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A25 LIMITED WARRANTY (this "Limited Warranty") For A25 Model Handsets, A25is Model Handsets, Software Applications, and Related Accessories

I. Product Specifications and AIRO Authorized Dealers.

AIRO WIRELESS, INC. ("AIRO") guarantees to each original, end-user purchaser and/or licensee of any A25 model handset, any A25is model handset (both the A25 model handset and the A25is model handset, collectively, are hereinafter referred to as the "Handsets," and either of them, individually, is hereinafter referred to as a "Handset"), any AIRO related accessory product, and/or any software applications provided by AIRO on any Handset or subsequently downloaded to any Handset from Airo's website (www.airowireless.com) (collectively, each of them is hereinafter referred to as a "Product") that if you purchased or licensed such Product directly from AIRO or indirectly from an authorized AIRO dealer in the country where you purchased or licensed the Product, then such Product is in conformance with all applicable AIRO specifications for such Product effective at the time of its manufacture or creation. This Limited Warranty does not apply to, and is not valid or enforceable with respect to, any Product purchased or licensed from any source other than directly from AIRO or indirectly from an AIRO authorized dealer in the country where such Product was purchased or licensed. For information concerning AIRO's authorized dealers in various countries, contact AIRO Customer Service by phone (+1-404-526-9700 Ext. 110) (national or premium rates might apply), by e-mail (customerservice@airowireless.com), or by regular mail (AIRO Customer Service, Twelve Piedmont Center, Suite 205, Atlanta, Georgia 30305, U.S.A.).

WARNINGS REGARDING USE OF HANDSETS! AIRO's A25is Handsets have been independently tested by Met Laboratories, Inc. ("MET"), and MET has certified that they meet the UL 60950 intrinsically safe standard. After purchase, no regular A25 Handset will be upgraded to the intrinsically safe standard of A25is Handsets.
  • Use of any A25is Handsets with any batteries other than those provided by AIRO might result in a dangerously unsafe condition when being used in a hazardous environment and might cause an explosion or fire.
  • No accessories should be used with any A25is Handsets in a hazardous environment unless such accessories have also been independently certified by MET (or another comparable independent laboratory) as meeting the UL 60950 intrinsically safe standard. Use of any other accessories in a hazardous environment might result in an explosion or fire.
  • In hazardous environments, only operate A25is Handsets and not any regular A25 Handsets. Operation of any regular A25 Handsets in such environments might result in an explosion or fire.
  • Do not operate an A25is Handset in a hazardous atmosphere if it has been physically damaged (e.g., cracked housing) because an explosion or fire might result.
  • Do not replace or charge batteries in a hazardous atmosphere. Contact sparking might occur while installing or removing batteries and cause an explosion or fire.
  • Turn off any AIRO Handset before removing or installing a battery or any accessory.
  • Do not disassemble any AIRO Handset in any way that exposes its internal electrical circuits.
II. Warranty Period and Customer Support.

Because one Product might consist of different component parts than another Product, each different Product is covered by a different limited warranty period (a "Limited Warranty Period"). Each Limited Warranty Period starts at the time of a Product's original purchase or license by the first end-user customer (individually, a "Customer" and, collectively, "Customers") and expires as of the end of the respective Limited Warranty Period specified below. During the applicable Limited Warranty Period, AIRO shall provide each and every Customer that registers its Handsets with AIRO Customer Service unlimited Customer support. Customers should register their Handsets with AIRO Customer Service by e-mail or regular mail at the address set forth above in Section I of this Limited Warranty. Such registration will require that the Customer provide AIRO Customer Service with both the serial number and the Intnational Mobile Equipment Identity ("IMEI") number for each Handset, as well as a copy the Customer's written invoice, sales receipt, or other proof verifying the original date of purchase or license directly from AIRO or from an authorized AIRO dealer in the country where such Product was purchased or licensed. The respective Limited Warranty Period applicable to each Product expires as of the end of the following respective number of months after each Customer's date of its original purchase or license:

  1. For Handsets (excluding batteries): twenty-four (24) months;
  2. For batteries and chargers (including A/C, D/C, and desk chargers), ear buds (mono and stereo), holster/belt clip, and data cable accessories: six (6) months; and
  3. For Software Applications, CD-ROMs, memory cards, and other media for data storage: three (3) months.
This Limited Warranty extends only to the first Customer purchasing or licensing a Product and is not assignable or transferable to any subsequent end-user of such Product. Moreover, no applicable Warranty Period will be extended, renewed, or otherwise affected as a result of AIRO's repair or replacement of any Product in accordance with the provisions of this Limited Warranty, except that (i) from and after the date any repaired or replacement Product is shipped back to a Customer, such Product will continue to be warranted under, and covered by, this Limited Warranty for the original Warranty Period applicable to such Product or for a period of sixty (60) days, whichever is longer and (ii) a Customer may purchase an extended Limited Warranty Period as explained below in Section III hereof.

NOTE! EACH AND EVERY HANDSET IS A SOPHISTICATED ELECTRONIC DEVICE. AIRO STRONGLY ENCOURAGES EACH AND EVERY CUSTOMER TO FAMILIARIZE YOURSELF WITH THE USER GUIDE AND INSTRUCTIONS PROVIDED WITH AND FOR EACH OF YOUR HANDSETS AND OTHER PRODUCTS. PLEASE ALSO NOTE THAT HANDSETS CONTAIN HIGH PRECISION DISPLAYS, LENSES, AND OTHER SUCH PARTS THAT COULD BE SCRATCHED OR OTHERWISE DAMAGED IF NOT HANDLED VERY CAREFULLY.

III. Extended Warranties and Service Plans.

AIRO offers both extended Limited Warranties and service plans (the "Service Plans"). TO ENSURE THE SAFETY OF CUSTOMERS USING A25is HANDSETS, AIRO STONGLY URGES ALL A25is CUSTOMERS TO EITHER (1) HAVE THEIR HANDSETS CLEANED AND REFURBISHED AT THE END OF THE 24-MONTH LIMITED WARRANTY PERIOD PURSUANT TO A SERVICE PLAN OR (2) TO REPLACE THEIR HANDSETS AT THAT TIME. For information concerning AIRO's extended Limited Warranties and Service Plans, please contact AIRO Customer Service.

IV. Manufacturer's Limited Warranty.

Subject to all of the conditions, limitations, and exclusions set forth in this Limited Warranty, AIRO warrants to each original Customer that, in the event any Product malfunctions, fails, or is damaged under normal usage during the respective Limited Warranty Period applicable to such Product due to any defects in design, materials, component parts, and/or workmanship in the creation, manufacture, or assembly of such Product, then AIRO (or AIRO's contract manufacturer or one of its designated warranty and after-service maintenance contractors) (collectively, "AIRO's Designated Repair or Replacement Facilities") shall either (i) use its good faith, diligent and commercially reasonable efforts to remedy any and all such defects, free of charge, by repairing or, should AIRO in its sole and absolute discretion deem it necessary, replacing the defective Product in question within thirty (30) days after such Product has been received by AIRO or by one of AIRO's Designated Repair or Replacement Facilities specified in the applicable RMA (as defined below in Section IV hereof) issued by AIRO in respect of such defective Product and ship the repaired or replacement Product back to the Customer (at AIRO's risk and its sole cost and expense) or, alternatively, (ii) elect, in AIRO's sole and absolute discretion, to pay the Customer liquidated damages for the loss of usage or functionality of such Product in an amount equal to the Customer's original purchase price and/or license fee/royalty for the Product in question ("Customer's Liquidated Damages" ).

V. Warranty Service Procedures.

Every Customer wishing to assert a claim under this Limited Warranty must send a written request to AIRO Customer Service for the issuance of a written return of material authorization (an "RMA") within a reasonable time after discovering the alleged defect and in any event prior to the expiration of the applicable Limited Warranty Period for the Product in question. No allegedly defective Product will be accepted by AIRO or any of AIRO's Designated Repair or Replacement Facilities in the absence of an RMA issued by Airo, the issuance of which AIRO shall not unreasonably withhold or delay after receipt of a Customer's appropriately completed written request for it. All written requests for RMAs must be sent to AIRO Customer Service and must include all of the following information:
  1. Customer's name, mailing address, phone number, and e-mail address (if available);
  2. A written description of the defect, damage, or other problem;
  3. The Product serial number (if applicable); and
  4. If the Product in question is a Handset, its IMEI number, as well as the name and address of the Customer's wireless service provider, together with the Customer's account number with such service provider.
If you have any questions concerning how to request that AIRO issue an RMA, please contact AIRO Customer Service, whose contact information is set forth above in Section I of this Limited Warranty.

