warranty period on the defective product, or a period of ninety (90) days, whichever is longer. If Novatel
Wireless is unable to repair or replace a defective product covered by this limited warranty, Novatel
Wireless will provide to purchaser a credit or a refund (at Novatel Wireless's option) of the original
purchase price (excluding taxes and shipping charges). Any returned and replaced product, or any
product for which Novatel Wireless has furnished a credit or a refund, becomes the property of Novatel
Wireless.
Novatel Wireless shall not have any obligation to provide any firmware bug fixes, upgrades or new
releases except as may be necessary to correct any covered defect of which purchaser notifies Novatel
Wireless in writing during the warranty period. Novatel Wireless, from time to time and in its sole
discretion, may make available for download on its website (www.nvtl.com), or may provide via email,
certain firmware bug fixes, upgrades or new releases for the product. Download and use of any such
bug fixes, upgrades or new releases is subject to all of the applicable terms and conditions of Novatel
Wireless's technical support policy as posted and updated on its website. Novatel Wireless shall have no
obligation under this limited warranty for (a) normal wear and tear; (b) the cost of procurement of
substitute products; or (c) any defect that is (i) discovered by purchaser during the warranty period but
for which purchaser does not request an RMA number from Novatel Wireless, as required above, until
after the end of the warranty period, (ii) caused by any accident, misuse, abuse, improper installation,
handling or testing, or unauthorized repair or modification of the product, (iii) caused by use of any
materials not supplied by Novatel Wireless, or by use of the product other than in accordance with its
documentation, or (iv) the result of electrostatic discharge, electrical surge, fire, flood or similar causes.
The purchaser (or its customers, as applicable) shall be solely responsible for the proper configuration,
testing and verification of the Novatel Wireless product prior to deployment in the field, and for ensuring
that any end user product or system into which the Novatel Wireless product is integrated or
incorporated operates as intended and meets the requirements of purchaser (or its customers). Novatel
Wireless shall have no responsibility whatsoever for the integration, configuration, testing, verification,
installation, upgrade, support or maintenance of any such end user product or system, or for any
liabilities, damages, costs or expenses associated therewith.
NOVATELWIRELESS'S SOLE RESPONSIBILITY AND PURCHASER'S SOLE REMEDY UNDER THIS LIMITED
WARRANTY SHALL BE FOR NOVATELWIRELESS TO REPAIR OR REPLACE THE PRODUCT (OR IF REPAIR
OR REPLACEMENT IS NOT POSSIBLE, PROVIDE A CREDIT OR REFUND OF THE PURCHASE PRICE) AS
PROVIDED ABOVE. NOVATELWIRELESS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF NON-
INFRINGEMENT, MERCHANTABILITY, SATISFACTORY PERFORMANCE AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT SHALL NOVATELWIRELESS BE LIABLE FOR ANY INDIRECT, SPECIAL,
EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS
OR INTERRUPTION OF USE, DATA, REVENUES OR PROFITS) RESULTING FROM A BREACH OF THIS
WARRANTY OR BASED ON ANY OTHER LEGAL THEORY, EVEN IF NOVATELWIRELESS HAS BEEN
ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
Some jurisdictions may require a longer warranty period than specified above and, accordingly, for
products sold in those jurisdictions the applicable warranty period shall be extended as required under
the laws of those jurisdictions. Furthermore, some jurisdictions may not allow the disclaimer of implied
warranties or the exclusion or limitation of incidental or consequential damages, so the above
disclaimer, limitation or exclusion may not apply to products sold in those jurisdictions. This limited
MT 4100 User Guide 46
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