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LIMITED WARRANTY
1. Limited Warranty:
For a period of time beginning on the date of purchase of the applicable product and
extending as set forth in Section 6 of this Limited Warranty (the “
Warranty Period
”),
AVerMedia Technologies, Inc. (“
AVerMedia
”) warrants that the applicable product
(“
Product
”) substantially conforms to AVerMedia’s documentation for the product
and that its manufacture and components are free of defects in material and
workmanship under normal use. “You” as used in this agreement means you
individually or the business entity on whose behalf you use or install the product, as
applicable. This limited warranty extends only to You as the original purchaser.
Except for the foregoing, the Product is provided “AS IS.” In no event does
AVerMedia warrant that You will be able to operate the Product with-out problems
or interruptions, or that the Product is suitable for your purposes. Your exclusive
remedy and the entire liability of AVerMedia under this paragraph shall be, at
AVerMedia’s option, the repair or replacement of the Product with the same or a
comparable product. This warranty does not apply to (a) any Product on which the
serial number has been defaced, modified, or removed, or (b) car-tons, cases,
batteries, cabinets, tapes, or accessories used with this product. This warranty does
not apply to any Product that has suffered damage, deterioration or malfunction due to
(a) accident, abuse, misuse, neglect, fire, water, lightning, or other acts of nature,
commercial or industrial use, unauthorized product modification or failure to follow
instructions included with the Product, (b) misapplication of service by someone
other than the manufacturer’s representative, (c) any shipment damages (such claims
must be made with the carrier), or (d) any other causes that do not relate to a Product
defect. The Warranty Period of any repaired or replaced Product shall be the longer
of (a) the original Warranty Period or (b) thirty (30) days from the date of delivery of
the repaired or replaced Product.
2. Limitations of Warranty:
AVerMedia makes no warranties to any third party. You are responsible for all claims,
damages, settlements, expenses, and attorneys’ fees with respect to claims made against
You as a result of Your use or misuse of the Product. This warranty applies only if the
Product is installed, operated, maintained, and used in accordance with AVerMedia
specifications. Specifically, the warranties do not ex-tend to any failure caused by (i)
accident, unusual physical, electrical, or electro-magnetic stress, neglect or misuse, (ii)
fluctuations in electrical power beyond AVerMedia specifications, (iii) use of the
Product with any accessories or options not furnished by AVerMedia or its authorized
agents, or (iv) installation, alteration, or repair of the Product by anyone other than
AVerMedia or its authorized agents.
