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Limited Hardware Warranty
Icron Technologies Corporation warrants that any hardware products
accompanying this documentation shall be free from significant defects in
material and workmanship for a period of one year from the date of
purchase. Icron Technologies Corporation’s hardware warranty extends to
Licensee, its customers and end users.
Hardware Remedies
Icron Technologies Corporation’s entire liability and the Licensee’s
exclusive remedy for any breach of warranty, shall be, at Icron Technologies
Corporation’s option, either (a) return of the price paid or (b) repair or
replacement of hardware, which will be warranted for the remainder of the
original warranty period or 30 days, whichever is longer. These remedies are
void if failure of the hardware has resulted from accident, abuse, or
misapplication.
Limitation of Liability
The hardware warranty set forth in this agreement replaces all other
warranties. Icron Technologies Corporation expressly disclaims all other
merchantability and fitness for a particular purpose and non-infringement of
third-party rights with respect to the hardware. Icron Technologies
Corporation dealer, agent, or employee is authorized to make any
modification, extension, or addition to this warranty. Under no
circumstances will Icron Technologies Corporation, its suppliers or licensors
be liable for any costs of procurement or substitute products or services, lost
profits, loss of information or data, or any other special, indirect,
consequential, or incidental damages arising in any way out of the sale of,
use of, or inability to use Icron Technologies Corporation product or service,
even if Icron Technologies Corporation, its suppliers or licensors have been
advised of the possibility of such damages. In no case shall Icron
Technologies Corporation, its suppliers and licensors’ liability exceed the
actual money paid for the products at issue. Because some jurisdictions do
not allow the limitation of implied warranties of liability for incidental,
consequential, special, or indirect damages, the above limitation may not
always apply. The above limitations will not apply in case of personal injury
where and to the extent that applicable law requires such liability.
