All rights reserved. This document may not be reproduced or
disclosed in whole or in part by any means without the written
consent of Xirrus, Inc.
Part Number: 800-0006-001
(Revision E)
Trademarks
is a trademark of Xirrus, Inc. All other trademarks and brand names
are marks of their respective holders.
Notices
FCC Notice
This device complies with Part 15 of the FCC Rules, with operation subject to the
following two conditions: (1) This device may not cause harmful interference, and
(2) this device must accept any interference received, including interference that
may cause unwanted operation.
This equipment has been tested and found to comply with the limits for a Class A
digital device, pursuant to Part 15 of the FCC rules. These limits are designed to
provide reasonable protection against harmful interference in a residential
installation. This equipment generates, uses and can radiate RF energy and, if not
installed and used in accordance with the instructions, may cause harmful
interference to radio communications. However, there is no guarantee that
interference will not occur in a particular installation. If this equipment does
cause harmful interference to radio or television reception, which can be
determined by turning the equipment off and on, the user is encouraged to try to
correct the interference by one or more of the following safety measures:
zReorient or relocate the receiving antenna.
zIncrease the separation between the equipment and the receiver.
zConsult the dealer or an experienced wireless technician for help.
Use of a shielded twisted pair (STP) cable must be used for all Ethernet
connections in order to comply with EMC requirements.
RF Radiation Hazard Warning
To ensure compliance with FCC RF exposure requirements, this device must be
installed in a location where the antennas of the device will have a minimum
distance of at least 25 cm (9.84 inches) from all persons. Using higher gain
antennas and types of antennas not certified for use with this product is not
allowed. The device shall not be co-located with another transmitter.
Non-Modification Statement
Unauthorized changes or modifications to the device are not permitted. Use only
the supplied internal antenna, or external antennas supplied by the manufacturer.
Modifications to the device will void the warranty and may violate FCC
regulations. Please go to the Xirrus Web site for a list of all approved antennas.
Indoor Use
This product has been designed for indoor use. Operation of channels in the
5150MHz to 5250MHz band is permitted indoors only to reduce the potential for
harmful interference to co-channel mobile satellite systems.
Maximum Antenna Gain
Currently, the maximum antenna gain for external antennas is limited to 5.2dBi
for operation in the 2400MHz to 2483.5MHz, 5150MHz to 5250MHz and
5725MHz to 5825MHz bands. The antenna gains must not exceed maximum EIRP
limits set by the FCC / Industry Canada.
High Power Radars
High power radars are allocated as primary users (meaning they have priority) in
the 5150MHz to 5250MHz and 5650MHz to 5850MHz bands. These radars could
cause interference and/or damage to LELAN devices used in Canada.
Industry Canada Notice and Marking
This Class A digital apparatus complies with Canadian ICES-003.
Cet appareil numérique de la classe A est conforme à la norme NMB-003 du Canada.
The term “IC:” before the radio certification number only signifies that Industry
Canada technical specifications were met.
To reduce potential radio interference to other users, the antenna type and its gain
should be so chosen that the equivalent isotropically radiated power (EIRP) is not
more than that required for successful communication.
EU Directive 1999/5/EC Compliance Information
This section contains compliance information for the Xirrus Wireless LAN Array
family of products, which includes the XS-3900, XS-3700 and XS-3500. The
compliance information contained in this section is relevant to the European
Union and other countries that have implemented the EU Directive 1999/5/EC.
Declaration of Conformity
Cesky [Czech] Toto zahzeni je v souladu se základnimi požadavky a
ostatnimi odpovidajcimi ustano veni mi Sm
1999/5/EC.
Dansk [Danish] Dette udstyr er i overensstemmelse med de
væsentlige krav og andre relevante bestemmelser i
Direktiv 1999/5/EF.
Deutsch [German] Dieses Gerat entspricht den grundlegenden
Anforderungen und den weiteren entsprechenden
Vorgaben der Richtinie 1999/5/EU.
Eesti [Estonian] See seande vastab direktiivi 1999/5/EU olulistele
nöuetele ja teistele as jakohastele sätetele.
English This equipment is in compliance with the essential
requirements and other relevant provisions of
Directive 1999/5/EC.
