programs and data to protect against loss or corruption. VeEX’s warranty obligations do not include installation support. No one is
authorized to make any statement or representation altering the terms of this Limited Warranty.
Limited Software Warranty
Subject to the terms of VeEX’s End User License Agreement, VeEX warrants for a period of 90 days from the Start Date that: (i) the
media on which the Software is delivered will be free of defects in material and workmanship under normal authorized use
consistent with the Product instructions; and (ii) the Software will perform substantially in accordance with VeEX’s standard
specifications. VeEX does not warrant that the Software will operate uninterrupted or error-free. In the event that VeEX receives
notice during the warranty period for (the “Error”), Customer’s sole and exclusive remedy, and VeEX’s sole and exclusive liability,
shall be: (1) for VeEX to replace the defective media; or (2) to provide Customer with a replacement copy of the Software containing
any correction or modification needed to remedy the Error; or (3), at its sole option, to use commercially reasonable efforts to correct
any substantial nonconformity of the Software reported to VeEX’s authorized service or support representative by Customer during
the warranty period.
Customer’s sole and exclusive remedy for VeEX’s failure to correct the Error will be the refund of the purchase
price of the Software, provided that the Software is returned to VeEX by the Customer along with proof of purchase within thirty (30)
days of the request by the Customer, freight prepaid. VeEX shall not be obligated to remedy any Error which cannot be adequately
reproduced by VeEX.
During the Warranty Period, VeEX will provide, without charge to the customer, all fixes, patches and enhancements to the
purchased software, firmware and software options. VeEX does not warrant that all software or firmware defects will be corrected.
New enhancements attached to a software option require the option to be purchased (at the time of order or the time of upgrade) in
order to benefit from such enhancements.
VeEX’s obligations hereunder are conditioned upon Customer’s compliance with the terms of VeEX’s End User License Agreement.
For purposes of this Limited Warranty, “Software” means any VeEX software embedded in or installed on any Hardware when
delivered to Customer, or any VeEX software identified in a Purchase Order, invoice or proof of entitlement issued by VeEX. With
respect to any Software that is not shipped from VeEX’s facilities or from an authorized VeEX reseller to the Customer, the “Start
Date” shall mean the date when the Customer is granted access to the Software on the VeEX website.
The foregoing warranty shall not apply to any failure to conform by the Software that is caused by (a) the use or operation of the
Software in an environment other than that intended or recommended by VeEX in the applicable Documentation, (b) modifications to
the Software not made or authorized by VeEX, (c) third party hardware or software, provided by any third party and not authorized
by VeEX for use with the Software, (d) used other than in its most current version (to the extent that any failure of the Software
would have been avoided by the use of the most current version); or (e) damaged by improper environment, abuse, misuse,
accident or negligence. In addition, the foregoing warranty shall not apply to any Software which has been used with any third party
hardware or software not authorized by VeEX for use with the Software.
Hardware Replacement Process
Any defective Hardware can only be replaced in accordance with VeEX’s Return Policy.
Transportation costs, if any, incurred in
connection with the return of a defective Hardware to an VeEX repair center shall be borne by Customer.
If VeEX determines, at its
sole discretion, that the allegedly defective Hardware is not covered by VeEX’s Limited Warranty, the cost of repair by VeEX,
including all shipping expenses, shall be paid by Customer. Customer is responsible for backing up and saving
any data, software,
firmware or other information embedded in or saved on any returned Hardware, and VeEX will not restore, save or return any such
data, software, firmware or other information with any repaired or replaced Hardware. This Limited Warranty only covers Hardware
manufactured by an authorized VeEX manufacturer and sold by VeEX’s distributors and resellers.
Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY, ALL EXPRESS OR IMPLIED REPRESENTATIONS AND
WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR MEETING CUSTOMER’S REQUIREMENTS, NONINFRINGEMENT OF ANY THIRD PARTY’S
INTELLECTUAL PROPERTY RIGHTS, COMPATIBILITY OR INTEROPERABILITY WITH ANY HARDWARE, SOFTWARE,
SYSTEMS OR DATA NOT PROVIDED BY VEEX, SATISFACTORY QUALITY, OR FREEDOM FROM INTERRUPTION OR
ERROR, ARE HEREBY DISCLAIMED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. VEEX
DISCLAIMS ANY WARRANTY, REPRESENTATION OR ASSURANCE THAT THE PRODUCT WILL OPERATE WITHOUT
ERROR OR INTERRUPTION, OR WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. ANY PRODUCTS
LICENSED OR PROVIDED UNDER AN EVALUATION LICENSE, ANY PRODUCTS PROVIDED WITHOUT CHARGING ANY FEE,
ANY MODIFIED PRODUCTS AND ANY THIRD PARTY PRODUCTS ARE FURNISHED “AS IS,” WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. CUSTOMER MAY NOT MAKE A WARRANTY
CLAIM AFTER EXPIRATION OF THE WARRANTY PERIOD. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE
EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD OR OTHERWISE TO THE MAXIMUM
EXTENT PERMITTED BY LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. THIS WARRANTY
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