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MELLANOX'S LIMITED WARRANTY AND RMA TERMS – STD AND SLA

Mellanox Technologies (“Mellanox”) warrants that for a period of (a) 1 year (the “Warranty Term”) from the original date of shipment of the Products or (b) as otherwise provided for in the “Customer’s” (as defined herein) SLA, Products as delivered will conform in all material respects to the Product specifications in effect at the time of shipment.

Cables, Optical Modules and other Accessories are warranted for a maximum of 1 year from the date of shipment.

The warranty terms hereof are offered and made available to the original purchaser of the Products from Mellanox or, if the Products were purchased for resale, to the initial end user (such purchaser and end user herein are each a “Customer”).

During the Warranty Term, Customer may notify Mellanox in writing of any material non-conformance of the Product. Notification of any such non-conformance shall include the Product serial number(s) and a detailed description of the alleged non-conformity. Mellanox reserves the right to contact the Customer to trouble shoot or examine any allegedly non-conforming Product and perform a failure analysis to determine if the alleged non-conformity is a result of defective materials or workmanship, or does not exist, or was caused by improper use or installation or damage in transit or while in the control of the Customer (in which case, Customer shall have no warranty claims with respect to such alleged non-conforming unit).

If Mellanox determines that the non-conformity was due to defective materials or workmanship, Mellanox will issue a return authorization (RMA) for the non-conforming Product units, and the Customer will return the non-conforming unit(s) to Mellanox’s designated repair facility, freight pre-paid by the Customer, in accordance with the instructions set forth in the RMA. The Customer shall bear all risk of loss or damage to returned goods while in transit.

Mellanox shall, at its option, either (i) repair or replace non-conforming Product units, at Mellanox’s expense, and will return an equal number of conforming Product units to the Customer, or (ii) credit the Customer for any non-conforming Product units in an amount equal to the price charged on the original date of shipment multiplied by the number of affected Product units. Any such repair or replacement provided to the Customer will not extend the Warranty Term for the Products.

At the Customer’s request and at the sole discretion of Mellanox, replacement Product units may be shipped in advance of Mellanox’s receipt of alleged non-conforming Product units. If the alleged non-conforming Product units are not returned to Mellanox within 30 days of the shipment of the advanced replacement, Customer will be charged the MSRP for all such advanced-shipped Product units. A valid credit card is required to secure all advanced replacement requests. In the event the alleged non-conformance is not discovered by Mellanox after reasonable inquiry, the affected units will be returned to the Customer at the Customer’s expense and the Customer will reimburse Mellanox for the transportation charges, labor, and associated charges incurred in testing or repairing the allegedly non-conforming Product units. All replaced Product units shall become the property of Mellanox.

EXCEPT FOR THE EXPRESS WARRANTY SET FORTH HEREIN, MELLANOX AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS, ALL FIRMWARE AND ANY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

The foregoing sets forth Mellanox’s sole and exclusive obligation and Customer’s sole and exclusive remedy for warranty claims arising from or related to Customer’s STD and SLA. Terms not defined herein shall have the meanings assigned to them in Mellanox’s standard terms and conditions of sale, the SLA or the STD.

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