Č
rnice
Español [Spain] Este equipo cump le con los requisitos esenciales asi
como con otras disposiciones de la Directiva 1999/5/
CE.
Français [French] Cet appareil est conforme aux exigences essentielles
et aux autres dispositions pertinentes de la Directive
1999/5/EC.
Ď
slenska [Icelandic]
Þetta tæki er samkvæmt grunnkröfum og öðrum
viðeigandi ákvæðum Tilskipunar 1999/5/EC.
Italiano [Italian] Questo apparato é conforme ai requisiti essenziali ed
agli altri principi sanciti dalla Direttiva 1999/5/CE.
Latviski [Latvian] ŠƯ iekƗrta atbilst DirektƯvas 1999/5/EK bnjtiskajƗ
prasƯbƗm un citiem ar to saistƯtajiem noteikumiem.
Lietuviǐ [Lithuanian] Šis Ƴrenginys tenkina 1995/5/EB Direktyvos
esminius reikalavimus ir kitas šios direktyvos
nuostatas.
Nederlands [Dutch] Dit apparant voldoet aan de essentiele eisen en
andere van toepassing zijnde bepalingen van de
Richtlijn 1995/5/EC.
Malti [Maltese] Dan l-apparant huwa konformi mal-htigiet essenzjali
u l-provedimenti l-o
5/EC.
Margyar [Hungarian] Ez a készülék teljesiti az alapvetö követelményeket
és más 1999/5/EK irányelvben meghatározott
vonatkozó rendelkezéseket.
Norsk [Norwegian] Dette utstyret er i samsvar med de grunnleggende
krav og andre relevante bestemmelser i EU-direktiv
1999/5/EF.
hra rilevanti tad-Direttiva 1999/
Polski [Polish] Urządzenie jest zgodne z ogólnymi wymaganiami
oraz sczególnymi mi warunkami okreĞlony mi
Dyrektywą. UE:1999/5/EC.
Portuguès [Portugese] Este equipamento está em conformidade com os
requisitos essenciais e outras provisões relevantes da
Directiva 1999/5/EC.
Slovensko [Slovenian] Ta naprava je skladna z bistvenimi zahtevami in
ostalimi relevantnimi popoji Direktive 1999/5/EC.
Slovensky [Slovak] Toto zariadenie je v zhode so základnými
požadavkami a inými prislušnými nariadeniami
direktiv: 1999/5/EC.
Suomi [Finnish] Tämä laite täyttää direktiivin 1999/5//EY olennaiset
vaatimukset ja on siinä asetettujen muiden laitetta
koskevien määräysten mukainen.
Svenska [Swedish] Denna utrustning är i överensstämmelse med de
väsentliga kraven och andra relevanta bestämmelser
i Direktiv 1999/5/EC.
Assessment Criteria
The following standards were applied during the assessment of the product
against the requirements of the Directive 1999/5/EC:
zRadio: EN 301 893 and EN 300 328 (if applicable)
zEMC: EN 301 489-1 AND en 301 489-17
zSafety: EN 50371 to EN 50385
CE Marking
For the Xirrus Wireless LAN Array (XS-3900, XS-3700 and XS-3500), the CE mark
and Class-2 identifier opposite are affixed to the equipment and its packaging:
WEEE Compliance
zNatural resources were used in the production of
this equipment.
zThis equipment may contain hazardous substances
that could impact the health of the environment.
zIn order to avoid harm to the environment and
consumption of natural resources, we encourage
you to use appropriate take-back systems when
disposing of this equipment.
zThe appropriate take-back systems will reuse or
recycle most of the materials of this equipment in a
way that will not harm the environment.
zThe crossed-out wheeled bin symbol (in
accordance with European Standard EN 50419)
invites you to use those take-back systems and
advises you not to combine the material with
refuse destined for a land fill.
zIf you need more information on collection, re-use
and recycling systems, please contact your local or
regional waste administration.
zPlease contact Xirrus for specific information on the
environmental performance of our products.
National Restrictions
In the majority of the EU and other European countries, the 2.4 GHz and 5 GHz
bands have been made available for the use of Wireless LANs. The following table
provides an overview of the regulatory requirements in general that are
applicable for the 2.4 GHz and 5 GHz bands.
