6201-WA-DFNT
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ProLinx Wireless
Support, Service & Warranty
High Speed Wireless EtherNet/IP Gateway
Page 40 of 45
ProSoft Technology, Inc.
August 12, 2008
7.3 LIMITED
WARRANTY
This Limited Warranty ("Warranty") governs all sales of hardware, software and
other products (collectively, "Product") manufactured and/or offered for sale by
ProSoft, and all related services provided by ProSoft, including maintenance,
repair, warranty exchange, and service programs (collectively, "Services"). By
purchasing or using the Product or Services, the individual or entity purchasing or
using the Product or Services ("Customer") agrees to all of the terms and
provisions (collectively, the "Terms") of this Limited Warranty. All sales of
software or other intellectual property are, in addition, subject to any license
agreement accompanying such software or other intellectual property.
7.3.1 What Is Covered By This Warranty
a)
Warranty On New Products
: ProSoft warrants, to the original purchaser,
that the Product that is the subject of the sale will (1) conform to and
perform in accordance with published specifications prepared, approved
and issued by ProSoft, and (2) will be free from defects in material or
workmanship; provided these warranties only cover Product that is sold as
new. This Warranty expires three years from the date of shipment (the
"Warranty Period"). If the Customer discovers within the Warranty Period
a failure of the Product to conform to specifications, or a defect in material
or workmanship of the Product, the Customer must promptly notify
ProSoft by fax, email or telephone. In no event may that notification be
received by ProSoft later than 39 months. Within a reasonable time after
notification, ProSoft will correct any failure of the Product to conform to
specifications or any defect in material or workmanship of the Product,
with either new or used replacement parts. Such repair, including both
parts and labor, will be performed at ProSoft's expense. All warranty
service will be performed at service centers designated by ProSoft.
b)
Warranty On Services
: Materials and labor performed by ProSoft to repair
a verified malfunction or defect are warranteed in the terms specified
above for new Product, provided said warranty will be for the period
remaining on the original new equipment warranty or, if the original
warranty is no longer in effect, for a period of 90 days from the date of
repair.
7.3.2 What Is Not Covered By This Warranty
a) ProSoft makes no representation or warranty, expressed or implied, that
the operation of software purchased from ProSoft will be uninterrupted or
error free or that the functions contained in the software will meet or
satisfy the purchaser's intended use or requirements; the Customer
assumes complete responsibility for decisions made or actions taken
based on information obtained using ProSoft software.
