1 1. WHAT PRODUCTS MAY BE COVERED BY THIS WARRANTY? The following products (the "Products" or the "Product") purchased through an NEC America, Inc. ("NECAM"), Wireless Message Terminals Division Authorized Dealer (the "Dealer") in the United States and Canada may be Covered by this warranty. PART NUMBER: PN5FT-31B, PN()PY-31(). 2. WHAT DOES THIS WARRANTY COVER? NECAM warrants to the original end-user purchaser of the Products ("You") that the Products will conform to the applicable published specifications in effect at the time of shipment from NECAM to the Dealer, and that the Products will be free from defects in materials or workmanship under normal use and service during the warranty period described in Paragraph 3. 3. WHEN DOES THE WARRANTY BEGIN? The warranty will begin on the day you purchase the Product. Dated proof of purchase is necessary to accompany any Product returned for warranty service consideration. Valid proof of purchase must identify the point of purchase, date of purchase, product model or trade name, and Electronic Serial Number or Mechanical Serial Number. However, if proof of purchase is not available, the warranty period begins on the date the Product is shipped from the manufacturer to the Dealer. 4. HOW LONG DOES THE COVERAGE LAST? The warranty period for the Products, excluding any battery cell or accessory, is as to follows: ONE (1) YEAR PARTS AND LABOR Any Products repaired or replaced under the terms of this warranty are covered for the remainder of the original warranty period or ninety (90) days from the date of service return shipping, whichever is longer. 5. WHAT WILL NECAM DO IF THE PRODUCT BECOMES DEFECTIVE IN MATERIALS OR WORKMANSHIP DURING THE WARRANTY PERIOD? If any Product covered under this warranty becomes defective in materials or workmanship during the applicable warranty period, NECAM will, at its option, either repair the defective Product without charge for parts and labor, or provide a replacement in exchange for the defective Product. 6. WHAT IS NOT COVERED BY THIS WARRANTY? (A) This warranty does not extend to (i) Products which have been subjected to misuse, accident, physical damage, improper installation, abnormal operation or handling, neglect, inundation, fire, water or other liquid intrusion; or (ii) Products which have been repaired, altered, or modified by anyone other than an authorized service representative of NECAM; or (iii) defects caused by failure of components, parts, or accessories not compatible with the warranted Product; or (iv) Products whose warranty/quality stickers, product serial number plates, or electronic serial numbers have been removed, altered, or rendered illegible; or (v) Products shipped to NECAM for repair from outside the United States or Canada. (B) ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. (C) NECAM'S TOTAL LIABILITY FOR DAMAGES FOR ANY CAUSE RELATED TO OR ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, WHETHER IN CONTRACT, NEGLIGENCE, STRICT TORT, OR BASED ON ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PRODUCT. (D) IN NO CASE SHALL NECAM BE LIABLE FOR ANY INDIRECT SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT OR ANY OTHER LEGAL THEORY. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF SAVINGS OR REVENUES, INABILITY TO USE THE PRODUCTS OR SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, CLAIMS BY THIRD PARTIES OTHER THAN YOU, AND INJURY TO PROPERTY. THESE LIMITATIONS DO NOT APPLY TO CLAIMS FOR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 7. HOW DO YOU GET WARRANTY SERVICE? If you need warranty service on a defective Product, it must be returned to an authorized NECAM Service Support Center along with a description of the product malfunction or difficulty. You may be required to substantiate warranty status with a proof of purchase (e.g. cash register receipt). The address of the nearest authorized NECAM Service Support Center may be obtained by calling: (800) 637-5917 or by writing to: NEC America, Inc. Wireless Message Terminals Division Attention: National Service 1621 Walnut Hill Lane Irving, Texas 75038 NECAM assumes no risk for damage or loss in transit, if, in NECAM'S sole opinion, the failure is not covered by the terms of this warranty. You will be notified and authorization will be requested for repair. Products repaired under shipping costs for the Products repaired which are not covered by warranty or the Products for which you do not wish to authorize non-warranty repairs. 8. HOW DOES STATE LAW APPLY TO THIS WARRANTY? This warranty gives you specific legal rights, and you may also have other Rights which vary from state to state. 9. THIS WARRANTY IS THE ENTIRE AGREEMENT Unless modified in writing signed by both you and NECAM, this warranty is understood to be the complete and exclusive agreement between the parties, superseding all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this warranty. No agent, Dealer, or employee of NECAM is authorized to make modifications to this warranty and any such representation should not be relied upon. NEC America, Inc., Mobile Radio Division's LIMITED WARRANTY, English version, is the definitive warranty document relating to the determination of eligible repair activities. NEC's sole interpretation is final. (Exhibit D) MessageMaker is a trademark of NEC America, Inc. ©Copyright 1995 NEC America, Inc. All rights reserved. All rights reserved. No part of this publication may be reproduced, reprinted, transmitted, transcribed, stored in a retrieval system, translated into any language, in any form, by any means, without the written permission of NEC America, Inc. ("NECAM"). NECAM shall not be liable for any direct, indirect, consequential, or incidental damages about the use of this equipment, manual, or and related materials. The information in this technical manual is advisory in nature and is subject to change. NECAM may make improvements and changes in the products described in this manual without notice. Efforts have been made to ensure that the contents of this manual are correct. Should you find any errors, NECAM welcomes your comments to improve our technical communication. COMPUTER SOFTWARE COPYRIGHTS: The NECAM products described herein may contain copyrighted NECAM computer programs stored in semiconductor memories or other media. The copyrighted protection for the program is claimed by NECAM. For more information, please feel free to contact NEC WMTD National Service, (800) 637-5917