Virtual Wire(r) Development Kit Hardware Warranty

Limited Hardware Warranty. RF Monolithics, Inc. ("RFM") warrants solely to the purchaser that the hardware components of the Virtual Wire(r) Development Kit (the "Kit") will be free from defects in materials and workmanship under normal use for a period of 90 days from the date of shipment by RFM. This limited warranty does not extend to any components which have been subjected to misuse, neglect, accident, or improper installation or application. RFM's entire liability and the purchaser's sole and exclusive remedy for the breach of this Limited Hardware Warranty shall be, at RFM's option, when accompanied by a valid receipt, either (i) repair or replacement of the defective components or (ii) upon return of the defective Kit, refund of the purchase price paid for the Kit. EXCEPT FOR THE LIMITED HARDWARE WARRANTY SET FORTH ABOVE, RFM AND ITS LICENSORS PROVIDE THE HARDWARE ON AN "AS IS" BASIS, AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
Limitation of Liability. IN NO EVENT SHALL RFM OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (WHETHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE) IN EXCESS OF THE PRICE ACTUALLY PAID BY YOU TO RFM FOR THE KIT, REGARDLESS OF UNDER WHAT LEGAL THEORY, TORT, OR CONTRACT SUCH DAMAGES MAY BE ALLEGED (INCLUDING, WITHOUT LIMITATION, ANY CLAIMS, DAMAGES, OR LIABILITIES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR FOR INJURY TO PERSON OR PROPERTY) ARISING OUT OF THE USE OR INABILITY TO USE THE KIT, EVEN IF RFM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Special notice on restricted use of Virtual Wire( Development Kits

Virtual Wire(r) Development Kits are intended for use solely by professional engineers for the purpose of evaluating the feasibility of low-power wireless data communications applications. The user's evaluation must be limited to use of an assembled Kit within a laboratory setting which provides for adequate shielding of RF emission which might be caused by operation of the Kit following assembly. In field testing, the assembled device must not be operated in a residential area or any area where radio devices might be subject to harmful electrical interference. This Kit has not been certified for use by the FCC in accord with Part 15, or to ETSI I-ETS 300 220 or other regulations, or other known standards of operation governing radio emissions. Distribution and sale of the Kit is intended solely for use in future development of devices which may be subject to FCC regulation, or other authorities governing radio emission. This Kit may not be resold by users for any purpose. Accordingly, operation of the Kit in the development of future devices is deemed within the discretion of the user and the user shall have all responsibility for any compliance with any FCC regulation or other authority governing radio emission of such development or use, including without limitation reducing electrical interference to legally acceptable levels. All products developed by user must be approved by the FCC or other authority governing radio emission prior to marketing or sale of such products and user bears all responsibility for obtaining the FCC's prior approval, or approval as needed from any other authority governing radio emission.

If user has obtained the Kit for any purpose not identified above, including all conditions of assembly and use, user should return Kit to RF Monolithics, Inc. immediately.

The Kit is an experimental device, and RFM makes no representation with respect to the adequacy of the  Kit in developing low-power wireless data communications applications or systems, nor for the adequacy of such design or result. RFM does not and cannot warrant that the functioning of the Kit will be uninterrupted or error-free.

The Kit and products based on the technology in the Kit operate on shared radio channels. Radio interference can occur in any place at any time, and thus the communications link may not be absolutely reliable. Products using Virtual Wire(r) technology must be designed so that a loss of communications due to radio interference or otherwise will not endanger either people or property, and will not cause the loss of valuable data. RFM assumes no liability for the performance of products which are designed or created using the Kit. RFM products are not suitable for use in life-support applications, biological hazard applications, nuclear control applications, or radioactive areas.

RFM and Virtual Wire are registered trademarks of RF Monolithics, Inc. MS-DOS, QuickBASIC, Visual Basic and Windows are registered trademarks of Microsoft Corporation.

