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Xirrus Support Program Terms and Conditions

The Xirrus Support Program (the Support Program) is effective (Effective Date) for specific Xirrus hardware and
software Product(s) from either the date of initial Product shipment (Product Shipment Date) when purchased
coincident with the associated Product(s), or from the date of enrollment if purchased at a later date. Subject to the
terms and conditions herein, Xirrus shall provide Support Services (Support Services) to the end user customer
(Customer) for those Products covered by this Support Program.
1.0 TERM
1.1 The term of the Support Program shall be measured in one (1), three (3) or five (5) year increments from the
Effective Date or such other period as defined in a co-terminous custom quote. Any renewal purchase of the Support
Program shall commence on the expiration date of the previous term.
2.0 ELIGIBILITY
2.1 The Support Program only covers the Xirrus hardware and software identified by serial number as of the Effective
Date and any replacement Product, Part, or Software Upgrade provided hereunder.
2.2 Xirrus requires that when a Support Program is purchased for a particular product, any and all units of the same
product category purchased at any time by Customer must be covered by the Support Program.
2.3 Software support under the Support Program will only be provided on Products that contain the most current or
immediately preceding version of Xirrus software and/or firmware and that were installed and maintained in
accordance with the specifications set forth in the user guide furnished with each Product.
3.0 RETROACTIVE ENROLLMENT
3.1 In the event that the Support Program for some or all of Customers product lapses, retroactive enrollment is
available by a) purchasing the Support Program from the current date forward in a minimum one (1) year increment; b)
purchasing the Support Program from the lapse date through the current date (Catch Up Amount); and c) paying a
penalty equal to 50% of the Catch Up Amount.
3.2 Once Customer is current, they may purchase subsequent Support Program renewals at standard pricing.
3.3 The terms of section 2.2 above apply to any retroactive enrollment in the Support Program.
4.0 SUPPORT SERVICE EXCLUSIONS
4.1 Any misuse or negligent use of a Product or part, including replacement of parts or repair of damage, and any use
other than its intended use, or use outside the environmental range specified by Xirrus shall invalidate Xirrus
obligation to provide Support Services.
4.2 Any damage to the Product resulting from unusual external causes including, but not limited to, power failure,
power surges, air conditioning failure, humidity, improper input/output signals to Xirrus connections, Customers
other software not previously approved by Xirrus, accident, fire, explosion or acts of God, shall not be covered by the
Support Services
4.3 Some Support Services may not be available in all locations and may be restricted in some countries due to
governmental regulations. Where export restrictions exist, software will not be supplied. Xirrus may suspend Support
Services if Customer delivers technical data or Product in violation of the applicable export regulations.
4.4 Any Software Upgrade that is considered a new product or a chargeable upgrade by Xirrus, for which there will be
a separate cost, shall not be covered by the Support Services.
5.0 LIMITED WARRANTY
5.1 Xirrus warrants that the repaired or replacement hardware Product or part will be free from defects in material and
workmanship for a period of ninety (90) days from the date of shipment, or the remainder of the original Product
Warranty period, or the remainder of the Support Services term, whichever is longer. Xirrus sole obligation under this
limited warranty shall be, at Xirrus sole option, to repair or replace any defective hardware Product or part. Software
Upgrades are covered by the limited Product Warranty accompanying those Software Upgrades, if applicable, or the
warranty accompanying the original version of the software.
5.2 Xirrus technical engineers will provide quality technical support in accordance with generally recognized business
practices and standards.
5.3 TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR

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IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING


WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND SATISFACTORY QUALITY. XIRRUS WARRANTIES CONTAINED HEREIN RUN ONLY TO
CUSTOMER, AND ARE NOT EXTENDED TO ANY THIRD PARTIES. XIRRUS NEITHER ASSUMES NOR
AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH
THE SERVICES PROVIDED UNDER THIS SUPPORT PROGRAM. XIRRUS SHALL NOT BE LIABLE UNDER
THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THAT AN ALLEGED DEFECT IN THE
EQUIPMENT OR SOFTWARE DOES NOT EXIST OR WAS CAUSED BY CUSTOMERS OR ANY THIRD
PERSONS MISUSE, NEGLIGENCE, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED
ATTEMPTS TO REPAIR OR MODIFY, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED
USE, OR BY ACCIDENT, FIRE, LIGHTNING OR OTHER HAZARD.
6.0 LIMITATION OF LIABILITY
6.1 Xirrus shall not be liable for any damages arising from performance or non-performance of the Product.
6.2 Xirrus shall not be responsible for any software, firmware, information or memory data of Customer contained in,
stored on, or integrated with any Product returned to Xirrus under this Support Program.
6.3 TO THE FULL EXTENT ALLOWED BY LAW, THE PARTIES EXCLUDE ANY LIABILITY, WHETHER
BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS,
LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF
OR IN CONNECTION WITH THE PERFORMANCE OF SUPPORT SERVICES UNDER THIS SUPPORT
PROGRAM EVEN IF ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE
DISCLAIMERS OF LIABILITY FOR DAMAGES CONTAINED HEREIN WILL NOT BE AFFECTED IF ANY
REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
7.0 GENERAL
7.1 These Terms and Conditions of the Support Program are intended as the complete statement of the terms of the
agreement between the parties relating to Support Services.
7.2 If either party is prevented from carrying out any of its obligations under this Support Program due to any
circumstance beyond its reasonable control including, without limitation, acts of government or God, interruption of
power supplies, interference by a third party, industrial disputes, earthquake or other natural disaster, the party affected
shall be excused from performance of such obligation for the duration and to the extent of such preventing
circumstance.
7.3 A waiver of any default hereunder or of any of the terms and conditions of this Support Program shall not be
deemed to be a continuing waiver or a waiver of any other default or of any other term or condition. In the event any
provision of this Support Program is found to be invalid, illegal or unenforceable, the validity, legality and
enforceability of any of the remaining provisions shall not be affected thereby.
7.4 Neither this Support Program nor any of the rights or obligations can be assigned or transferred without the prior
written consent of both parties. However, Xirrus has the right (a) to assign all of its rights and obligations in the case of
a merger, consolidation or sale of substantially all its assets or substantially all the assets of a particular product line or
business line which is included within the terms of this Support Program, (b) to designate a sub-contractor to provide
the Support Services, and (c) to assign the right to receive payment.
7.5 The validity, performance, construction, and interpretation of this Support Program shall be governed by the laws
of the State of California, excluding conflicts of laws principles and excluding the United Nations Convention on
Contracts for the International Sale of Goods.

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