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product; (iii) give or allow access to the
Software to a third party; or (iv) copy all or any
part of the Software. Notwithstanding the
aforementioned, if the User receives the
Software from eDevice in an electronic format
(i.e. on a CD or by email), the User may install or
load the Software on the Product or on
hardware integrating the Product within the
limit of the number of units of the Product
purchased by the User.
eDevice software that is not intended to be
embedded in the Products such as PC software
or other computer-based software including,
but not limited to, applications accessed via the
Internet, may be subject to a separate license
agreement.
Any
such
separate
license
agreement will be read together with these
terms but will prevail where there is a conflict
between these terms and the separate
agreement.
5.
Modifications to the Products
eDevice reserves the right to modify at any time
all or part of the technical characteristics of the
Products (manufacturing process, appearance,
brand, labeling, packaging, reference, etc.). In
no event will eDevice be obliged to modify
those Products that have already been
delivered.
6.
Network Services
6.1.
The Product may come enabled for access
to an eDevice network service or with an option
to connect to such services (hereinafter referred
to as: “Network Services”).
6.2.
eDevice does not guarantee the availability
of Network Services in any particular location or
at any particular time. Furthermore it is noted
that Network Services’ coverage by its nature is
variable and is not guaranteed.
6.3.
Network Services may only be used by the
User through the operation of an eDevice
product. Use of the Network Services by any
means other than through an eDevice product is
strictly prohibited. Furthermore, the User shall
be liable and responsible for any such
prohibited use and its consequences which may
include additional billing to the User’s provider
and disconnection from the Network Services.
7.
Limited Warranty
7.1.
For a period of twenty four (24) months
from the date of the shipment of the Products,
eDevice warrants that it will cover defects in the
materials and workmanship in the Products, and
that the Products conform substantially to their
technical specifications.
This limited warranty does not apply if the
alleged fault is the result of normal wear and
tear of the Product, misuse, use for an improper
purpose, User modifications to the Product,
failure to properly supervise or maintain the
Product and, more generally, of any event over
which eDevice has no control. In order to
benefit from this limited warranty as described
in the present Article 6, the User must:
• Inform eDevice in writing and without delay,
of the defective nature of the Product, and
supply a detailed description of the defect or
defects, together with the serial numbers of the
relevant Products.
• At eDevice’s request, return the defective
Products to eDevice at the User’s expense and
risk in their original packaging.
Should the alleged defect be confirmed by
eDevice, eDevice may at its sole discretion,
within a reasonable time, decide to repair or to
replace the defective Products with an
equivalent product.
7.2.
The present warranty is exclusive of any
other warranty. eDevice grants no warranty
other than that which appears in the present
article 7, whether express or implied concerning
the Products as delivered and in particular no
implied warranty as to the merchantability of
the Products or the adaptability of the Product
for a particular use.
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