Common use of THESE TERMS AND CONDITIONS CONSTITUTE Clause in Contracts

THESE TERMS AND CONDITIONS CONSTITUTE. A SERVICE CONTRACT AND NOT A WARRANTY FOR THE COM21 SOFTWARE. THE COM21 SOFTWARE AND ALL MATERIALS RELATED TO THE COM21 SOFTWARE ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE AGREEMENT. THIS EXHIBIT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO. 38 Confidential EXHIBIT E DEMONSTRATION SYSTEM MODEL NUMBER DESCRIPTION VERSION PRICE SUBSCRIBER UNITS CP1000 ComPORT Cable Modem - US - High Frequency Band US [*] CP1100 ComPORT Cable Modem - Int'l - High Frequency Band INTERNATIONAL [*] HEADEND UNITS CC2100 ComCONTROLLER Ch/Sw/DPS/Tx/Rx/CC/EM (USD) US [*] CC2110 ComCONTROLLER Ch/Sw/DPS/Tx/Rx/CC/EM (Int'l) INTERNATIONAL [*] NMAPS CS3100 Network Management and Provisioning Station Software US [*] CS3000 Network Management and Provisioning Station Software INTERNATIONAL [*] SOFTWARE CS0300 HCX System Software License US [*] CS0310 HCX System Software License INTERNATIONAL [*] [*] Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. EXHIBIT F COM21 PRODUCTS EXTENDED WARRANTY [LOGO[ COMMUNICATIONS FOR THE ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ Service Policy Document 280-▇▇▇▇-▇▇ Version 1.0 April 22, 1998 Approvals: ---------------------------- --------------------------------- Buck ▇▇▇ (▇▇rketing) Bill ▇▇▇▇▇▇▇▇▇ (▇▇les) ---------------------------- --------------------------------- Mike ▇▇▇▇▇▇ (▇▇pport) Dave ▇▇▇▇▇▇▇▇▇ (▇▇nance) 40 Confidential PURPOSE This document summarizes the terms and conditions of Com2▇ ▇▇▇▇▇▇▇▇ ▇▇▇ Service offerings for Com21 hardware and software products. HARDWARE WARRANTIES STANDARD HARDWARE WARRANTY POLICY Com21 warrants that the hardware portion of the ComCONTROLLER and ComPORT products will materially conform to the specifications applicable to such product and will be free from material defects in materials and workmanship under normal and proper use for one (1) year from the date of Com21's shipment. Com21's sole liability under this warranty is, at the option of Com21, to repair or replace a Com21 hardware product that does not conform with the foregoing warranty. This warranty shall not apply any damage or defect arising as a result of neglect, improper installation, alteration, accident, or improper use of a Com21 hardware product. This warranty is specifically in lieu of, and Com21 disclaims, all other warranties, express or implied, including, without limitation, any warranty for merchantability, fitness for a particular purpose and non-infringement. Com21 will not be liable for any incidental or consequential damages or for the cost of substitute goods, services or technology. OTHER POLICY TERMS: - ComCONTROLLER and ComPORT products are covered for twelve (12) months from date of Com21's shipment at no charge. - $50 no trouble found charge for units that are returned, but are determined by Com21 to conform with the warranty. - Philips pays shipping charges to Com21; Com21 pays return shipping charges unless no trouble found, then reseller pays return shipping charges unless otherwise agreed by Com21. - Com21 sends the repaired or replaced hardware units to reseller within fifteen (15) working days after Com21's receipt of the defective products covered under warranty unless otherwise agreed. - A Com21 Return Material Authorization number must be obtained from Com21 Technical Support for all warranty and non-warranty repairs prior to return of hardware products. POST-WARRANTY HARDWARE EQUIPMENT SUPPORT After expiration of the one (1)-year hardware warranty period, Com21 will repair Com21 hardware products on a time and materials basis on the terms and at the prices shown in the "Com21 Services" Section. Com21 will warrant such out-of-warranty repair of Com21 hardware products for a period of ninety (90) days from the date of Com21's shipment to reseller unless otherwise agreed too.