Frequency Band
(MHz)
Max Power Level
(EIRP) (mW)
Indoor
ONLY
Outdoor
ONLY
2400–2483.5100XX**
5150–5350*200XN/A
5470–5725*1000XX
*Dynamic frequency selection and Transmit Power Control is required in these
frequency bands.
**France is indoor use only in the upper end of the band.
The requirements for any country may change at any time. Xirrus recommends
that you check with local authorities for the current status of their national
regulations for both 2.4 GHz and 5 GHz wireless LANs.
The following countries have additional requirements or restrictions than those
listed in the above table:
Belgium
The Belgian Institute for Postal Services and Telecommunications (BIPT) must
be notified of any outdoor wireless link having a range exceeding 300 meters.
Xirrus recommends checking at
www.bipt.be for more details.
Draadloze verbindingen voor buitengebruik en met een reikwijdte van meer dan 300
meter dienen aangemeld te worden bij het Belgisch Instituut voor postdiensten en
telecommunicatie (BIPT). Zie
www.bipt.be voor meer gegevens.
Les liasons sans fil pour une utilisation en extérieur d’une distance supérieure à 300
mèters doivent être notifiées à l’Institut Belge des services Postaux et des
Télécommunications (IBPT). Visitez
www.bipt.be pour de plus amples détails.
France
The use of the band from 5470 MHz to 5725 MHz is not allowed in France.
The band from 5150 MHz to 5350 MHz can only be used indoors. If the
product is used outdoors, the use of any 5 GHz frequency is not allowed, and
power output is restricted in some portions of the 2.4 GHz band. Refer to the
following table or go to
L’utilisation de la bande 5470 MHz à 5725 MHz n’est pas autorisée en France. La
bande de 5150 MHz à 5350 MHz ne peut être utilisée qu’ à l’intérieur d’un bâtiment.
Dans le cas d’une utilisation en extérieur aucune fréquence dans le bandes des 5 GHz
n’est permise, tandis que la puissance est limitée dans certaines parties de la bande
des 2.4 GHz. Reportez-vous à la suivre table ou visitez www.art-telecom.fr pour de
plus amples détails.
The following table shows the applicable power levels for 2.4 GHz and 5 GHz
in France (Puissances utilisables dans les bandes 2.4 GHz et 5 GHz en France).
www.art-telecom.fr for more details.
Location
Indoor
(Intérieur)
Outdoor
(Extérieur)
Frequency Range
(MHz)
2400–2483.5
5150–5350
5470–5725
2400–2454
2454–2483.5
5150–5350
5470–5725
Power (EIRP)
100 mW (20 dBm)
200 mW (23 dBm)
Not allowed (Interdit)
100 mW (20 dBm)
10 mW (10 dBm)
Not allowed (Interdit)
Not allowed (Interdit)
Greece
A license from EETT is required for the outdoor operation in the 5470 MHz to
5725 MHz band. Xirrus recommends checking www.eett.gr for more details.
З дз йпхсгȕȐйкф щнеощфесйкп спхуфз ж нзух нпф фщн 5470–5725 МЗz å éôñ åôȐéùíï
åôÜȐ ьЬдейȐ фзт ЕЕФФ, пх псзгеȕôȐé óôåñȐȐь у цщнз гн з фпх ГЕЕИБ.
есйууьфесет ле фпм сейещуфп www.eett.gr
Italy
This product meets the National Radio Interface and the requirements
specified in the National Frequency Allocation Table for Italy. Unless this
wireless LAN product is operating within the boundaries of the owner’s
property, its use requires a “general authorization.” please check with
www.communicazioni.it/it/ for more details.
Questo prodotto é conforme alla specifiche di Interfaccia Radio Nazionali e rispetta il
Piano Nazionale di ripartizione delle frequenze in Italia. Se non viene installato
all’interno del proprio fondo, l’utilizzo di prodotti wireless LAN richiede una
“autorizzazione Generale.” Consultare www.communicazioni.it/it/ per maggiori
dettagli.
Noway, Switzerland and Liechtenstein
Although Norway, Switzerland and Liechtenstein are not EU member states,
the EU Directive 1999/5/EC has also been implemented in those countries.
Calculating the Maximum Output Power
The regulatory limits for maximum output power are specified in EIRP (radiated
power). The EIRP level of a device can be calculated by adding the gain of the
antenna used (specified in dBi) to the output power available at the connector
(specified in dBm).
