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the defect, in either its original package or packaging providing the Product with a degree of
protection equivalent to that of the original packaging, to Meru at the address below. You agree to
obtain adequate insurance to cover loss or damage to the Product during shipment.
If you obtain an RMA# and return the defective Product as described above, you agree to bear the cos
of returning, and prior to receipt by Meru, you assume risk of any loss or damage to the Product. Meru
is responsible for the cost of return shipment to you if the Meru Product is defective.
Returned products which are found by Meru to be not defective, returned out-of-warranty or otherwise
ineligible for warranty service will be repaired or replaced at Meru’s standard charges and shipped
back to you at your expense.
At Meru’s sole option, Meru may perform repair service on the Product at your facility, and you agree
to provide Meru with all reasonable access to such facility and the Product, as required by Meru.
On-site repair service may be available and is governed by the specific terms of your purchase.
All replaced parts, whether under warranty or not, are the property of Meru.
Warranty limitations
THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND NO OTHER WARRANTY,
WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED BY MERU, TO THE
MAXIMUM EXTENT PERMITTED BY LAW. THERE ARE NO OTHER 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 OBLIGA-
TIONS 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 EXCLU-
SIVE 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