in substantial conformance to the applicable AirLink software specifications during the warranty period. The warranty period is ninety (90) days from the date of delivery of the Software to Customer. AirLink's sole obligation with respect to this express warranty shall be, at AirLink's option, to refund the license fee paid by Customer for any defective Software or to replace the Software with Software that substantially conforms to AirLink's applicable software specifications.

1.2 One Year Standard Equipment Warranty: For a period of one year from delivery, AirLink warrants that the hardware products (“Hardware”) will meet AirLink’s standard specifications and will be free from defects in materials and workmanship.

1.3 Optional Two Year Extended Equipment Warranty: If Customer has purchased this two-year extended warranty option, for a period of three years from delivery, AirLink warrants that the Hardware will meet AirLink’s standard specifications and will be free from defects in materials and workmanship.

1.4 Optional Four Year Extended Equipment Warranty: If Customer has purchased this four-year extended warranty option, for a period of five years from delivery, AirLink warrants that the Hardware will meet AirLink’s standard specifications and will be free from defects in materials and workmanship.

1.5 Remedy. If under normal use the Software and/or Hardware (collectively, the “Products”) prove to have any such defect and the Customer notifies AirLink of such defect within the warranty period, AirLink, at its option, will either repair or replace the same without charge. The warranty does not apply if the serial number label or any warranty voiding label has been removed or if the Product has been subjected to physical abuse, improper installation, or modification not authorized by AirLink, or if the Product was used in a manner for which it was not intended. Products will be accepted for repair or replacement upon written authorization and in accordance with instructions of AirLink. Customer will obtain a Return Material Authorization (“RMA”) number from AirLink’s Customer Support, fill out an RMA submission form, and enclose it with the product. Transportation expenses associated with returning such Products to AirLink will be borne by Customer. AirLink will pay the costs of return transportation of the repaired or replaced Products. Please contact AirLink’s support group via email at support@airlink.com or telephone at 510-781-9760 to obtain an RMA number. Products deemed by AirLink to be DOA (dead on arrival) may be returned to AirLink for repair, at AirLink’s expense, using the standard RMA procedures.

1.6 WARRANTY DISCLAIMER. THE WARRANTIES SET FORTH ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO CONDITION, DESCRIPTION, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. AIRLINK AUTHORIZED DEALER’S OR CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WILL BE AIRLINK’S OBLIGATION TO REPAIR OR REPLACE AS SET FORTH ABOVE. THIS WARRANTY DOES NOT COVER PRODUCTS THAT DO NOT CONFORM TO SPECIFICATIONS BECAUSE OF ACCIDENT, ALTERATIONS, FAILURE TO FOLLOW INSTRUCTIONS, USE OUTSIDE THE SCOPE OF ANY OTHER PROVIDED DOCUMENTATION (E.G., USER GUIDE, INSTALLATION GUIDE, QUICK START GUIDE), MISUSE, ABUSE, NEGLECT, FIRE, FLOOD OR ACTS OF GOD.

2.) LIMITATION OF LIABILITY: AIRLINK WILL IN NO EVENT BE LIABLE TO CUSTOMER OR TO ANY OTHER ENTITY WHICH PURCHASES FROM AIRLINK OR USES ANY PRODUCTS SUPPLIED UNDER THIS AGREEMENT FOR ANY CLAIM FOR INDIRECT, SPECIAL, RELIANCE, INCIDENTAL OR CONSEQUENTIAL LOSSES, DAMAGES OR EXPENSES ARISING OUT OF THIS AGREEMENT OR ANY OBLIGATION RESULTING THEREFROM FOR THE USE OR PERFORMANCE OF THE PRODUCTS, WHETHER IN AN ACTION BASED ON BREACH OF WARRANTY (EXPRESS OR IMPLIED), BREACH OF CONTRACT, DELAY NEGLIGENCE, STRICT TORT LIABILITY OR OTHERWISE. AIRLINK'S ENTIRE LIABILITY FOR ANY CLAIM ARISING FROM ANY CAUSE WHATSOEVER, WHETHER FOR PRODUCTS DELIVERED OR NOT DELIVERED, INCLUDING BUT NOT LIMITED TO THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR IN OR OUT OF WARRANTY, USE OR INABILITY TO USE ANY PRODUCTS, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER GOODS OR EQUIPMENT, WILL IN NO EVENT EXCEED THE LOWER OF THE REPAIR OR REPLACEMENT COST OR PURCHASE PRICE OF THE PRODUCT WHICH DIRECTLY GIVES RISE TO THE CLAIM. THIS CLAUSE WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE REMEDY AND THE EXPIRATION OF THESE WARRANTY TERMS.

3.) GENERAL. AirLink shall have the right to assign any or all components of these Warranty Terms without the prior written consent of the other party. AirLink shall not be liable to Customer for any alleged loss or damages resulting from delays in performance (including for AirLink, loss or damages resulting from delivery of the Products being delayed) caused by any act of God, fire, casualty, flood, war, failure of public utilities, injunction or any act, exercise, assertion or requirement of governmental authority, earthquake, labor strike, riot, accident, shortage, delay in transportation or any other cause beyond the reasonable control of AirLink, and if AirLink shall have used its best efforts to avoid such occurrence and minimize its duration and has given prompt written notice to Customer, then AirLink’s performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence. All notices and demands of any kind which either party may be required or desire to serve upon the other under the terms of this Agreement shall be in writing and shall be served by personal service or by registered mail, postage prepaid, to AirLink (Att: VP/Operations) at the address set forth at the beginning of this Agreement, and to Customer, at the address provided by Customer to AirLink on the applicable purchase order. If any provision of these Warranty Terms shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. The laws of the State of California shall govern these Warranty Terms. These Warranty Terms constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled and/or superseded. These Warranty Terms shall prevail notwithstanding any variance with terms and conditions of any purchase order. Any modifications of these Warranty Terms must be in writing and signed by a duly authorized officer of both parties hereto.