# Limited Lifetime Hardware Warranty

Intel warrants to the original owner that the adapter product delivered in this package will be free from defects in material and workmanship. This warranty does not cover the adapter product if it is damaged in the process of being installed or improperly used.

THE ABOVE WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE.

This warranty does not cover replacement of adapter products damaged by abuse, accident, misuse, neglect, alteration, repair, disaster, improper installation, or improper testing. If the adapter product is found to be defective, Intel, at its option, will replace or repair the hardware product at no charge except as set forth below, or refund your purchase price provided that you deliver the adapter product along with a Return Material Authorization (RMA) number (see below), along with proof of purchase (if not registered), either to the dealer from whom you purchased it or to Intel with an explanation of any deficiency. If you ship the adapter product, you must assume the risk of damage or loss in transit. You must use the original container (or the equivalent) and pay the shipping charge.

Intel may replace or repair the adapter product with either new or reconditioned parts, and any adapter product, or part thereof replaced by Intel becomes Intel's property. Repaired or replaced adapter products will be returned to you at the same revision level as received or higher, at Intel's option. Intel reserves the right to replace discontinued adapter products with an equivalent current generation adapter product.

## Returning a defective product

### From North America:

Before returning any adapter product, contact Intel Customer Support and obtain a Return Material Authorization (RMA) number by calling +1 916-377-7000.

If the Customer Support Group verifies that the adapter product is defective, they will have the RMA department issue you an RMA number to place on the outer package of the adapter product. Intel cannot accept any product without an RMA number on the package.

### All other locations:

Return the adapter product to the place of purchase for a refund or replacement.

## Limitation of Liability and Remedies

INTEL'S SOLE LIABILITY HEREUNDER SHALL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. IN NO EVENT SHALL INTEL HAVE ANY LIABILITY FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF INTELLECTUAL PROPERTY, REPROCUREMENT COSTS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF GOODWILL, AND LOSS OF PROFITS, WHETHER ANY SUCH DAMAGES ARISE OUT OF CONTRACT NEGLIGENCE, TORT, OR UNDER ANY WARRANTY, IRRESPECTIVE OF WHETHER INTEL HAS ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, INTEL'S TOTAL LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE PRICE PAID FOR THE PRODUCT. THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING THE PRODUCT PRICE. INTEL NEITHER ASSUMES NOR AUTHORIZES ANYONE TO ASSUME FOR IT ANY OTHER LIABILITIES.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

Critical Control Applications: Intel specifically disclaims liability for use of the adapter product in critical control applications (including, for example only, safety or health care control systems, nuclear energy control systems, or air or ground traffic control systems) by Licensee or Sublicensees, and such use is entirely at the user's risk. Licensee agrees to defend, indemnify, and hold Intel harmless from and against any and all claims arising out of use of the adapter product in such applications by Licensee or Sublicensees.

Software: Software provided with the adapter product is not covered under the hardware warranty described above. See the applicable software license agreement which shipped with the adapter product for details on any software warranty.