GSM0128IG001
60
Revision Draft – 9/22/08
Exceptions and Disclaimers
Enfora shall have no obligation under this limited warranty for (a) normal wear and tear, (b) the cost of
procurement of substitute products or (c) any defect that is (i) discovered by purchaser during the warranty
period but purchaser does not notify or request an RMA number from Enfora, as required above, until after
the end of the warranty period, (ii) caused by any accident, misuse, abuse, improper installation, handling or
testing, or unauthorized repair or modification of the product, (iii) caused by use of any software other than
any software supplied by Enfora, or by use of the product other than in accordance with its documentation or
(iv) the result of electrostatic discharge, electrical surge, fire, flood or similar causes. Unless otherwise
provided in a written agreement between the purchaser and Enfora, the purchaser shall be solely
responsible for the proper configuration, testing and verification of the product prior to deployment in the
field.
ENFORA’S SOLE RESPONSIBILITY AND PURCHASER’S SOLE REMEDY UNDER
THIS LIMITED WARRANTY SHALL BE TO REPAIR OR REPLACE THE PRODUCT
HARDWARE, SOFTWARE OR SOFTWARE MEDIA (OR IF REPAIR OR
REPLACEMENT IS NOT POSSIBLE, OBTAIN A REFUND OF THE PURCHASE
PRICE) AS PROVIDED ABOVE. ENFORA EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY, SATISFACTORY PERFORMANCE AND FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT SHALL ENFORA BE LIABLE FOR ANY
INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION LOSS OR INTERRUPTION OF USE, DATA,
REVENUES OR PROFITS) RESULTING FROM A BREACH OF THIS WARRANTY OR
BASED ON ANY OTHER LEGAL THEORY, EVEN IF ENFORA HAS BEEN ADVISED
OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
Other Considerations
Some jurisdictions may require a longer warranty period than specified above and, accordingly,
for products sold in those jurisdictions the applicable warranty period shall be extended as
required under the laws of those jurisdictions. Furthermore, some jurisdictions may not allow the
disclaimer of implied warranties or the exclusion or limitation of incidental or consequential
damages, so the above disclaimer, limitation or exclusion may not apply to products sold in those
jurisdictions. This limited warranty gives the purchaser specific legal rights and the purchaser
may have other legal rights that vary from jurisdiction to jurisdiction.
In some instances, certain aspects of the product warranty may also be covered in a separate
written agreement between Enfora and the distributor or reseller, if any, from whom purchaser
purchased the product. That agreement may provide, for example, a different product return
procedure that may also be available to purchaser (e.g., the product may be returned to Enfora
through that distributor or reseller).
Governing Law
This limited warranty shall be governed by the laws of the State of Texas, United States
of America, without regard to conflict of laws principles. This limited warranty shall not be
governed in any respect by the United Nations Convention on Contracts for the
International Sale of Goods.
