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Appendix.
Warranty Coverage
Mbox’s warranty obligations are limited to the terms set forth below:
Mbox, as defined below, warrants this Mbox-branded hardware product against defects in materials and workmanship under normal use for a period
of ONE (1) YEAR from the date of retail purchase by the original end-user purchaser (”Warranty Period”). If a hardware defect arises and a valid
claim is received within the Warranty Period, at its option, Mbox will either (1) repair the hardware defect at no charge, using new or refurbished
replacement parts, or (2) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and
is at least functionally equivalent to the original product, or (3) refund the purchase price of the product. Mbox may request that you replace
defective parts with new or refurbished user-installable parts that Mbox provides in fulfillment of its warranty obligation. A replacement product or
part, including a user-installable part that has been installed in accordance with instructions provided by Mbox, assumes the remaining warranty of
the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part
is exchanged, any replacement item becomes your property and the replaced item becomes Mbox property. Parts provided by Mbox in fulfillment of
its warranty obligation must be used in products for which warranty service is claimed. When a refund is given, the product for which the refund is
provided must be returned to Unicorn and becomes Mbox property.
EXCLUSIONS AND LIMITATIONS
This Limited Warranty applies only to hardware products manufactured by or for Mbox that can be identified by the “Mbox” trademark, trade name,
or logo affixed to them. The Limited Warranty does not apply to any non-Mbox hardware products or any software, even if packaged or sold with
Mbox hardware. Manufacturers, suppliers, or publishers, other than Mbox, may provide their own warranties to the end user purchaser, but Mbox, in
so far as permitted by law, provides their products “as is”. Software distributed by Mbox with or without the Mbox brand name (including, but not
limited to system software) is not covered under this Limited Warranty. Refer to the licensing agreement accompanying the software for details of
your rights with respect to its use.
Mbox does not warrant that the operation of the product will be uninterrupted or error-free. Mbox is not responsible for damage arising from failure to
follow instructions relating to the product’s use.
This warranty does not apply
: (a) to damage caused by use with non-Mbox products; (b) to damage caused by accident, abuse, misuse, flood,
fire, earthquake or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by Mbox;
(d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Mbox or an Mbox
Authorized Service Provider; (e) to a product or part that has been modified to significantly alter functionality or capability without the written
permission of Mbox; (f) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; or (g) if
any Mbox serial number has been removed or defaced.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL
OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS
PERMITTED BY APPLICABLE LAW, UNICORN INFORMATION SYSTEMS LTD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF UNICORN CANNOT LAWFULLY DISCLAIM STATUTORY OR
IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE
DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY UNICORN IN ITS SOLE
DISCRETION. No Mbox reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, Unicorn IS NOT RESPONSIBLE FOR DIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER
ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED
PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF
BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA;
OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT
AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH
UNICORN PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING
LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. UNICORN DISCLAIMS ANY REPRESENTATION THAT IT WILL
BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF THE
PROGRAMS OR DATA.
CONSUMER PROTECTION LAWS
FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR,
IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO ALL RIGHTS
AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES, STATES AND
PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OR
LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY
COUNTRY, STATE OR PROVINCE. THIS LIMITED WARRANTY IS GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE COUNTRY
IN WHICH THE PRODUCT PURCHASE TOOK PLACE. UNICORN, THE WARRANTOR UNDER THIS LIMITED WARRANTY, IS IDENTIFIED AT
THE END OF THIS DOCUMENT ACCORDING TO THE COUNTRY OR REGION IN WHICH THE PRODUCT PURCHASE TOOK PLACE.
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