THIS LIMITED WARRANTY ONLY APPLIES TO ALLEGEDLY DEFECTIVE PRODUCTS THAT ARE RETURNED (AT CUSTOMER'S RISK AND ITS SOLE COST AND EXPENSE) TO, AND ARE RECEIVED BY, AIRO (OR BY ANY OF AIRO'S DESIGNATED REPAIR OR REPLACEMENT FACILITIES AS DESIGNATED IN THE RMA APPLICABLE THERETO) WITHIN THIRTY (30) DAYS AFTER AIRO'S ISSUANCE OF SUCH RMA; AND SUCH RETURNED PRODUCT MUST BE ACCOMPANIED BY A COPY OF THE APPLICABLE RMA ITSELF.

An independent operator (the "Service Provider") provides the SIM card and the cellular and/or other network or system on which the Handsets operate. Accordingly, AIRO will not accept any responsibility under this Limited Warranty for the operation, availability, coverage, services, or range of the cellular or other network or system. Before AIRO or one of AIRO's Designated Repair or Replacement Facilities can repair or replace any Handset, the Customer's Service Provider will need to unlock any SIM-lock or other lock that has been added to lock a Handset to a specific network or Service Provider. Therefore, prior to returning any Handset for repair or replacement, please contact your Service Provider and request that the Handset in question be unlocked.

Prior to returning any Handset for repair or replacement, please also remember to make back-up copies or keep written records of all important content and data stored in your Handsets, because content and data might be lost during repair or replacement of any Handset. AIRO, in a manner consistent with the provisions of Section IX below, entitled "Exclusive Remedies and Limitation of AIRO's Liability," will not under any circumstances be liable, either expressly or impliedly, for any damages or losses of any kind whatsoever resulting from any loss of, damage to, or corruption of, content or data during the repair or replacement of any Handset.

VI. What Is Not Covered.

1. This Limited Warranty does not cover user manuals, quick start guides, or instructional materials; nor does this Limited Warranty cover any software applications that any Customer licenses or sub-licenses from any third persons or entities, settings, content, data, or data links included in any Handsets, whether included during installment, assembly, shipping, at any other time in the delivery chain, or otherwise included in any Handsets by any Customer in any way after delivery. AIRO makes no warranty: (i) that any of the software applications provided by AIRO with any Handset or downloaded to any Handset from AIRO's website will meet any Customer's requirements or will work in combination with any hardware or software applications provided by any third persons or entities, (ii) that the operation of software applications installed on any Handset will be uninterrupted or error free, or (iii) that all defects in software applications provided by AIRO with any Handset or downloaded to any Handset from AIRO's website will be corrected.

2. This Limited Warranty does not cover: (i) normal wear and tear of any Product (including, but not limited to, wear and tear of batteries or displays, as well as cosmetic damage to housings or other external services), (ii) defects or damage caused by rough handling (including, but not limited to, defects or damage caused by sharp items, by bending, compressing or dropping, etc.), (iii) defects or damage caused by misuse of any Product (including, but not limited to, use that is contrary to the instructions provided by AIRO - e.g., such as those set out in the applicable Product's user manuals or quick start guides), (iv) any defects or damage caused by any Product being subjected to abnormal use, abnormal conditions, improper storage, misuse, abuse, neglect, or other use in any manner otherwise than its intended use, and/or (v) any defects or damage caused by improper installation or other acts beyond the reasonable control of AIRO (including, but not limited to, those caused during shipment, by fire, lightning, earthquake, or any other Act of God).

3. This Limited Warranty does not cover any defects or damage to any Handset (or to any other equipment of Customer or of any third persons or entities) caused by computer or internet viruses, bugs, worms, or Trojan Horses, or caused by using or connecting any Handset with or to any other product, accessory, software application, ancillary or peripheral equipment, and/or service that was not manufactured or supplied by AIRO (specific examples include, but are not limited to, batteries, chargers, adapters, and power supplies). In this connection, AIRO warns each Customer that defects and damage to Handsets can be caused by viruses introduced to the Handsets from your using the Handsets to access services, accounts, computer systems, or networks of third persons or entities; additionally, AIRO also warns each Customer that any such use of the Handsets exposes them and the data stored on them to unauthorized access by third persons or entities by means of hacking, password mining, or through a variety of other means.