Antennas
The Xirrus Wireless LAN Array family of products employs integrated antennas
that cannot be removed and which are not user accessible. Nevertheless, as
regulatory limits are not the same throughout the EU, users may need to adjust
the conducted power setting for the radio to meet the EIRP limits applicable in
their country or region. Adjustments can be made from the product’s
management interface—either Web Management Interface (WMI) or Command
Line Interface (CLI).
Operating Frequency
The operating frequency in a wireless LAN is determined by the access point. As
such, it is important that the access point is correctly configured to meet the local
regulations. See National Restrictions in this section for more information.
If you still have questions regarding the compliance of Xirrus products or you
cannot find the information you are looking for, please contact us at:
Xirrus, Inc.
370 North Westlake Blvd, Suite 200
Westlake Village, CA 91362
USA
Tel:1.805.497.0955
Fax: 1.805.449.1180
www.xirrus.com
Safety Warnings
Safety Warnings
!
Read all user documentation before powering this device. All Xirrus
interconnected equipment should be contained indoors. This product is
not suitable for outdoor operation. Please verify the integrity of the
system ground prior to installing Xirrus equipment. Additionally,
verify that the ambient operating temperature does not exceed 50°C.
Explosive Device Proximity Warning
!
Do not operate the XS-3900/XS-3700/XS-3500 unit near unshielded
blasting caps or in an explosive environment unless the device has been
modified to be especially qualified for such use.
Lightning Activity Warning
!
Do not work on the XS-3900/XS-3700/XS-3500 or connect or disconnect
cables during periods of lightning activity.
Circuit Breaker Warning
!
The XS-3900/XS-3700/XS-3500 relies on the building’s installation for
over current protection. Ensure that a fuse or circuit breaker no larger
than 120 VAC, 15A (U.S.) or 240 VAC, 10A (International) is used on all
current-carrying conductors.
Translated safety warnings appear on the following page.
Translated Safety Warnings
Avertissements de Sécurité
Sécurité
!
Lisez l'ensemble de la documentation utilisateur avant de mettre cet
appareil sous tension. Tous les équipements Xirrus interconnectés
doivent être installés en intérieur. Ce produit n'est pas conçu pour être
utilisé en extérieur. Veuillez vérifier l'intégrité de la terre du système
avant d'installer des équipements Xirrus. Vérifiez également que la
température de fonctionnement ambiante n'excède pas 50°C.
Proximité d'appareils explosifs
!
N'utilisez pas l'unité XS-3900/XS-3700/XS-3500 à proximité d'amorces
non blindées ou dans un environnement explosif, à moins que
l'appareil n'ait été spécifiquement modifié pour un tel usage.
Foudre
!
N'utilisez pas l'unité XS-3900/XS-3700/XS-3500 et ne branchez pas ou
ne débranchez pas de câbles en cas de foudre.
Disjoncteur
!
L'unité XS-3900/XS-3700/XS-3500 dépend de l'installation du bâtiment
pour ce qui est de la protection contre les surintensités. Assurez-vous
qu'un fusible ou qu'un disjoncteur de 120 Vca, 15 A (États-Unis) ou de
240 Vca, 10 A (International) maximum est utilisé sur tous les
conducteurs de courant.
Software Warranty and License Agreement
THIS SOFTWARE LICENSE AGREEMENT (THE “AGREEMENT”) IS A LEGAL
AGREEMENT BETWEEN YOU (“CUSTOMER”) AND LICENSOR (AS DEFINED
BELOW) AND GOVERNS THE USE OF THE SOFTWARE INSTALLED ON THE
PRODUCT (AS DEFINED BELOW). IF YOU ARE AN EMPLOYEE OR AGENT
OF CUSTOMER, YOU HEREBY REPRESENT AND WARRANT TO LICENSOR
THAT YOU HAVE THE POWER AND AUTHORITY TO ACCEPT AND TO
BIND CUSTOMER TO THE TERMS AND CONDITIONS OF THIS AGREEMENT
(INCLUDING ANY THIRD PARTY TERMS SET FORTH HEREIN). IF YOU DO
NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT RETURN THE
PRODUCT AND ALL ACCOMPANYING MATERIALS (INCLUDING ALL
DOCUMENTATION) TO THE RELEVANT VENDOR FOR A FULL REFUND OF
THE PURCHASE PRICE THEREFOR.
