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For a period of time beginning on the date of purchase of the applicable product and extending as
set forth in the “
Warranty Period of AVerMedia Product Purchased
” section of the warranty
card, AVerMedia Information, Inc. (“AVerMedia”) warrants that the applicable product (“Product”)
substantially conforms to AVerMedia’s documentation for the product and that its manufacture and
components are free of defects in material and workmanship under normal use. “You” as used in
this agreement means you individually or the business entity on whose behalf you use or install
the product, as applicable. This limited warranty extends only to You as the original purchaser.
Except for the foregoing, the Product is provided “AS IS.” In no event does AVerMedia warrant
that You will be able to operate the Product without problems or interruptions, or that the Product
is suitable for your purposes. Your exclusive remedy and the entire liability of AVerMedia under
this paragraph shall be, at AVerMedia’s option, the repair or replacement of the Product with the
same or a comparable product. This warranty does not apply to (a) any Product on which the
serial number has been defaced, modified, or removed, or (b) cartons, cases, batteries, cabinets,
tapes, or accessories used with this product. This warranty does not apply to any Product that has
suffered damage, deterioration or malfunction due to (a) accident, abuse, misuse, neglect, fire,
water, lightning, or other acts of nature, commercial or industrial use, unauthorized product
modification or failure to follow instructions included with the Product, (b) misapplication of service
by someone other than the manufacturer’s representative, (c) any shipment damages (such claims
must be made with the carrier), or (d) any other causes that do not relate to a Product defect. The
Warranty Period of any repaired or replaced Product shall be the longer of (a) the original
Warranty Period or (b) thirty (30) days from the date of delivery of the repaired or replaced product.
Limitations of Warranty
AVerMedia makes no warranties to any third party. You are responsible for all claims, damages,
settlements, expenses, and attorneys’ fees with respect to claims made against You as a result of Your
use or misuse of the Product. This warranty applies only if the Product is installed, operated,
maintained, and used in accordance with AVerMedia specifications. Specifically, the warranties do not
extend to any failure caused by (i) accident, unusual physical, electrical, or electromagnetic stress,
neglect or misuse, (ii) fluctuations in electrical power beyond AVerMedia specifications, (iii) use of the
Product with any accessories or options not furnished by AVerMedia or its authorized agents, or (iv)
installation, alteration, or repair of the Product by anyone other than AVerMedia or its authorized agents.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN AND TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, AVERMEDIA DISCLAIMS ALL OTHER WARRANTIES WITH
RESPECT TO THE PRODUCT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING WITHOUT LIMITATION, SATISFACTORY QUALITY, COURSE OF DEALING, TRADE
USAGE OR PRACTICE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
Limitation of Liability
IN NO EVENT SHALL AVERMEDIA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, BUT
NOT LIMITED TO, LOSS OF PROFITS, DATA, REVENUE, PRODUCTION, OR USE, BUSINESS
INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF
OR IN CONNECTION WITH THIS LIMITED WARRANTY, OR THE USE OR PERFORMANCE OF
ANY PRODUCT, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR
ANY OTHER LEGAL THEORY, EVEN IF AVERMEDIA HAS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. AVERMEDIA’S TOTAL, AGGREGATE LIABILITY FOR DAMAGES OF ANY
NATURE, REGARDLESS OF FORM OF ACTION, SHALL IN NO EVENT EXCEED THE AMOUNT
PAID BY YOU TO AVERMEDIA FOR THE SPECIFIC PRODUCT UPON WHICH LIABILITY IS BASED.
Governing Law and Your Rights
This warranty gives You specific legal rights; You may also have other rights granted under state law.
These rights vary from state to state.
For warranty period, please refer to the warranty card.