Please read this Limited Warranty carefully before using your UPEK product.

This Limited Warranty applies only to the UPEK-branded hardware product sold by UPEK or its authorized resellers or distributors with this Limited Warranty (the “Product”). It does not apply to any UPEK software or to any non-UPEK product. Refer to the End User License Agreement accompanying the UPEK software for a description of your rights with respect to its use. As used in this Limited Warranty, “UPEK” means UPEK, Inc. and its affiliates.

THIS CONSTITUTES UPEK’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, UPEK DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF UPEK CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN TO THE MAXIMUM EXTENT POSSIBLE, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THE LIMITED WARRANTY PERIOD REFERRED TO BELOW.

UPEK warrants that the Product will be free from material defects in materials and workmanship under normal use during the twelve (12) month period beginning with your purchase of the Product (the “Limited Warranty Period”). This Limited Warranty extends only to the original end user purchasing from UPEK or an authorized reseller or distributor, and is not transferable. A valid sales receipt or other proof of date of original purchase will be required before warranty service is provided.

If a defect arises and a warranty claim is received and the Product is returned to UPEK within the Limited Warranty Period, UPEK will, at its discretion, repair or replace the Product or refund the purchase price of the Product, less any rebates. UPEK may repair or replace the Product with reconditioned or used products or parts. UPEK warrants new or replacement products or parts for ninety (90) days or the remainder of the Limited Warranty Period for the Product or part that is replaced, whichever is longer. This is your exclusive remedy and UPEK’s sole liability for defective Products. Any Product or part replaced under this Limited Warranty becomes UPEK’s property.

If you obtain warranty service UPEK will store, use and process information about your warranty issues and your contact information, including your name, home telephone number, address and email address. UPEK will use this information to perform warranty service, and may transfer this information to any country where UPEK does business. UPEK may also disclose this information where required by law or legal authorities.

You must contact UPEK for a return material authorization (“RMA”) to obtain warranty service. Please visit the UPEK website at www.upek.com to obtain information on how to contact UPEK in your region for warranty service.

UPEK’s products, including the Product, are not warranted to operate without interruption, error or failure. UPEK does not warrant, and shall not be responsible for, any damage to or loss of data, regardless of the cause of the loss. UPEK is not responsible for any failure or defect caused by any third party product or component. This Limited Warranty is void if UPEK determines that the Product was damaged or failed as a result of improper installation, negligence, use other than in accordance with the product instructions, accident, power surges, improper operation or maintenance; modification or repair by anyone other than UPEK or a UPEK authorized service provider; combination of the Product with hardware or software products not provided or authorized by UPEK; loss or damage in transit; or acts of God.

This Product must not be used in hazardous environments or in applications requiring fail-safe performance such as life support systems (including defibrillators, pacemakers, mechanical breathing machines and heart monitors); safety devices or systems in automotive brake or airbag systems; the operation of any nuclear facility; air traffic control devices, applications or systems; weapons devices, applications or systems; or any other applications where failure could threaten injury or life. You agree that neither UPEK nor any subcontractor or supplier of UPEK will have any liability arising from your use of the Product in any such high risk activity.

UPEK’S MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY OR OTHERWISE IN CONNECTION WITH THE SALE OR USE OF THE PRODUCT IS THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT WILL UPEK, ITS SUPPLIERS OR ANY AFFILIATED OR SUBSIDIARY COMPANY BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, ANY FINANCIAL LOSS, ANY LOSS OF OR DAMAGE TO DATA, OR ANY THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES, LOST PROFITS OR SAVINGS, EVEN IF UPEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT UNDER THIS LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT LIABILITY), A CONTRACT CLAIM OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED UPEK OR A UPEK REPRESENTATIVE OF THE POSSIBILITY OF ANY SUCH DAMAGES. HOWEVER, THIS LIMITATION OF LIABILITY WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Neither the Product nor its respective underlying technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By using the Product, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

This Limited Warranty shall be governed by the laws of the State of California, U.S.A., and by the laws of the United States, excluding their conflicts of laws principles. The United Nations Convention on contracts for the International Sale of Goods is hereby excluded in its entirety from the application to this Limited Warranty.