To ensure you receive your full Product Warranty benefits, please register your product with the Vendor immediately.
Warranty Start Date:
“Start Date” as used in this policy means (i) the date this product is shipped from the manufacturing facilities of the Vendor, or (ii) in the case of resale by an authorized Vendor reseller, the date not more than ninety (90) days after original shipment of this product by Vendor.
Vendor warrants that for a period of one (1) year from the Start Date, the Vendor hardware purchased by customer (“Hardware”) shall be free of defects in material and workmanship under normal authorized use consistent with the product instructions. This product warranty extends only to the original purchaser. In the event that Vendor receives notice during the warranty period that any Hardware does not conform to its warranty, Customer’s sole and exclusive remedy, and Vendor sole and exclusive liability, shall be for Vendor, at its sole option, to either repair or replace the non-conforming Hardware in accordance with this limited warranty. Hardware replaced under the terms of any such warranty may be refurbished or new equipment substituted at the option of Vendor. Vendor will use commercially reasonable efforts to ship the replacement Hardware within twenty (20) business days after receipt of the product at a Vendor Repair Center. Actual delivery times may vary depending on the customer location.
Vendor warrants that for a period of ninety (90) days from the Start Date, the media, on which the software embedded in the Hardware (“Software”) is recorded, shall be free from defects in material and workmanship under normal authorized use consistent with the product instructions. The sole and exclusive remedy of the customer and the entire liability of Vendor under this limited warranty shall be the replacement of the media containing the Software. In addition, with respect to Software embedded in Vendor security products, application acceleration products or certain other Hardware products, as more specifically set forth on, for a period of fifteen (15) days from the date a customer receives such Hardware product, Vendor will provide the customer that purchased such Hardware product access to one (1) download of the most recent commercially-available version of Software that is embedded in such product. This right to download extends only to the original purchaser.
No warranty will apply if the Hardware or Software (i) has been altered, except by Vendor; (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Vendor in the enclosed documentation; or (iii) has been subjected to unreasonable physical, thermal or electrical stress, misuse, negligence, or accident. In addition, Hardware or Software is not designed or intended for use in (i) the design, construction, operation or maintenance of any nuclear facility, (ii) navigating or operating aircraft; or (iii) operating life-support or life-critical medical equipment, and Vendor disclaims any express or implied warranty of fitness for such uses. Customer is solely responsible for backing up its programs and data to protect against loss or corruption. Vendor warranty obligations do not include installation support.
Dead On Arrival (DOA)
For up to thirty (30) days from the Start Date, Vendor will provide expedited replacement of affected field replaceable units of Hardware that fail to operate within twenty-four (24) hours of initial installation. For purposes of this DOA policy, “fail to operate” shall mean a material failure to substantially perform in accordance with the Hardware’s technical specifications and shall not include cosmetic or other deficiencies that do not materially affect Hardware performance. A new field replaceable unit will be shipped from Vendor’ manufacturing facilities within two (2) business days of Vendor’ receipt and validation of customer’s notification of an inoperative unit. Notification must be sent by customer via online procedures set forth below. Defective Hardware must be returned within thirty (30) days of failure, or customer pays purchase price of replacement Hardware. Non-U.S. customers should allow for additional transit time due to international customs clearance.
Except as expressly set forth above, vendor makes no representation or warranty of any kind, express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title or noninfringement, or warranties or obligations arising from a course of dealing, usage or trade practice. further, vendor does not warrant that the software is error free or that buyer will be able to operate the software without problems or interruption.
Limitation of Liability
In no event will vendor or its affiliates or suppliers be liable for any loss of use, interruption of business, lost profits, or lost data, or indirect, special, incidental or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if vendor or its affiliate or supplier has been advised of the possibility of such damage, and whether or not any remedy provided should fail of its essential purpose. the total cumulative liability to customer, from all causes of action and all theories of liability, will be limited to and will not exceed the purchase price of the product paid by customer. in addition, vendor shall not be liable for customer’s or any third party’s software, firmware, information, or memory data contained in, sorted on, or integrated with any product returned to vendor, whether under warranty or not.