CTERA Networks Limited Hardware Warranty

Limited Hardware Warranty. CTERA warrants that the hardware components of the product supplied to you by CTERA or its authorizes partners (the “Hardware Product“) shall be free from material defects in design, materials, and workmanship and will function, under normal use and circumstances, materially in accordance with the documentation provided with such Hardware Products for a period of one year from the date of shipment by CTERA. Your sole and exclusive remedy, and CTERA’s sole and exclusive liability for defective hardware components shall be that CTERA, at its sole option, subject to the terms and conditions of this Warranty, and solely upon confirmation of a defect or failure of a hardware component to perform as warranted, shall either repair or replace the nonconforming hardware component. All replacement parts furnished to You under this warranty shall be new or refurbished and equivalent to new, and shall be warranted as new for the remainder of the original warranty period. All defective parts, which have been replaced, shall become the property of CTERA. All defective parts that have been repaired shall remain Your property.

Procedures. A Hardware Product or one of its component parts may only be returned to CTERA with CTERA’s prior written approval. Any such approval shall reference a returned material authorization number issued by an authorized CTERA service representative. Transportation costs, if any, incurred in connection with the return of a defective item to CTERA shall be borne by You. Any transportation costs incurred in connection with the redelivery of a repaired or replacement item to You by CTERA shall be borne by CTERA; provided, however, that if CTERA determines, in its sole discretion, that the allegedly defective item is not covered by the terms of the warranty or that a warranty claim is made after the warranty period, the cost of the repair by CTERA, including all shipping expenses, shall be reimbursed by You.

Exclusions. The foregoing warranties and remedies shall be void as to any Hardware Products damaged or rendered unserviceable by one or more of the following: (1) improper or inadequate maintenance by anyone other than CTERA or CTERA’s authorized agents, (2) software or interfacing supplied by anyone other than CTERA, (3) modifications, alterations or additions to the Hardware Products by personnel not certified by CTERA or CTERA’s authorized agents to perform such acts, or other unauthorized repair, installation or opening or other causes beyond CTERA’s control, (4) unreasonable refusal to agree with engineering change notice programs, (5) negligence by any person other than CTERA or CTERA’s authorized agents, (6) misuse, abuse, accident, electrical irregularity, theft, vandalism, fire, water or other peril, (7) damage caused by containment and/or operation outside the environmental specifications for the Hardware Products, (8) alteration or connection of the Hardware Products to other systems, equipment or devices (other than those specifically approved by CTERA) without the prior approval of CTERA, or (9) any use that is inconsistent with the user manual supplied with the Hardware Product.

Limitation of Liability. NOTWITHSTANDING ANYTHING ELSE IN THIS WARRANTY OR OTHERWISE, NEITHER CTERA NOR ITS SUPPLIERS WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS WARRANTY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, REGARDLESS OF WHETHER CTERA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) FOR ANY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST DATA OR LOST PROFITS. IN THE EVENT THAT CTERA FAILS TO EITHER REPAIR OR REPLACE THE NONCONFORMING HARDWARE COMPONENT IN ACCORDANCE WITH THIS WARRANTY, YOU SHALL ONLY BE ENTITLED, AS A SOLE AND EXCLUSIVE REMEDY, TO A REFUND OF THE AMOUNT PAID FOR THE HARDWARE PRODUCT.