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Rocstor products are manufactured using new materials or new and used
materials equivalent to new in performance and reliability. Spare parts may
be new or equivalent to new. Spare parts are warranted to be free from
defects in material or workmanship for thirty (30) days or for the remainder
of the Limited Warranty Period of the Rocstor hardware product in which
they are installed, whichever is longer.
During the Limited Warranty Period, Rocstor will repair or replace the
defective component parts or the hardware product. All component parts or
hardware products removed under this Limited Warranty become the
property of Rocstor. The replacement part or product takes on either the
Limited Warranty status of the removed part or product or the thirty (30) day
limited warranty of the spare part. In the unlikely event that your Rocstor
product has a recurring failure, Rocstor, at its discretion, may elect to
provide you with a replacement unit of Rocstor's choosing that is at least
equivalent to your Rocstor branded product in hardware performance.
Rocstor reserves the right to elect, at its sole discretion, to give you a refund
of your purchase price or lease payments (less interest) instead of a
replacement. This is your exclusive remedy for defective products.
YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE DATA
STORED ON YOUR HARD DRIVE OR OTHER STORAGE DEVICES AS A
PRECAUTION AGAINST POSSIBLE FAILURES, ALTERATION, OR
LOSS OF THE DATA. BEFORE RETURNING ANY UNIT FOR SERVICE,
BE SURE TO BACK UP DATA AND REMOVE ANY CONFIDENTIAL,
PROPRIETARY, OR PERSONAL INFORMATION. ROCSTOR IS NOT
RESPONSIBLE FOR DAMAGE TO OR LOSS OF ANY PROGRAMS, DATA,
OR REMOVABLE STORAGE MEDIA. ROCSTOR IS NOT RESPONSIBLE
FOR THE RESTORATION OR REINSTALLATION OF ANY PROGRAMS
OR DATA OTHER THAN SOFTWARE INSTALLED BY ROCSTOR WHEN
THE PRODUCT IS MANUFACTURED.
Rocstor does not warrant that the operation of this product will be
uninterrupted or error-free. Rocstor is not responsible for damage that occurs
as a result of your failure to follow the instructions that came with the
Rocstor branded product.
This Limited Warranty does not apply to expendable parts. This Limited
Warranty does not extend to any product from which the serial number
has been removed or that has been damaged or rendered defective (a)
as a result of accident, misuse, abuse, or other external causes; (b) by
operation outside the usage parameters stated in the user
documentation that shipped with the product; (c) by the use of parts
not manufactured or sold by Rocstor; or (d) by modification or service
by anyone other than (i) Rocstor, (ii) a Rocstor authorized service
provider, or (iii) your own installation of end-user replaceable Rocstor or
Rocstor approved parts if available for your product in the servicing
country.
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These terms and conditions constitute the complete and exclusive warranty
agreement between you and Rocstor regarding the Rocstor branded product
you have purchased or leased. These terms and conditions supersede any
prior agreements or representations-including representations made in
Rocstor sales literature or advice given to you by Rocstor or an agent or
employee of Rocstor-that may have been made in connection with your
purchase or lease of the Rocstor branded product. No change to the
conditions of this Limited Warranty is valid unless it is made in writing and
signed by an authorized representative of Rocstor.
Limitation of Liability
IF YOUR ROCSTOR BRANDED HARDWARE PRODUCT FAILS TO WORK AS
WARRANTED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE
REPAIR OR REPLACEMENT. ROCSTOR'S MAXIMUM LIABILITY UNDER
THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF
THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF
REPAIR OR REPLACEMENT OF ANY HARDWARE COMPONENTS THAT
MALFUNCTION IN CONDITIONS OF NORMAL USE.
ROCSTOR IS NOT LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT
OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY
LOST PROFITS OR SAVINGS OR SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES. ROCSTOR IS NOT LIABLE FOR ANY CLAIM
MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE
SOUGHT, OR A CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A
TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT
LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS
LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY
PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF
YOU HAVE ADVISED ROCSTOR OR AN AUTHORIZED REPRESENTATIVE
OF ROCSTOR OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT
MAY VARY FROM STATE TO STATE OR FROM
COUNTRY TO COUNTRY. YOU ARE ADVISED TO
CONSULT APPLICABLE STATE OR COUNTRY LAWS
FOR A FULL DETERMINATION OF YOUR RIGHTS.
Options and Software
The Limited Warranty terms and conditions for Rocstor options are as
indicated in the Limited Warranty applicable to Rocstor options. ROCSTOR
DOES NOT WARRANT SOFTWARE PRODUCTS, INCLUDING ANY
SOFTWARE PRODUCTS OR THE OPERATING SYSTEM PREINSTALLED BY
ROCSTOR. Rocstor's only obligations with respect to software distributed by