4. This Limited Warranty does not cover any defects or damage to any Handset caused by the fact that: (i) the battery has been short-circuited, (ii) the seals of the battery enclosure or the cells are broken or show evidence of tampering. or (iii) the battery has been used in equipment other than those for which it was specified.

5. This Limited Warranty does not cover (and is unenforceable with respect to) any loss of, damage to, or corruption of any content or data stored on any Handset occurring during any repair or replacement of such Handset.

6. This Limited Warranty does not apply to (and is unenforceable with respect to): (i) any Handset that has been modified or repaired by anyone other than AIRO or one of AIRO's Designated Repair or Replacement Facilities (ii) any Handset that AIRO determines (in its sole and absolute discretion) that the Handset's serial number decal, its mobile accessory date code, its security seals, or its IMEI number decal has been removed, erased, defaced, altered, or is illegible; (iii) any Handset that has been used with any batteries or other electrical accessories other than those specified by AIRO for use with the Handsets and purchased from AIRO or an authorized AIRO dealer; and/or (iv) any Handset that has been disassembled in any way that exposes its internal electrical circuits.

7. The Handsets have been independently tested and certified to meet both (i) the IP 67 waterproof standard (which ensures that the Handsets will remain water-tight to a depth of 1.5 meters for up to 30 minutes) and the Mil Spec 810 F/G temperature standard (which ensures that the Handsets will operate in temperatures ranging from -20° C to +50° C). However, because AIRO neither has any means of monitoring Customers' usage of Handsets nor has any method of determining whether or not Customers used Handsets in conditions exceeding the limits of either the IP 67 waterproof standard or the Mil Spec 810 F/G temperature standard, this Limited Warranty does not cover any defects or damage to any Handset caused by its having been exposed to moisture, dampness, extreme thermal or environmental conditions, or rapid changes in such conditions, or caused by corrosion, oxidation, spillage of foods or liquids, or exposure to chemical products.

8. Handsets might contain country specific elements, including software applications. If a Handset has been re-exported from its original destination country to another country, such country specific elements might be inoperable in the other country to which such Handset has been re-exported; and no such inoperable country specific element will considered to be a defect under this Limited Warranty.

VII. Other Important Notices.

All Products and/or parts and components of any Product that AIRO replaces pursuant to this Limited Warranty will (without any charge, cost, or expense) become owned by, and will be the sole and exclusive property of AIRO. When repairing or replacing any Product, AIRO and AIRO's Designated Repair or Replacement Facilities may use Products, components, or parts that are new, equivalent to new, or re-conditioned or refurbished.

VIII. Out of Warranty Repairs.

If AIRO or any of AIRO' Designated Repair or Replacement Facilities determines that any returned Product is not covered by this Limited Warranty or if any Customer requests that a Product be repaired after the expiration of its applicable Limited Warranty Period, then AIRO and/or AIRO's Designated Repair or Replacement Facilities may, in their sole and absolute discretion under take to repair such Product on a fee-for-service basis. Such repair fee must be quoted in writing to each Customer and accepted in writing by the Customer in question prior to undertaking any such repair. In all such cases, the repaired Product will be shipped back to each Customer at such Customer's risk and its sole cost and expense.

