Xirrus P/N 812-0054-001E

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 Customer’s 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, Customer’s

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

Xirrus P/N 812-0054-001E

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 CUSTOMER’S OR ANY THIRD

PERSON’S 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.