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9.2 In the event of an infringement allegation for which ARRIS is obli-
gated to indemnify You, ARRIS may at its discretion: (i) obtain a li-
cense that allows You to continue to use the accused Products, (ii)
replace or modify the accused Products with changes that reasonably
meet the ARRIS specification, so as to be non-infringing, or (iii) if (i)
and (ii) are not commercially reasonable, repurchase ARRIS’ provided
Products at its depreciated value based on a three-year amortization
rate. If ARRIS provides any one of the options set forth in clauses (i)
through (iii) above, ARRIS’ indemnity obligation under this Agreement
shall be entirely fulfilled. ARRIS liability for patent infringement indem-
nification in this section shall not exceed the amount You paid for the
Products finally found to infringe a valid US patent.
10. LIMITED WARRANTY
IF YOU ACQUIRED THE PRODUCTS FROM ANYONE OTHER THAN ARRIS
YOU DO NOT RECEIVE ANY OF THE WARRANTIES DIRECTLY FROM AR-
RIS. YOUR EXCLUSIVE WARRANTY, IF ANY, COMES FROM THE PARTY
FROM WHOM YOU ACQUIRED THE PRODUCTS: IN WHICH CASE THE
REMAINDER OF THIS DOCUMENT, EXCEPT FOR THE ARRIS TOUCH-
STONE PRODUCTS SAFETY INFORMATION, DOES NOT APPLY TO YOU.
11. SOFTWARE WARRANTY
ARRIS warrants to the original purchaser that for ninety (90) days
from the ship date of the original ARRIS branded Software (the "Soft-
ware Warranty Period"), the Software will perform in substantial con-
formance with the technical specifications for such Software set forth
in the Documentation. Your sole and exclusive remedy, and ARRIS"
sole and exclusive liability under this Section 11 (Software Warranty)
shall be, at ARRIS" option: (i) to use commercially reasonable efforts
to correct any reproducible errors that You identify in writing during
the Software Warranty Period which renders the Software non-con-
forming, (ii) to replace the Software with functionally equivalent soft-
ware or (iii) to accept Your return of the Software, if applicable. ARRIS
does not warrant that the Software will work in combination with any
hardware or application software products provided by third parties
not supplied or approved by ARRIS, that the operation of the Software
will be uninterrupted or error free, or that all defects in the Software
can be corrected. ARRIS shall not have any obligation or liability with
respect to this Section 11 for any errors or any defects in the Software
upon expiration of the Software Warranty Period.
12. HARDWARE WARRANTY
12.1 ARRIS warrants to the original Purchaser of the hardware that un-
der normal use and service, for twelve (12) months from the ship date
(the "Hardware Warranty Period") of the Hardware, it will be free from
defects in material and workmanship. Your sole and exclusive remedy
and ARRIS’ sole and exclusive liability under this Section 12 shall be,
at ARRIS’ option: (i) to use commercially reasonable efforts to correct
any reproducible Hardware errors that You identify in writing during
the Hardware Warranty Period which renders the Hardware non-con-
forming, (ii) to replace the Hardware or (iii) accept return of the Hard-
ware from Purchaser. ARRIS shall not be responsible for any of Your or
third party software, firmware, information or memory data contained
in, stored on, or integrated with any Hardware Products returned to
ARRIS pursuant to any Warranty provided under this Agreement.
12.2 ARRIS does not warrant (1) physical damage to the surface of the
products, including cracks or scratches on the casing; (2) damage
caused by misuse, neglect, improper installation or testing, unautho-
rized attempts to open, repair or modify the products, or any other
cause beyond the range of the intended use; (3) damage caused by
accident, fire, power changes, other hazards, or acts of God.
12.3 Battery Pack. If Your product has a battery pack, ARRIS warrants
that the battery pack will be free from defects in workmanship and ma-
terials, under normal use, for twelve (12) months from its ship date.
This warranty is void if the ARRIS battery pack is used in any other
vendors equipment.
13. WARRANTY CLAIMS
To make a return under the Warranty above, You must contact the AR-
RIS Repair Services center within the applicable warranty period, in
writing, by sending an email to support@arrisi.com to obtain an ARRIS
Return Material Authorization number (RMA). The authorized RMA
number You receive from ARRIS must be marked on the outside pack-
