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3. Warranty Information and Liability Waiver
TERMS and CONDITIONS
These terms and conditions are a legal contact between you and the Company
and supplement (but do not supersede) the terms and conditions of any master
agreement between you and Uplink Security, Inc. (the “Company”) governing your
purchase of the Product from the Company. By using, marketing, or selling the
Product, you agreement to these terms and conditions. In the event of any conflict
with the master agreement, the terms and conditions of the master agreement will
control.
LIMITED WARRANTY
Subject to the limitations and disclaimers set forth below, the Company warrants
that for one year following the date on which first activated (the “Warranty
Period”), the Product purchased under this Agreement will be free of defects in
materials and workmanship when installed, used, serviced, and operated in strict
accordance with the Company’s requirements. If the Product fails to operate
because of a defect in materials or workmanship within the Warranty Period, the
Company will repair or replace, or arrange for the repair or replacement, at its sole
option and at no charge to you, the Product or any component thereof that proves
to have such a defect. The Company’s agreement to repair or replace the Product
or any part thereof found to be defective in materials or workmanship is the
exclusive remedy provided herein; this remedy will not be deemed to have failed
of its essential purpose so long as the Company is willing and able to repair or
replace any such defective Product or any component thereof or, at the
Company’s sole option, to refund the purchase price paid. Prior to returning any
Product alleged to be defective, you must request and receive a Return
Merchandise Authorization (“RMA”) form from the Company for completion.
Restocking fees may apply.
THE WARRANTY SET FORTH ABOVE IS LIMITED. THE COMPANY MAKES NO
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE IN CONNECTION
WITH THE PRODUCT, AND ANY SUCH WARRANTIES ARE HEREBY DISCLAIMED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY
DOES NOT WARRANT OR REPRESENT, AND SPECIFICALLY DISCLAIMS, ANY
WARRANTY OR REPRESENTATION, THAT THE PRODUCT WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT WILL BE
UNINTERRUPTED OR ERROR-FREE. THE WARRANTY FURTHERMORE DOES
NOT COVER (A) PRODUCTS THAT HAVE BEEN TAMPERED WITH OR SERVICED
WITHOUT THE COMPANY’S AUTHORIZATION; (B) PRODUCTS WITH IDENTIFYING
INFORMATION OR LABELING ALTERED OR REMOVED; OR (C) PRODUCTS
SUBJECTED TO ABUSE, MISUSE, OR NEGLECT INCLUDING, WITHOUT
LIMITATION, USE IN A HOSTILE OPERATING ENVIRONMENT UNLESS
EXPRESSLY APPROVED BY THE COMPANY FOR SUCH USE.