CUSTOMER UNDERSTANDS AND AGREES THAT USE OF THE SOFTWARE
SHALL BE DEEMED AN AGREEMENT TO THE TERMS AND CONDITIONS
GOVERNING SUCH SOFTWARE AND THAT CUSTOMER IS BOUND BY AND
BECOMES A PARTY TO THIS AGREEMENT.
1. Definitions
1.1 “Documentation” means the user manuals and all other all
documentation, instructions or other similar materials accompanying the
Software covering the installation, application, and use thereof.
1.2 “Licensor” means XIRRUS and its suppliers.
1.3 “Product” means a multi-radio access point containing four or more
distinct radios capable of simultaneous operation on four or more nonoverlapping channels.
1.4 “Software” means, collectively, each of the application and embedded
software programs delivered to Customer in connection with this
Agreement. For purposes of this Agreement, the term Software shall be
deemed to include any and all Documentation and Updates provided
with or for the Software.
1.5 “Updates” means any bug-fix, maintenance or version release to the
Software that may be provided to Customer from Licensor pursuant to
this Agreement or pursuant to any separate maintenance and support
agreement entered into by and between Licensor and Customer.
2. Grant of Rights
2.1 Software. Subject to the terms and conditions of this Agreement, Licensor
hereby grants to Customer a perpetual, non-exclusive, nonsublicenseable, non-transferable right and license to use the Software
solely as installed on the Product in accordance with the accompanying
Documentation and for no other purpose.
2.2 Ownership. The license granted under Sections 2.1 above with respect to
the Software does not constitute a transfer or sale of Licensor's or its
suppliers' ownership interest in or to the Software, which is solely
licensed to Customer. The Software is protected by both national and
international intellectual property laws and treaties. Except for the
express licenses granted to the Software, Licensor and its suppliers retain
all rights, title and interest in and to the Software, including (i) any and all
trade secrets, copyrights, patents and other proprietary rights therein or
thereto or (ii) any Marks (as defined in Section 2.3 below) used in
connection therewith. In no event shall Customer remove, efface or
otherwise obscure any Marks contained on or in the Software. All rights
not expressly granted herein are reserved by Licensor.
2.3 Copies. Customer shall not make any copies of the Software but shall be
permitted to make a reasonable number of copies of the related
Documentation. Whenever Customer copies or reproduces all or any part
of the Documentation, Customer shall reproduce all and not efface any
titles, trademark symbols, copyright symbols and legends, and other
proprietary markings or similar indicia of origin (“Marks”) on or in the
Documentation.
2.4 Restrictions. Customer shall not itself, or through any parent, subsidiary,
affiliate, agent or other third party (i) sell, rent, lease, license or
sublicense, assign or otherwise transfer the Software, or any of
Customer's rights and obligations under this Agreement except as
expressly permitted herein; (ii) decompile, disassemble, or reverse
engineer the Software, in whole or in part, provided that in those
jurisdictions in which a total prohibition on any reverse engineering is
prohibited as a matter of law and such prohibition is not cured by the fact
that this Agreement is subject to the laws of the State of California,
Licensor agrees to grant Customer, upon Customer's written request to
Licensor, a limited reverse engineering license to permit interoperability
of the Software with other software or code used by Customer; (iii) allow
access to the Software by any user other than by Customer's employees
and contractors who are bound in writing to confidentiality and non-use
restrictions at least as protective as those set forth herein; (iv) except as
expressly set forth herein, write or develop any derivative software or
any other software program based upon the Software; or (v) use any
computer software or hardware which is designated to defeat any copy
protection or other use limiting device, including any device intended to
limit the number of users or devices accessing the Product.
3. Limited Warranty and Limitation of Liability
3.1 Limited Warranty & Exclusions. Licensor warrants that the Software will
perform in substantial accordance with the specifications therefor set
forth in the Documentation for a period of ninety [90] days after
Customer's acceptance of the terms of this Agreement with respect to the
Software (“Warranty Period”). If during the Warranty Period the
Software does not perform as warranted, Licensor shall, at its option,
correct the relevant Software giving rise to such breach of performance or
replace such Software free of charge. THE FOREGOING ARE
CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF
THE FOREGOING WARRANTY. THE WARRANTY SET FORTH
ABOVE IS MADE TO AND FOR THE BENEFIT OF CUSTOMER ONLY.
