User Manual Part 2
Lynx.GX Installation and Management
(d) Proxim is not responsible for Equipment received without an RMA Number and may reject the return of such Equipment.
PROXIM IS ALSO NOT RESPONSIBLE FOR ANY OF YOUR CONFIDENTIAL, PROPRIETARY OR OTHER INFORMATION
OR DATA CONTAINED IN EQUIPMENT YOU RETURN TO PROXIM. You should remove any such information or data from the
Equipment prior to making any return to Proxim.
(e) The replacement or repair of Equipment in locations outside of the United States may vary depending on your location.
(f) FAILURE TO FOLLOW THE PROCEDURES FOR RETURNS LISTED ABOVE MAY VOID THE LIMITED WARRANTY.
3.2 If the Equipment does not function as warranted, as determined by Proxim in its sole discretion, Proxim shall either repair or replace
the returned Equipment at its sole option.
(a) The replacement Equipment or parts may be new or refurbished. All parts removed from repaired Equipment and all returned
Equipment that is replaced by Proxim become the property of Proxim.
(b) Proxim shall, at its cost (which shall not include international customs, freight forwarding, or associated fees) ship the repaired or
replacement Equipment to any destination, by carrier and method of delivery chosen by Proxim, in its sole discretion. Proxim will
not pay, and you will be solely responsible for, any international customs, freight forwarding, or other associated fees related to
such shipment. If you request some other form of conveyance, such as express shipping, you must pay the cost of return
shipment.
3.3 Equipment which is repaired or replaced by Proxim under this Limited Warranty shall be covered under all of the provisions of this
Limited Warranty for the remainder of the applicable Warranty Period or ninety (90) days from the date of shipment of the repaired or
replacement Equipment, whichever period is longer.
4. LIMITATIONS OF RIGHTS AND DISCLAIMER OF OTHER WARRANTIES
4.1 THE LIMITED WARRANTY CONTAINS LlMITATIONS ON YOUR RIGHTS AND REMEDIES AGAINST PROXIM. YOU
ACKNOWLEDGE HAVING READ, UNDERSTOOD AND AGREED TO THOSE LIMITATIONS.
4.2 Proxim does not warrant that the functions contained in the Equipment will meet your requirements or that any Equipment's operation
will be uninterrupted or error free. REPAIR OR REPLACEMENT OF THE EQUIPMENT AS PROVIDED HEREIN IS THE EXCLUSIVE
REMEDY AVAILABLE TO YOU, AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. ALL OTHER WARRANTIES
ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT FOR THE LIMITED WARRANTY PROVIDED
HEREIN, THE EQUIPMENT IS PROVIDED "AS IS". No dealer, agent, or employee is authorized to make any modification, extension,
or addition to the Limited Warranty.
5. LIMITATION OF LIABILITY
PROXIM SHALL NOT BE LIABLE TO YOU FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, LOST PROFITS) OF ANY KIND SUSTAINED OR INCURRED IN CONNECTION WITH, OR
RELATED TO, THE EQUIPMENT OR YOUR USE OF THE EQUIPMENT REGARDLESS OF THE FORM OF ACTION OR NATURE
OF THE CLAIM (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, NEGLIGENCE
OR STRICT LIABILITY) AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, AND EVEN IF PROXIM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS. IN NO CASE WILL PROXIM BE LIABLE FOR ANY REPRESENTATION OR
WARRANTY MADE BY ANY PARTY OTHER THAN PROXIM. PROXIM'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE
AMOUNT PAID BY YOU FOR THE EQUIPMENT AT ISSUE. This limitation of liability also applies to Proxim's authorized resellers
and distributors and it is the maximum amount for which Proxim and the reseller or distributor who sold you the Equipment are
collectively responsible.
6. DISCLAIMERS
This Limited Warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, may not allow limitations on how
long an implied warranty lasts, and may not allow provisions that permit a warranty to be voided. Consequently, such limitations and
exclusions may not apply to you. In the event an implied warranty cannot be excluded under the law of the applicable jurisdiction, it is
limited in duration to the applicable Warranty Period.
7. MISCELLANEOUS
7.1 Transfer. You may not transfer or assign this Limited Warranty. Any transfers or assignments made in violation of this Paragraph shall
be void.
7.2 Governing Law. The Limited Warranty shall be governed by the laws of the State of California, without reference to its conflicts of laws
provisions. The United Nations Convention on the International Sale of Goods shall not apply to this Limited Warranty.
7.3 Arbitration/Dispute Resolution. Any dispute, controversy or claim arising out of or in connection with the Equipment shall be
finally resolved by arbitration under the International Arbitration Rules of the American Arbitration Association. The place of
arbitration shall be Sunnyvale, California. The number of arbitrators shall be one. The language of arbitration shall be English.
7.4 Indemnification. You shall indemnify and hold harmless Proxim (including its directors, officers, employers and agents)
against any and all claims (including all expenses and reasonable attorneys' fees) arising from or relating to the operation of
the Equipment due to, in whole or in part, your (including your agents' or employees') negligence, gross negligence or
misconduct.
Warranty 102