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For a period of time beginning on the date of purchase of the applicable product and extending as set
forth in the “
Warranty Period of AVer Product Purchased
” section of the warranty card, AVer
Information
Inc. (“AVer”) warrants that the applicable product (“Product”) substantially conforms to
AVer
’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 AVer warrant that You will be able to operate the Product without
problems or interruptions, or that the Product is suitable for your purposes. Your exclusive remedy
and the entire liability of AVer under this paragraph shall be, at AVer
’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) cartons,
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.
Limitations of Warranty
AVer 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 AVer specifications. Specifically, the warranties do not extend to any
failure caused by (i) accident, unusual physical, electrical, or electromagnetic stress, neglect or
misuse, (ii) fluctuations in electrical power beyond AVer specifications, (iii) use of the Product with any
accessories or options not furnished by AVer or its authorized agents, or (iv) installation, alteration, or
repair of the Product by anyone other than AVer or its authorized agents.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN AND TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, AVER DISCLAIMS ALL OTHER WARRANTIES WITH
RESPECT TO THE PRODUCT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING WITHOUT LIMITATION, SATISFACTORY QUALITY, COURSE OF DEALING, TRADE
USAGE OR PRACTICE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
Limitation of Liability
IN NO EVENT SHALL AVER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, BUT NOT LIMITED
TO, LOSS OF PROFITS, DATA, REVENUE, PRODUCTION, OR USE, BUSINESS INTERRUPTION,
OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN
CONNECTION WITH THIS LIMITED WARRANTY, OR THE USE OR PERFORMANCE OF ANY
PRODUCT, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR ANY
OTHER LEGAL THEORY, EVEN IF AVER HAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. AVER
’S TOTAL, AGGREGATE LIABILITY FOR DAMAGES OF ANY NATURE,
REGARDLESS OF FORM OF ACTION, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY
YOU TO AVER FOR THE SPECIFIC PRODUCT UPON WHICH LIABILITY IS BASED.
