Warranty Information for Alien Readers

A. Limited Warranty. Alien warrants that (i) each Reader, Antenna and other hardware components excluding Tags (together, “Hardware”) will be free from defects in materials and workmanship for a period of one (1) year after transfer of title (the “Hardware Warranty Term”), (ii) each Tag will be free from defects in materials and workmanship for a single use for a period of one hundred eighty (180) days after transfer of title (the “Tag Warranty Term”) and (iii) the media (the “Software Media”) which contain the Software will be free from defects in materials and workmanship for a period of ninety (90) days after transfer of title (the “Software Media Warranty Term” and, together with the Hardware Warranty Term and the Tag Warranty Term, the “Warranty Term”) provided with respect to (i), (ii) and (iii) that such defect does not arise from (a) abuse, misuse, neglect, vandalism or accident, (b) modification or repair of the Product by personnel not certified by Alien to perform such modification or repair, or (c) use of the Product outside of the environmental specifications set forth in published product Specifications, manuals or other documentation.  Product problems attributable to the use of Products with equipment or software not supplied by Alien are not covered under warranty. The limited warranty for the Software Media set forth above does not apply to the Software itself, which is provided “AS IS.” 

B. Return Procedure. If Customer determines that a Product violates the applicable warranty set forth in Section A above, Customer will contact Alien at (408) 782-3900 as soon as practicable, but in no event later than the end of the applicable Warranty Term, to request a Return Material Authorization (“RMA”) number.  Upon receiving the RMA number, Customer will mark such number prominently on the shipping container for the defective Product and will ship such Product to Alien in accordance with the instructions provided with the RMA number, freight prepaid and properly insured, in accordance with any shipping instructions provided by Alien.  If Alien reasonably determines that a returned Product does not violate the applicable warranty set forth in Section A above, Alien will return such Product to Customer, freight collect.  Otherwise, Alien will, at its sole option or expense, either (a) repair the defective Product, (b) replace the defective Product with a new or used and re-manufactured part, (c) provide a “work-around” or “patch” for the Product or (d) refund to Customer the purchase price of the Product.  If Alien elects to do (a), (b) or (c), Alien will return the repaired, replaced or patched Product (as applicable) to Customer, freight prepaid and properly insured.

C. Disclaimer. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, ALIEN HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE AND ANY WARRANTY OF NON-INFRINGEMENT.

D. Limitation of Liability. THE REMEDIES SET FORTH HEREIN ARE THE EXCLUSIVE REMEDIES AVAILABLE TO CUSTOMER, AND ALIEN’S ENTIRE LIABILITY, RELATING TO THE PRODUCTS.  IN NO EVENT SHALL ALIEN HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOST OPPORTUNITY, DATA OR PROFITS, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE), AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  IN ANY EVENT, ALIEN SHALL NOT BE LIABLE TO CUSTOMER FOR ANY AMOUNTS IN EXCESS OF THE PURCHASE PRICE FOR THE PRODUCT.