ORB SCSI INTERNAL, Owner'S Manual

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or to refund the purchase price for the affected Product. These warranties are void if the applica-
ble Product has been altered in any way or damaged by accident, misuse, or abuse, including, but
not limited to, the use of unauthorized third party software or repairs, power surges, excessive
heat or humidity. Castlewood warranty obligations shall not be enlarged or diminished by
Castlewood’s provision of technical advice to Purchaser.
Exclusions.
THE PRECEDING WARRANTY DOES NOT APPLY TO (I) ANY SOFTWARE COMPO-
NENTS OF THE PRODUCT; (II) ANY THIRD PARTY SOFTWARE DISTRIBUTED ON OR WITH THE
PRODUCT; (III) ANY EXPENDABLE COMPONENTS INCLUDING, BUT NOT LIMITED TO, FUSES,
BULBS, AND CLEANING ACCESSORIES; AND (IV) ANY PRODUCTS NOT MANUFACTURED BY OR
FOR CASTLEWOOD (THE “EXCLUDED ITEMS”). THE EXCLUDED ITEMS ARE LICENSED TO
PURCHASER ON AN AS IS BASIS.
Disclaimer of Warranties
. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED HEREIN,
CASTLEWOOD DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MER-
CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR THEIR
EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. THE REMEDIES SET FORTH HEREIN
SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF PURCHASER WITH RESPECT TO ANY
DEFECTIVE PRODUCT. SOME JURISDICTIONS DO NOT PERMIT THE PRECEDING EXCLUSION
OF IMPLIED WARRANTIES FOR CERTAIN CONSUMERS SO SOME OF THE ABOVE EXCLUSIONS
OR LIMITATIONS MAY NOT APPLY TO PURCHASER.
RMA Procedure.
If Purchaser discovers a defect in a Product during the applicable Warranty
Period, then Purchaser should contact Castlewood for a Return Materials Authorization (RMA)
number before shipping the Product, freight and insurance prepaid, to Castlewood’s designated
repair facility. Purchaser should have the part number, serial number, date of purchase, and the
suspected problem ready when contacting Castlewood to obtain an RMA. Before shipping any
Product to Castlewood, Purchaser shall remove any removable storage media, and all programs,
data files and other data from any applicable storage media. Castlewood accepts no responsibility
or obligation to return any such materials that are shipped to Castlewood. If a Product returned
under warranty is found not to be defective, then Castlewood shall dispose of the Product per
Purchaser’s instructions after receiving full payment from Purchaser for Castlewood’s inspection
of the Product at Castlewood’s then current rates for such services.
Limitation of Liability.
IN NO EVENT SHALL CASTLEWOOD BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT PURCHASER MAY
SUFFER DIRECTLY OR INDIRECTLY FROM THE PURCHASE USE OF THE PRODUCT, INCLUD-
ING, WITHOUT LIMITATION, FOR THE LOSS OR USE OR LOSS OF DATA, FILES OR PROGRAMS
STORED ON THE PRODUCT. CASTLEWOOD’S MAXIMUM LIABILITY FOR ANY CLAIM BY PUR-
CHASER ARISING OUT OF PURCHASER’S PURCHASE AND USE OF THE PRODUCT SHALL IN NO
EVENT EXCEED THE PURCHASE PRICE OF THE APPLICABLE PRODUCT. Some states do not
allow the exclusion of incidental, punitive or consequential damages, so the above limitation may
not apply to Purchaser.
Severability.
In the event of invalidity of any provision of this Agreement, the parties agree
that such invalidity shall not affect the validity of the remaining portions of this Agreement.
Export. You agree that You will not export or re-export the Products or the Software without the
appropriate United States or foreign government licenses.
Taxes. You agree to be responsible for the payment of any taxes, other than Castlewood’s income
taxes, resulting from this Agreement.
Governing Law. This Agreement will be governed by the laws of the State of California as they
are applied to agreements between California residents entered into and to be performed entirely
within California. The United Nations Convention on Contracts for the International Sale of
Goods is specifically disclaimed.
Entire Agreement
. This is the entire agreement between You and Castlewood which super-
sedes any prior agreement, whether written or oral, relating to the subject matter of this
Agreement.
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