The warranty will apply only if (i) the Software has been used at all times
and in accordance with the instructions for use set forth in the
Documentation and this Agreement; (ii) no modification, alteration or
addition has been made to the Software by persons other than Licensor or
Licensor's authorized representative; and (iii) the Software or Product on
which the Software is installed has not been subject to any unusual
electrical charge.
3.2 DISCLAIMER. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 3,
ALL ADDITIONAL CONDITIONS, REPRESENTATIONS, AND
WARRANTIES, WHETHER IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY,
AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF
DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY
DISCLAIMED BY LICENSOR AND ITS SUPPLIERS. THIS DISCLAIMER
SHALL APPLY EVEN IF ANY EXPRESS WARRANTY AND LIMITED
REMEDY OFFERED BY LICENSOR FAILS OF ITS ESSENTIAL
PURPOSE. ALL WARRANTIES PROVIDED BY LICENSOR ARE
SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH IN THIS
AGREEMENT.
3.3 HAZARDOUS APPLICATIONS. THE SOFTWARE IS NOT DESIGNED
OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS
REQUIRING FAIL SAFE PERFORMANCE, SUCH AS IN THE
OPERATION OF A NUCLEAR FACILITY, AIRCRAFT NAVIGATION OR
COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROLS OR OTHER
DEVICES OR SYSTEMS IN WHICH A MALFUNCTION OF THE
SOFTWARE WOULD RESULT IN FORSEEABLE RISK OF INJURY OR
DEATH TO THE OPERATOR OF THE DEVICE OR SYSTEM OR TO
OTHERS (“HAZARDOUS APPLICATIONS”). CUSTOMER ASSUMES
ANY AND ALL RISKS, INJURIES, LOSSES, CLAIMS AND ANY OTHER
LIABILITIES ARISING OUT OF THE USE OF THE SOFTWARE IN ANY
HAZARDOUS APPLICATIONS.
3.4 Limitation of Liability.
(a) TOTAL LIABILITY. NOTWITHSTANDING ANYTHING ELSE
HEREIN, ALL LIABILITY OF LICENSOR AND ITS SUPPLIERS
UNDER THIS AGREEMENT SHALL BE LIMITED TO THE
AMOUNT PAID BY CUSTOMER FOR THE RELEVANT
SOFTWARE, OR PORTION THEREOF, THAT GAVE RISE TO SUCH
LIABILITY OR ONE HUNDRED UNITED STATES DOLLARS
(US$100), WHICHEVER IS GREATER. THE LIABILITY OF
LICENSOR AND ITS SUPPLIERS UNDER THIS SECTION SHALL
BE CUMULATIVE AND NOT PER INCIDENT.
(b) DAMAGES. IN NO EVENT SHALL LICENSOR, ITS SUPPLIERS OR
THEIR RELEVANT SUBCONTRACTORS BE LIABLE FOR (A) ANY
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES, LOST PROFITS OR LOST OR DAMAGED DATA, OR
ANY INDIRECT DAMAGES, WHETHER ARISING IN CONTRACT,
TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR
OTHERWISE OR (B) ANY COSTS OR EXPENSES FOR THE
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IN EACH
CASE, EVEN IF LICENSOR OR ITS SUPPLIERS HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
3.5 Exclusions. SOME JURISDICTIONS DO NOT PERMIT THE
LIMITATIONS OF LIABILITY AND LIMITED WARRANTIES SET
FORTH UNDER THIS AGREEMENT. IN THE EVENT YOU ARE
LOCATED IN ANY SUCH JURISDICTION, THE FOREGOING
LIMITATIONS SHALL APPLY ONLY TO THE MAXIMUM EXTENT
PERMITTED IN SUCH JURISDICTIONS. IN NO EVENT SHALL
THE FOREGOING EXCLUSIONS AND LIMITATIONS ON
DAMAGES BE DEEMED TO APPLY TO ANY LIABILITY BASED
ON FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR
PERSONAL INJURY OR DEATH.
