Virtensys, Inc. Statement of Limited Product Warranty ("Warranty")
LIMITED WARRANTY
Virtensys, Inc. ("Virtensys") warrants to any purchaser of a Virtensys product (the "Product") who purchases such Product from Virtensys or an authorized Virtensys reseller ("Reseller") anywhere in the world for such purchaser's own end use (the "Customer") that from the date of purchase by the Customer (i) the Product hardware will be free from material defects in materials and workmanship for a period of one (1) year and (ii) the software media provided with such Product will be free from material defects in materials and workmanship for a period of ninety (90) days.
WARRANTY SUPPORT
If the Product does not conform with the provisions of this Warranty during the specified periods, (i) if the Product was purchased from a Reseller, the Customer should notify the Reseller via the contact information provided by the Reseller at the time of purchase; or (ii) Customer may notify Virtensys via email or telephone as indicated on the Virtensys support portal located at http://www.virtensys.com/support ("Support Portal"). In order to make a claim under this Warranty, the Customer must have registered the Product with Virtensys on the Support and provide Virtensys (and the Reseller, as applicable) all of the following information: (a) Customer's name, address and contact information; (b) the Product name, model number, serial number and purchase date; (c) a detailed description of the error or defect affecting the Product, including environment, function, product-specific configuration, supplemental (debug, trace, error message) information, and any other information reasonably necessary for Virtensys to understand and/or provide the Warranty Service; and (d) the identity of the Reseller, if applicable.
Virtensys may employ subcontractors or other authorized agents (e.g. a Reseller) to fulfill its obligations under this Warranty, provided that Virtensys will remain responsible for the fulfillment of such obligations.
HARDWARE RETURN PROCEDURE
In the event the Product fails to conform to the terms of this Warranty ("Defective Product"), the Customer may notify Virtensys or the Reseller as indicated above, and Virtensys shall (following notification by the Reseller where applicable) in accordance with the procedures set forth in this Warranty at its option and sole discretion repair or replace the Defective Product or refund the price paid for the Defective Product ("Warranty Services"). Unless otherwise appointed or designated in writing by Virtensys, Virtensys is the only party authorized to perform Warranty Services. If in Virtensys' reasonable determination, the reported error or defect requires return of the Product to Virtensys, Virtensys shall issue a return merchandise authorization number ("RMA"), and the Customer may return the affected Product to Virtensys at the address specified on the Support Portal. All returned Products must be sent by the Customer via an insured carrier, freight pre-paid, in packaging sufficient to protect the contents. All packaging, manuals and accessories must be returned with the Product, unless otherwise specified or agreed to in writing by Virtensys. Any Product returned to Virtensys for the purposes of Warranty Services must be assigned a RMA and such RMA must be displayed prominently on the outside of the box that contains the Product. Any Product returned to Virtensys without a RMA may be refused Warranty Services and returned to sender at sender's expense. After Virtensys receives a Product returned under an authorized RMA, Virtensys will send repaired or replacement Product at Virtensys' expense, unless Virtensys reasonably determines that the returned Product is not defective or the defect is excluded from coverage by this Warranty, in which case the Customer shall pay Virtensys for all associated testing, handling and re-delivery charges. The Customer acknowledges and agrees that the repaired or replacement Product will not be sent by Virtensys or a refund provided unless: (i) Virtensys receives the original Product; and (ii) Virtensys reasonably determines that a returned Product is a Defective Product. Virtensys reserves the right to fulfill the foregoing obligations with either new or refurbished parts. Repaired or replaced Products will carry a warranty for a period that is the remainder of Customer's original product warranty or ninety (90) days from receipt of the replacement Product, whichever is greater.
CONDITIONS
This Warranty is extended only to the original purchaser of a new Product and will be void in the event that the Product is sold or otherwise transferred. The Warranty will be void in the event that (i) the Virtensys serial number tag on the Product has been removed or tampered with, and (ii) the Product (where sold and warranted as part of a preconfigured and factory tested system) are dismantled or subdivided by any person. Virtensys does not warrant uninterrupted or error-free operation of Products.
This Warranty will not apply to any Product or related software mediathat has been (i) modified, altered or adapted without Virtensys' prior written consent; (ii) used in a manner other than in accordance with that Product's or software media's user documentation; (iii) subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (iv) repaired by any third party without the prior written authorization of Virtensys; (v) improperly installed by any party other than Virtensys; (vi) used with equipment or software not covered by this warranty, to the extent that problems are attributable whether directly or indirectly to such use; (vii) relocated without Virtensys' written consent, to the extent that problems are attributable to such relocation ; or (viii) used directly or indirectly in supporting activities prohibited by U.S. or any other national export regulations or by parties appearing on the most current U.S. export exclusion list.
LIMITATIONS
NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS WARRANTY (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, [USE, ELECTRONICALLY TRANSMITTED ORDERS,] OR LOSS OF OTHER ECONOMIC ADVANTAGE), HOWEVER THEY ARISE, WHETHER ARISING OUT OF OR IN CONNECTION WITH BREACH OF CONTRACT OR BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE, AND EVEN IF THAT PARTY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR FAILS OF ITS ESSENTIAL PURPOSE]SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS UPON CONSEQUENTIAL DAMAGES, IN WHICH CASE THIS LIMITATION WILL NOT APPLY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS WARRANTY, NEITHER PARTY LIMITS NOR EXCLUDES ITS LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, (ii) FRAUD, OR (iii) ANYTHING WHICH IT CANNOT DO SO AT LAW.
THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND VIRTENSYS'S ENTIRE LIABILITY FOR BREACH OF WARRANTY WILL BE THE REPAIR OR, AT VIRTENSYS'S SOLE OPTION AND EXPENSE, REPLACEMENT OF THE DEFECTIVE PRODUCT, OR, IF SUCH REPAIR OR REPLACEMENT IS NOT REASONABLY ACHIEVABLE OR ECONOMICAL, THE REFUND OF THE PURCHASE PRICE. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW SOME STATES AND JURISDICATIONS DO NOT ALLOW LIMITATIONS UPON IMPLIED WARRANTIES, IN WHICH CASE THIS LIMITATION WILL NOT APPLY.
THE PRODUCT IS NOT DESIGNED, INTENDED OR PROVIDED FOR USE IN HAZARDOUS ENVIRONMENTS OR ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. VIRTENSYS SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES
Nothing in this Warranty affects any statutory rights of consumers or other purchasers that cannot be waived or limited by contract. This Warranty gives the Customer specific legal rights, and the Customer may also have other rights which vary from state to state, country to country and jurisdiction to jurisdiction.
This Warranty is controlled by and construed under the laws of the State of California, United States of America, notwithstanding any conflicts of law provisions; and the state and federal courts of California shall have exclusive jurisdiction over any claim arising under this Warranty.
