User's Manual

Warranty

Version 1.0

(b) If the problem is not resolved over the telephone, the Customer shall

attach a DragonWave Repair and Return Form to each returned item

describing the fault and the Customer’s return address. The Customer

shall, at its cost, properly pack the item to be returned, prepay the

insurance and shipping charges, and ship the item to the specified

location.

or workmanship upon examination by DragonWave Inc., DragonWave

Inc. shall either repair or replace the returned item at its sole option. The

replacement item can be new or refurbished; if refurbished, it shall be

equivalent in operation to new Equipment. If a returned item is replaced

by DragonWave Inc., the Customer agrees that the returned item shall

become the property of DragonWave Inc.

(d) DragonWave Inc. shall, at its cost, ship the repaired item or replacement

to any destination within the United States of America (USA) or within

Canada by carrier and method of delivery chosen by DragonWave Inc. If

the Customer has requested some other form of conveyance, such as

express shipping, or is located beyond the borders of the USA or Canada,

then the Customer shall pay the cost of return shipment.

3.5. Default and Termination

(a) DragonWave Inc. can immediately terminate this Warranty and all of its

performance under this Warranty, upon notification to the Customer, if the

Customer:

i. makes any unauthorized modifications to the Equipment;

ii. violates or allows others to violate, the protection afforded

DragonWave Inc. under applicable Canadian and international

limited to, copying, translating, modifying, creating derivative

works, reverse engineering, decompiling or otherwise using the

Equipment except as expressly permitted by written consent from

DragonWave Inc.;

iii. assigns or transfers the Customer’s rights or obligations under this

Warranty without the written consent of DragonWave Inc.:

1. Becomes bankrupt or insolvent, or is put into receivership;

2. Has not paid DragonWave Inc. all amounts for the

Equipment, services or other additional charges within

thirty (30) days’ receipt of written notice from DragonWave

Inc.

(b) If this Warranty is terminated by DragonWave Inc., the Customer shall

remain liable for all amounts due DragonWave Inc.