4. Confidential Information
4.1 Generally. The Software (and its accompanying Documentation)
constitutes Licensor's and its suppliers' proprietary and confidential
information and contains valuable trade secrets of Licensor and its
suppliers (“Confidential Information”). Customer shall protect the
secrecy of the Confidential Information to the same extent it protects its
other valuable, proprietary and confidential information of a similar
nature but in no event shall Customer use less than reasonable care to
maintain the secrecy of the Confidential Information. Customer shall not
use the Confidential Information except to exercise its rights or perform
its obligations as set forth under this Agreement. Customer shall not
disclose such Confidential Information to any third party other than
subject to non-use and non-disclosure obligations at least as protective of
a party's right in such Confidential Information as those set forth herein.
4.2 Return of Materials. Customer agrees to (i) destroy all Confidential
Information (including deleting any and all copies contained on any of
Customer's Designated Hardware or the Product) within fifteen (15) days
of the date of termination of this Agreement or (ii) if requested by
Licensor, return, any Confidential Information to Licensor within thirty
(30) days of Licensor's written request.
5. Term and Termination
5.1 Te r m . Subject to Section 5.2 below, this Agreement will take effect on the
Effective Date and will remain in force until terminated in accordance
with this Agreement.
5.2 Termination Events. This Agreement may be terminated immediately
upon written notice by either party under any of the following
conditions:
(a) If the other party has failed to cure a breach of any material term or
condition under the Agreement within thirty (30) days after receipt of
notice from the other party; or
(b) Either party ceases to carry on business as a going concern, either
party becomes the object of the institution of voluntary or
involuntary proceedings in bankruptcy or liquidation, which
proceeding is not dismissed within ninety (90) days, or a receiver is
appointed with respect to a substantial part of its assets.
5.3 Effect of Termination.
(a) Upon termination of this Agreement, in whole or in part, Customer
shall pay Licensor for all amounts owed up to the effective date of
termination. Termination of this Agreement shall not constitute a
waiver for any amounts due.
(b) The following Sections shall survive the termination of this
Agreement for any reason: Sections 1, 2.2, 2.4, 3, 4, 5.3, and 6.
(c) No later than thirty (30) days after the date of termination of this
Agreement by Licensor, Customer shall upon Licensor's instructions
either return the Software and all copies thereof; all Documentation
relating thereto in its possession that is in tangible form or destroy the
same (including any copies thereof contained on Customer's
Designated Hardware). Customer shall furnish Licensor with a
certificate signed by an executive officer of Customer verifying that
the same has been done.
6. Miscellaneous
If Customer is a corporation, partnership or similar entity, then the license to
the Software and Documentation that is granted under this Agreement is
expressly conditioned upon and Customer represents and warrants to
Licensor that the person accepting the terms of this Agreement is authorized
to bind such entity to the terms and conditions herein. If any provision of this
Agreement is held to be invalid or unenforceable, it will be enforced to the
extent permissible and the remainder of this Agreement will remain in full
force and effect. During the course of use of the Software, Licensor may
collect information on your use thereof; you hereby authorize Licensor to use
such information to improve its products and services, and to disclose the
same to third parties provided it does not contain any personally identifiable
information. The express waiver by either party of any provision, condition
or requirement of this Agreement does not constitute a waiver of any future
obligation to comply with such provision, condition or requirement.
Customer and Licensor are independent parties. Customer may not export or
re-export the Software or Documentation (or other materials) without
appropriate United States, European Union and foreign government licenses
or in violation of the United State's Export Administration Act or foreign
equivalents and Customer shall comply with all national and international
laws governing the Software. This Agreement will be governed by and
construed under the laws of the State of California and the United States as
applied to agreements entered into and to be performed entirely within
California, without regard to conflicts of laws provisions thereof and the
parties expressly exclude the application of the United Nations Convention
on Contracts for the International Sales of Goods and the Uniform Computer
Information Transactions Act (as promulgated by any State) to this
Agreement. Suits or enforcement actions must be brought within, and each
party irrevocably commits to the exclusive jurisdiction of, the state and
federal courts located in Ventura County, California. Customer may not
assign this Agreement by operation of law or otherwise, without the prior
written consent of Licensor and any attempted assignment in violation of the
foregoing shall be null and void. This Agreement cancels and supersedes all
prior agreements between the parties. This Agreement may not be varied
except through a document agreed to and signed by both parties. Any printed
terms and conditions contained in any Customer purchase order or in any
Licensor acknowledgment, invoice or other documentation relating to the
Software shall be deemed deleted and of no force or effect and any additional
typed and/or written terms and conditions contained shall be for
administrative purposes only, i.e. to identify the types and quantities of
Software to be supplied, line item prices and total price, delivery schedule,
and other similar ordering data, all in accordance with the provisions of this
Agreement.
