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Vuzix warrants that your Vuzix hardware product shall be free from defects
in material and workmanship for the length of time specified in the
Warranty Period (one year), beginning from the date of purchase. If your
Vuzix hardware product is used for commercial purposes (including rental
or lease) the Warranty Period shall be reduced to only ninety (90) days from
date of purchase. Except where prohibited by applicable law, this warranty
is nontransferable and is limited to the original purchaser and does not
apply to anyone else, including anyone to whom You later make any
transfer or sale. This warranty gives you specific legal rights, and you may
also have other rights that vary under local laws, some of which are not
affected by the warranties in this Limited Warranty.
This Limited Warranty does not cover, and no warranty of any kind is
provided with respect to any subjective or aesthetic aspects of the hardware
product. Vuzix does not warrant that the operation of the product will be
uninterrupted or error-free. The limited warranty stated above is the only
warranty made to You and is provided in lieu of all other express or implied
warranties and conditions (except for any non-disclaimable implied
warranties that exist), including any created by any other documentation or
packaging. No information or suggestions (oral or in a record) given by
Vuzix, its agents, affiliates, dealers or suppliers or its or their employees or
agents, shall create a warranty or condition or expand the scope of this
Limited Warranty.
Any software distributed with the hardware product by Vuzix with or
without the Vuzix brand name is not covered under this Limited Warranty.
Refer to the licensing agreement accompanying the software (viewable
upon its installation), for details of your rights with respect to its use.
Vuzix’s entire liability and Your exclusive remedy for any breach of
warranty shall be, at Vuzix’ option, (1) to repair or replace all or part of the
hardware, 2) exchange the hardware 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) to refund the price
paid by You less reasonable depreciation based on your actual use, provided
that the hardware is returned to the point of purchase or such other place