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PUNITIVE DAMAGES REGARDLESS OF HOW THOSE DAMAGES WERE CAUSED. NOR
WILL TRAPEZE NETWORKS, ITS SUPPLIERS, OR ITS AUTHORIZED RESELLERS BE
LIABLE FOR ANY MONETARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF,
OR INABILITY TO USE TRAPEZE NETWORKS HARDWARE OR SOFTWARE. TRAPEZE
NETWORKS' LIABILITY SHALL NOT EXCEED THE PRICE PAID BY THE CUSTOMER FOR
ANY HARDWARE OR SOFTWARE COVERED UNDER THE TERMS AND CONDITIONS OF
THIS WARRANTY. THIS LIMITATION OF LIABILITY AND RESTRICTION ON DAMAGES
APPLIES WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, AND SHALL
APPLY EVEN IF THE LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
WARRANTY LAWS VARY FROM JURISDICTION TO JURISDICTION, AND THE ABOVE
LIMITATIONS AND EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES MAY
NOT APPLY TO YOU, DEPENDING UPON YOUR STATE, COUNTRY OR JURISDICTION.
8. Procedures for Return of Hardware or Software under the Limited Warranty
Where repair or replacement is required under the Limited Warranty, Customer will contact
Trapeze Networks and obtain a Return Materials Authorization number ("RMA Number") prior to
returning any hardware and/or software, and will include the Trapeze Networks RMA Number on
all packaging. Trapeze Networks will ship repaired or replacement components within a
commercially reasonable time after receipt of any hardware and/or software returned for the
Limited Warranty purposes to the address provided by Customer. Customer will pay freight and
handling charges for defective return to the address specified by Trapeze Networks and Trapeze
Networks will pay freight and handling charges for return of the repair or replacement materials
to Customer.
9. Miscellaneous
The Limited Warranty shall be governed by and construed in accordance with the laws of the
State of California without reference to that State's conflict of laws rules and as if the contract
was wholly formed within the State of California. Customer agrees that jurisdiction and venue
shall be in Santa Clara County, California. Under no circumstances shall the United Nations
Convention on the International Sale of Goods be considered for redress of grievances or
adjudication of any warranty disputes that include Trapeze Networks hardware or software. If
any provision of these Terms and Conditions of Sale are held invalid, then the remainder of these
Terms and Conditions of Sale will continue in full force and effect. Where a Customer has entered
into a signed contractual agreement with Trapeze Networks for supply of hardware, software or
services, the terms of that agreement shall supersede any terms contained within this Limited
Warranty. Customer understands and acknowledges that the terms of this Limited Warranty, as
well as material information regarding the form, function, operation and limitations of Trapeze
Networks hardware and software will change from time to time, and that the most current
revisions will be publicly available at the Trapeze Networks corporate web site
(www.trapezenetworks.com).
Trapeze Networks, the Trapeze Networks logo design, Trapeze Networks Mobility System
Software, MX, MP, RingMaster, Mobility System, Mobility Exchange, Mobility Point, SafetyNet,
and Trapeze RingMaster are registered trademarks and/or registered service marks of Trapeze
Networks, Inc. Trapeze, Trapeze Smart Mobile, Smart Mobile, Trapeze Mobility System, Trapeze
Networks Mobility System, Trapeze Mobility System Software, Trapeze Networks Mobility
System Software, Mobility System Software, Mobility Exchanges, Trapeze Mobility Exchange,
Trapeze Networks Mobility Exchange, Trapeze MP, MXR-2, MX-8, MX-216, MX-200, MX-400,
MP-372, MP-620, MXR, Trapeze Networks MSS, MSS, Trapeze Networks MP, Trapeze MP,
Trapeze Mobility Point, Trapeze Networks Mobility Point, Indoor Mobility Point, Outdoor
Mobility Point, Mobility Domains, Network Domains, ActiveScan, SentryScan, Automatic
Distributed Access Point, Auto-DAP, and Wireless Without Limits are trademarks and/or service
marks of Trapeze Networks, Inc.
© 2009 Trapeze Networks, Inc. All rights reserved.
6


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