Hardware Warranty Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS
PRODUCT
BY USING THIS PRODUCT, YOU ACKNOWLDEGE THAT YOU HAVE READ
AND UNDERSTOOD ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND THAT YOU ARE CONSENTING TO BE BOUND BY THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, RETURN THE UNUSED PRODUCT TO THE PLACE OF
PURCHASE FOR A FULL REFUND.
LIMITED WARRANTY. Xirrus warrants that for a period of one year from the
date of purchase by the original purchaser (“Customer”): (i) the Xirrus Equipment
(“Equipment”) will be free of defects in materials and workmanship under
normal use; and (ii) the Equipment substantially conforms to its published
specifications. Except for the foregoing, the Equipment is provided AS IS. This
limited warranty extends only to Customer as the original purchaser. Customer's
exclusive remedy and the entire liability of Xirrus and its suppliers under this
limited warranty will be, at Xirrus' option, repair, replacement, or refund of the
Equipment if reported (or, upon request, returned) to the party supplying the
Equipment to Customer. In no event does Xirrus warrant that the Equipment is
error free or that Customer will be able to operate the Equipment without
problems or interruptions.
This warranty does not apply if the Equipment (a) has been altered, except by
Xirrus, (b) has not been installed, operated, repaired, or maintained in accordance
with instructions supplied by Xirrus, (c) has been subjected to abnormal physical
or electrical stress, misuse, negligence, or accident, or (d) is used in ultrahazardous activities.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE,
OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT
ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL XIRRUS OR ITS SUPPLIERS BE LIABLE FOR ANY LOST
REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT
OF THE USE OF OR INABILITY TO USE THE EQUIPMENT EVEN IF XIRRUS
OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event shall Xirrus' or its suppliers' liability to Customer,
whether in contract, tort (including negligence), or otherwise, exceed the price
paid by Customer.
The foregoing limitations shall apply even if the above-stated warranty fails of its
essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR
EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES.
The above warranty DOES NOT apply to any evaluation Equipment made
available for testing or demonstration purposes. All such Equipment is provided
AS IS without any warranty whatsoever.
Customer agrees the Equipment and related documentation shall not be used in
life support systems, human implantation, nuclear facilities or systems or any
other application where failure could lead to a loss of life or catastrophic property
damage, or cause or permit any third party to do any of the foregoing.
All information or feedback provided by Customer to Xirrus with respect to the
Product shall be Xirrus' property and deemed confidential information of Xirrus.
Equipment including technical data, is subject to U.S. export control laws,
including the U.S. Export Administration Act and its associated regulations, and
may be subject to export or import regulations in other countries. Customer
agrees to comply strictly with all such regulations and acknowledges that it has
the responsibility to obtain licenses to export, re-export, or import Equipment.
This Agreement shall be governed by and construed in accordance with the laws
of the State of California, United States of America, as if performed wholly within
the state and without giving effect to the principles of conflict of law. If any
portion hereof is found to be void or unenforceable, the remaining provisions of
this Warranty shall remain in full force and effect. This Warranty constitutes the
entire agreement between the parties with respect to the use of the Equipment.
Manufacturer is Xirrus, Inc. 370 North Westlake Blvd #200 Westlake Village, CA
91362.
Wireless LAN Array
Table of Contents
All topics listed in this Table of Contents are clickable, which means you can
instantly jump to any selected topic with a click of your mouse button. Items that
do not appear in the TOC list—they are part of the Front Matter, prior to this Table
of Contents—include the following:
zTrademarks
zNotices
zEU Directive 1999/5/EC Compliance Information
zSafety Warnings
zTranslated Safety Warnings
zSoftware Warranty and License Agreement
zHardware Warranty Agreement
List of Figures...................................................................................... ix