11 Warranty
1) Standard Limited Warranty. If the produc ts purchased hereunder are resold by a distributor or reseller to an end-user (customer)
pursuant to the terms hereof in their original, unmodied, unused condition, Purchaser shall pass on to its customers, or keep as
applicable for internal use, the MAKO NETWORKS LTD. standard limited warranty for the products, as summarized in documentation
supplied with the product and including provisions and limitations set forth below. The Manufacturer warrants the Mako Appliance
for one (1) year. The Warranty begins on the date of purchase as shown on your providers invoice.
2) Express End-user Limited Warranty. Each MAKO NETWORKS LTD. product purchased hereunder is warranted against defect in
material and workmanship and will substantially conform to MAKO NETWORKS LTD. product documentation for the period set forth
in the documentation supplied with the product following deliver y to end-user (the “Warranty Period”). This warranty extends only
to end-user and will not extend to, nor may it be assigned to, any subsequent user, Purchaser or user of a MAKO NETWORKS LTD.
produc t, whether such MAKO NETWORKS LTD. product is alone or incorporated into end-user’s product.
3) Exclusions. The express warranty set forth above is contingent upon the proper use of a MAKO NETWORKS LTD. product in the
application for which it was intended and will not apply to any MAKO NETWORKS LTD. product that has been (i) damaged during
shipping, (ii) modied or improperly maintained or repaired by a party other than MAKO NETWORKS LTD. or its designees, or (iii)
subjected to unusual physical or electrical stress. This includes operation of the product outside the Operating Specications of the
product.
4) Limitation of Remedy. In the event a MAKO NETWORKS LTD. product fails to per form as warranted, MAKO NET WORKS LTD. sole
and exclusive liability and end-user’s only remedies for breach of this warranty shall be, at MAKO NETWORKS LTD.’s option to repair,
replace or credit an amount not exceeding the Purchaser’s purchase price of each produc t found to be defective, provided that:
4.1) End-user complies with the rejection and warranty procedures contained in Section 5 below and returns the MAKO
NETWORKS LTD. product that the end-user considers defective for examination and testing.
4.2) MAKO NETWORKS LTD. shall not be liable under this warranty if testing and examination by MAKO NETWORKS LTD.
discloses that the MAKO NETWORKS LTD. product has been modied or altered in any manner aer it was shipped by MAKO
NE TWO RK S LTD.
4.3) MAKO NETWORKS LTD. shall not be liable under this warranty if testing and examination by MAKO NE TWORKS LTD. discloses
that the alleged defect in the MAKO NETWORKS LTD. product does not exist or was caused by end-user or any third person’s
misuse, neglect, improper installation or testing, unauthorized attempts to repair or any other cause beyond the range of
intended user, or by accident, re or other hazard.
4.4) MAKO NETWORKS LTD. shall not be liable under any warranty under this Agreement with respect to any MAKO NETWORKS
LTD. product that is not returned in its original shipping container or a functionally equivalent container.
4.5) If MAKO NETWORKS LTD. testing and examination does not disclose a defect warranted under this Agreement: MAKO
NETWORKS LTD. shall so advise Purchaser and dispose of such MAKO NETWORKS LTD. product in accordance with Purchaser’s
instructions on behalf of end-user and at Purchaser’s cost.
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The Mako logo is a registered trademark of Mako Networks Limited.
Other product and company names mentioned herein can be trademarks and/or registered trademarks of their
respective companies.
Information in this document is subject to change without notice and does not represent a commitment on the part
of Mako Networks Limited.
This document should be read in conjunction with the Mako Networks Terms and Conditions available from the Mako
Networks website (http://www.makonetworks.com).
Mako Networks, its parent or associate companies may have patents, patent applications, trademarks, copyrights,
or other intellectual property rights covering subject matter in this document. Except as expressly provided in any
written licence agreement from Mako Networks, its parent or associate companies, the furnishing of this document
does not give you any rights or licence to these patents, trademarks, copyrights, or other intellectual property.