Standard Hardware/Software Warranty Policy

Last Updated: 30 April 2025

Pepwave warrants solely to the original end-user purchaser (“Purchaser”) that hardware (“Hardware”) purchased from Pepwave or our Authorized Partners will be free from defects in materials and workmanship when used within the limits set forth in Pepwave’s published guidelines for a period of twelve (12) months, starting from the time of shipment of the Hardware to the Purchaser, or the date when the Hardware was purchased according to sales registration, whichever is later (“Warranty Period”). Pepwave’s published guidelines include but are not limited to information contained in technical specifications, data sheets, and user manuals.This warranty is hereafter referred to as “Pepwave’s Limited Warranty”.

ALL SOFTWARE PROVIDED BY PEPWAVE (“SOFTWARE”) WITH OR WITHOUT THE HARDWARE, WHETHER FACTORY LOADED ON THE HARDWARE, CONTAINED ON MEDIA ACCOMPANYING THE HARDWARE OR DOWNLOADED FROM OUR WEBSITE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

Pepwave’s Limited Warranty is non-transferable and extends only to the original end-user purchaser who acquired the Hardware from an Authorized Partner who has the right to sell in the end-user’s territory. Pepwave explicitly disclaims any warranty obligations for Hardware that is sold outside of the assigned territory of an Authorized Partner.

Your exclusive remedy and Pepwave’ entire liability under Pepwave’s Limited Warranty will be for Pepwave, at its option, to replace the Hardware with a reasonably available equivalent new or refurbished Pepwave Hardware. Any replacement Hardware will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer. All Hardware and parts that are replaced become the property of Pepwave.

Exclusion and Limitations

Pepwave’s Limited Warranty does not apply if: (a) the Hardware assembly seal has been removed or damaged, (b) the Hardware has been altered or modified, except by Pepwave, (c) the Hardware damage was caused by use with non Pepwave Hardware, (d) the Hardware has not been installed, operated, or maintained in accordance with instructions supplied by Pepwave, (e) the Hardware has been subjected to abnormal physical or electrical stress, abuse, misuse, negligence, or accident, (f) the serial number on the Hardware has been altered, defaced, or removed, (g) the Hardware damage was caused by lightning, power surges or wrong voltage usage, or (h) the Hardware is supplied or licensed for beta, evaluation, promotional, testing or demonstration purposes for which Pepwave does not charge a purchase price or fee.

Without limiting the foregoing, Pepwave does not warrant that the operation of the Hardware or Software will be uninterrupted or error free. Also, due to the continual development of new techniques for intruding upon and attacking networks, Pepwave does not warrant that the Hardware, Software or any equipment, system or network on which the Hardware or Software is used will be free of vulnerability to intrusion or attack. The Hardware and Software may include or be bundled with third party software or service offerings. This limited warranty shall not apply to such third party software or service offerings. This limited warranty does not guarantee any continued availability of a third party’s service for which the Hardware or Software may require.

Disclaimer

TO THE EXTENT NOT PROHIBITED BY LAW, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED.

The above disclaimer may not apply to you as some jurisdictions do not allow limitations on how long an implied warranty lasts. Pepwave’s Limited Warranty gives you specific legal rights, and you may also have other legal rights that vary by jurisdiction.

Intellectual Property Indemnity

(a) Subject to the section of Limitation of Liability contained hereunder, Pepwave will defend, indemnify and hold Purchaser harmless against any third party claims, actions or demands arising out of or relating to any alleged infringement of any United States’, European Union’s, other countries’ or regions’ patent, copyright, trademark or other intellectual property right, or misappropriated trade secrets incorporated in the Hardware or Software. Subject to the section of Limitation of Liability contained hereunder, Pepwave will pay any reasonable costs, damages and attorneys’ fees incurred and attributable to such claims that are awarded against Purchaser in such action. Pepwave’s obligations under this subsection (a) are contingent upon: (i) Purchaser giving prompt written notice to Pepwave of any such claim; (ii) Purchaser allowing Pepwave to control the defense and any related settlement of any such claim; and (iii) Purchaser furnishing Pepwave with all reasonable assistance in the defense of any such claim, so long as Pepwave pays Purchaser’s reasonable out-of-pocket expenses.

(b) If Purchaser’s use of any of the Hardware or Software is, or in Pepwave’s opinion is likely to be, enjoined due to the type of claim specified in subsection (a) above, then Pepwave will, subject to the section of Limitation of Liability contained hereunder, at its sole option and expenses: (i) procure for Purchaser the right to continue using such Hardware or Software under the terms of this Agreement; (ii) replace or modify such Hardware and Software so that they are non-infringing and substantially equivalent in function to the enjoined Hardware or Software; or (iii) if options (i) and (ii) above cannot be accomplished despite Pepwave’s reasonable efforts, then Pepwave may terminate Purchaser’s rights and Pepwave’s obligations hereunder with respect to such Hardware and Software on written notice and refund to Purchaser the unamortized portion of the amounts paid by Purchaser hereunder, with depreciation on a time-apportionment basis commencing as of the date of receipt by Purchaser of such Hardware and Software.

(c) Pepwave and its affiliates will have no obligation under subsection (a) or (b) for any claim of infringement or misappropriation resulting from: (i) combination or use of the Hardware or Software with equipment, products, or processes not furnished by Pepwave (except to the extent that such combination or use is inherent or required in order to use the Hardware or Software for their intended purpose, such as use of the Hardware or Software in conjunction with a power supply or antenna); (ii) modifications to the Hardware and Software not made by Pepwave; (iii) failure of Purchaser to use updated or modified Products provided by Pepwave to avoid a claim of infringement or misappropriation; (iv) any suit or allegation initiated by Purchaser (by way of example, a counterclaim), or (v) compliance with either essential or optional portions of ITU, IEEE, ETSI, 3GPP, or any other published standards relating to 3G, 4G, LTE, 5G, WiFi (802.11[x]), Bluetooth (802.15.1), LPWA (LTE-M, NBIoT and EC-GSM-IoT), GNSS or GPS.

(d) THE PROVISIONS OF THIS SECTION SET FORTH PEPWAVE’S SOLE AND EXCLUSIVE OBLIGATIONS, AND SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF ANY KIND.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL PEPWAVE BE LIABLE FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE HARDWARE AND/OR SOFTWARE, EVEN IF PEPWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PEPWAVE’ LIABILITY EXCEED THE LESSER OF (1) ONE MILLION US DOLLAR OR THE AMOUNT PAID BY YOU FOR THE HARDWARE AND/OR SOFTWARE DURING THE IMMEDIATE PRECEDING TWELVE (12) MONTHS GIVING RISE TO THE LIABILITY.

The foregoing limitations will apply even if any warranty or remedy provided under this limited warranty fails of its essential purpose. The above limitation or exclusion may not apply to you as some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages.