6. Limited Warranty.
7. Disclaimer of Other Warranties and Restrictions.
8. Governing Law.
9. Limitation of Liability.
Elitecore provides this limited warranty for its
product only to the person or entity that originally purchased the
Product from: Elitecore or its authorized reseller or distributor. The
warranty starts on the date of purchase and shall be valid for a
period of 6 (six) months thereafter. All warranty claims must be
submitted before the expiration of the warranty term, i.e. 6 (six)
months from date of purchase of the Product. Elitecore's sole
obligation shall be to repair or replace the defective Product or any
part thereof at no charge to the original owner. This obligation is
exclusive of transport fees, labor or installation costs, and any other
cost which are not directly associated to the Product. Such repair or
replacement will be rendered by Elitecore at an authorized Elitecore
service facility. The replacement of the Product or any part thereof
need not be new or of an identical make, model, or part; Elitecore
may, at its sole discretion, replace the defective Product or any part
thereof with any reconditioned Product that Elitecore reasonably
determines is substantially equivalent (or superior) in all material
respects to the defective Product or any part thereof. If a material
defect is incapable of correction, or if Elitecore determines in its sole
discretion, that it is not practical to repair or replace the defective
Product, the price paid by the original purchaser for the defective
Product will be refunded by Elitecore upon return to Elitecore of the
defective Product. In such case, the license granted herein in
respect of any Software for which a refund is given shall be
terminated automatically. The Product or any part thereof that is
replaced by Elitecore, or for which the purchase price is refunded,
shall become the property of Elitecore upon replacement or refund.
EXCEPT
FOR THE LIMITED WARRANTY SPECIFIED IN SECTION 6
ABOVE, THE PRODUCT IS PROVIDED "AS IS" WITHOUT ANY
WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. IF ANY
IMPLIED WARRANTY CANNOT BE DISCLAIMED IN ANY
TERRITORY WHERE A PRODUCT IS SOLD, THE DURATION OF
SUCH IMPLIED WARRANTY SHALL BE LIMITED TO NINETY (90)
DAYS. EXCEPT AS EXPRESSLY COVERED UNDER THE
LIMITED WARRANTY PROVIDED HEREIN, THE ENTIRE RISK
AS TO THE QUALITY, SELECTION AND PERFORMANCE OF
THE PRODUCT IS WITH THE PURCHASER OF THE PRODUCT.
The above warranty does not apply if the Software, Product or any
other equipment upon which the Software is authorized to be used
(a) has been altered, except by Elitecore or its authorized
representative, (b) has not been installed, operated, repaired, or
maintained in accordance with instructions supplied by Elitecore,
(c) has been subjected to abnormal physical or electrical stress,
misuse, negligence, or accident; or (d) is licensed, for beta,
evaluation, testing or demonstration purposes for which Elitecore
does not charge a purchase price or license fee.
This Warranty shall be governed by the laws of
the Republic of India. Some jurisdictions do not allow exclusion or
limitation of incidental or consequential damages, or limitations on
how long an implied warranty lasts, so the foregoing limitations and
exclusions may not apply. This limited warranty provides specific
legal rights and the product owner may also have other rights which
vary from state to state.
TO THE MAXIMUM EXTENT
PERMITTED BY LAW, ELITECORE IS NOT LIABLE UNDER ANY
C O N T R A C T,
N E G L I G E N C E ,
S T R I C T
L I A B I L I T Y,
INFRINGEMENT OR OTHER LEGAL OR EQUITABLE THEORY
FOR ANY LOSS OF USE OF THE PRODUCT, INCONVENIENCE
OR DAMAGES OF ANY CHARACTER, WHETHER DIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
COMPUTER SECURITY BREACH, COMPUTER VIRUS
INFECTION, LOSS OF INFORMATION OR DATA CONTAINED IN,
STORED ON, OR INTEGRATED WITH ANY PRODUCT
RETURNED TO ELITECORE FOR WARRANTY SERVICE)
RESULTING FROM THE USE OF THE PRODUCT, RELATING TO
WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF
THIS LIMITED WARRANTY, EVEN IF ELITECORE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
SOLE REMEDY FOR A BREACH OF THE FOREGOING LIMITED
WARRANTY IS REPAIR, REPLACEMENT OR REFUND OF THE
D E F E C T I V E
O R
N O N C O N F O R M I N G
P R O D U C T A S
SPECIFICALLY STATED IN SECTION 6 ABOVE. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, NO IMPLIED
WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
APPLIES TO THE PRODUCT AFTER THE APPLICABLE PERIOD
OF EXPRESS LIMITED WARRANTY STATED ABOVE, AND NO
OTHER EXPRESS WARRANTY OR QUARNTY, EXCEPT AS
MENTIONED ABOVE.
You agree to be liable and responsible for the
payment of all taxes imposed at any time whatsoever on this
transaction.
Customer shall not assign this Agreement
or transfer any of the rights or obligations under this Agreement
without the prior written consent of Elitecore. This Agreement shall
be binding upon, and insure to the benefit of, the successors and
permitted assigns of the parties. This Agreement will be governed
by the laws of Republic of India, without regard to that body of law
controlling conflicts of law. The United Nations Convention on
Contracts for the International Sales of Goods is disclaimed. In the
event of any claim arising out of this Agreement, the parties herby
submit to the jurisdiction of the courts located in Ahmedabad, India,
as applicable. This Agreement may be amended or supplemented
only by a writing that refers explicitly to this Agreement signed on
behalf of both parties. No waiver will be implied from conduct or
failure to enforce rights nor effective unless in a writing signed on
behalf of the party against whom the waiver is asserted. If any part of
this Agreement is found unenforceable, that part will be enforced to
the maximum extent permitted, the remainder shall continue in full
force and effect. You acknowledge that you have read this
Agreement, understand, it and agree to be bound by its terms and
conditions. Hardware, including technical data, is subject to the
laws of the Republic of India, including the all the applicable laws
and its associated regulations, and may be subject to export or
import regulations in other countries. Customer agrees to comply
strictly with all such regulations and acknowledges that it has the
responsibility to obtain licensed to export, re-export, or import
hardware.
One of the applications (i.e.
OpenWRT) contain in the Software are open source application and
the same is licensed under GNU GENERAL PUBLIC LICENSE
VERSION 2 (GPL 2)
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place, Suite 330, Boston, MA 02111-1307 USAEveryone
is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General
Public License is intended to guarantee your freedom to share and
change free software--to make sure the software is free for all its
users. This General Public License applies to most of the Free
Software Foundation's software and to any other program whose
authors commit to using it. (Some other Free Software Foundation
software is covered by the GNU Library General Public License
instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that
you have the freedom to distribute copies of free software (and
charge for this service if you wish), that you receive source code or
can get it if you want it, that you can change the software or use
pieces of it in new free programs; and that you know you can do
these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the rights.
These restrictions translate to certain responsibilities for you if you
distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights that you
have. You must make sure that they, too, receive or can get the
source code. And you must show them these terms so they know
their rights.
10. Tax Liability.
11. General Provisions.
12. Open Source Software.
Preamble
The GNU General Public License (GPL)
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