Subject to the provisions herein, Ruckus warrants that for a period of ninety (90) days following the date of Ruckus’ shipment of the Product, the software components in the Products, when unmodified and used in the manner contemplated in the Documentation, will perform substantially in accordance with the accompanying Product Documentation. In the event that a Product fails to meet the requirements of the foregoing limited warranty, Ruckus will use reasonable commercial efforts to, at its option, (a) modify such software in a manner that corrects the defect; or (b) replace the defective software with substantially equivalent software at no additional charge. This warranty does not apply to any Products that have been modified, altered, or used outside their specified operating conditions.

Subject to the provisions below, Ruckus warrants that for a period of one (1) year following the date of Ruckus’ shipment of the Products, the Products (excluding the software components in the Products) will operate substantially in accordance with the accompanying Product Documentation Should a Product (excluding the software components in the Products) fail to perform as described above within this warranted period, at Ruckus’ option, it will be repaired or replaced with the same or a substantially equivalent product.

Replacement products may be new, refurbished or contain refurbished materials. This limited warranty does not apply if, in the judgment of Ruckus, the Product fails due to damage from shipment, handling, storage, accident, abuse or misuse, or if it has been used or maintained in a manner not conforming to Product manual instructions, has been modified in any way or has had the Serial Number or MAC address removed or defaced. The maximum liability of Ruckus under this warranty is limited to the purchase price of the Product covered by the warranty.

Products purchased through a reseller, shall be returned solely to such reseller. If the Products should require warranty service from Ruckus, Buyer must contact Ruckus within the applicable warranty period to obtain a Return Material Authorization (RMA) number before returning the respective Product to Ruckus together with a dated proof of purchase. Products must be sent prepaid and packaged appropriately for safe shipment and Ruckus shall not be liable for any damage or loss resulting from shipment or handling and is not responsible for Products received without a RMA. Replacement or modification of defective software may be provided via electronic download or such other means determined by Ruckus.

The limited software and hardware warranties and remedies stated above are exclusive and in lieu of all others, oral or written, express, implied or statutory. Any and all other warranties, including implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third party rights, quiet enjoyment and accuracy are expressly excluded. If the Products do not perform and operate as warranted above, Ruckus’ liability and Your sole remedies for breach of these warranties shall be the ones set forth above. Ruckus shall not under any circumstances be liable to any party for any special, incidental, indirect or consequential damages resulting from use or malfunction of the Products, loss of profits or revenues or costs of replacement goods, even if Ruckus is informed in advance of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

The laws of the State of California shall govern this Limited Warranties. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the limitations in the software and hardware warranties above may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.