IX. Exclusive Remedies and Limitation of AIRO's Liability.

NOTE! NOT WITHSTANDING ANY PROVISIONS HEREOF TO THE CONTRARY, THIS LIMITED WARRANTY DOES NOT AFFECT ANY CONSUMER CUSTOMER'S STATUTORY LEGAL RIGHTS UNDER THE LAWS OF ANY JURISDICTION RELATING TO THE SALE OF CONSUMER PRODUCTS; PROVIDED THAT THE PRODUCT IN QUESTION WAS INTENDED FOR SALE IN THE COUNTRY WHERE PURCHASED OR LICENSED AS EVIDENCED BY THE FACT THAT THE WRITTEN PROOF OF PURCHASE OR LICENSE ACCOMPANYING THE WARRANTY REGISTRATION CARD SENT TO AIRO WAS ISSUED DIRECTLY BY AIRO OR BY AN AUTHORIZED AIRO DEALER IN THE COUNTRY WHERE SUCH PRODUCT WAS PURCHASED OR LICENSED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). THE FOREGOING REMEDIES SET FORTH ABOVE IN SECTION III HEREOF ARE EVERY CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES IN RESPECT OF EACH AND EVERY PRODUCT PURCHASED OR LICENSED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, AIRO WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUES, LOSS OF CONTRACTS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF USE OR FUNCTIONALITY OF ANY PRODUCT OR ANY SOFTWARE APPLICATIONS, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR SOFTWARE APPLICATIONS, DOWNTIME, THE CLAIMS OF ANY THIRD PERSONS OR ENTITIES, ANY DAMAGE TO PROPERTY, PERSONAL INJURY, AND/OR DEATH) RESULTING FROM THE PURCHASE, LICENSE, OR USE OF ANY PRODUCT OR ANY SOFTWARE APPLICATIONS PROVIDED BY AIRO WITH ANY HANDSET OR DOWNLOADED TO ANY HANDSET FROM AIRO'S WEBSITE, ARISING FROM AIRO'S BREACH OF THIS LIMITED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR STRICT TORT LIABILITY, OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF AIRO KNEW OF THE LIKELIHOOD OF SUCH DAMAGES; NOR WILL AIRO HAVE ANY LIABLITY FOR ANY DELAY IN RENDERING SERVICE UNDER THIS LIMITED WARRANTY OR ANY LOSS OF USE OF OR ANY LOSS OF FUNCTIONALITY OF ANY PRODUCT OR OF ANY SOFTWARE APPLICATIONS PROVIDED BY AIRO ON ANY HANDSET OR DOWNLOADED TO ANY HANDSET FROM AIRO'S WEBSITE DURING THE PERIOD THAT ANY PRODUCT (INCLUDING, BUT NOT LIMITED TO, AIRO'S SOFTWARE APPLICATIONS) IS BEING REPAIRED OR REPLACED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, AIRO'S MAXIMUM LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES INCURRED BY ANY CUSTOMER RESULTING FROM THE PURCHASE, LICENSE, OR USE OF ANY PRODUCT OR ANY SOFTWARE APPLICATIONS PROVIDED BY AIRO WITH ANY HANDSET OR DOWNLOADED TO ANY HANDSET FROM AIRO'S WEBSITE OR ARISING FROM AIRO'S BREACH OF THIS LIMITED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR STRICT TORT LIABILITY, OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL BE THE AMOUNT OF SUCH CUSTOMER'S LIQUIDATED DAMAGES SPECIFIED ABOVE IN SECTION III HEREOF. HOWEVER, SUCH LIMITATION OF AIRO'S MAXIMUM LIABILITY WILL NOT APPLY IN ANY CASE OF ANY LOSS OR DAMAGE TO PROPERTY OR ANY PERSONAL INJURY OR DEATH PROXIMATELY CAUSED BY EITHER AIRO'S PROVEN GROSS NEGLIGENCE OR ITS PROVEN INTENTIONAL OR WANTON MISCONDUCT.

X. Miscellaneous.

1. AIRO does not authorize any third persons or entities (including, but not limited, to any of AIRO's Designated Repair or Replacement Facilities or any provider or seller of any extended warranty or service agreement other than AIRO itself) to assume, on AIRO's behalf. any other or additional obligations or liabilities beyond those expressly provided in this Limited Warranty.

2. This Limited Warranty is the entire warranty between AIRO and any Customer, and it supersedes all prior and contemporaneous agreements and/or understandings, oral or written, relating to AIRO's warranty of any Product. No other representation, promise, or covenant concerning AIRO's warranty obligations relating to any Product that is not expressly set forth in this Limited Warranty is enforceable against AIRO.

3. This Limited Warranty has been partially negotiated in the State of Georgia, U.S.A. ("Georgia"), and it will be partially performed in Georgia, Accordingly, all provisions of this Limited Warranty are in all respects (including, but not limited to, all matters of construction, interpretation, validity, enforcement, performance, breach, and the consequences of breach) to be governed by the internal, substantive laws of Georgia (excluding any and all of its rules and/or principles concerning any conflict of laws). The United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded in its entirety from application to any and all of the provisions this Limited Warranty.