replaced Hardware is delivered. If a material defect is incapable of correction, or if D-Link determines in its sole discretion that it is not practical to repair or replace the defective Hardware, the price paid by the original purchaser for the defective Hardware will be refunded by D-Link upon return to D-Link of the defective Hardware. All Hardware (or part thereof) that is replaced by D-Link, or for which the purchase price is refunded, shall become the property of D-Link upon replacement or refund.
Limited Software Warranty: D-Link warrants that the software portion of the product (“Software”) will substantially conform to D-Link’s then current functional specifications for the Software, as set forth in the applicable documentation, from the date of original delivery of the Software for a period of ninety (90) days (“Warranty Period”), if the Software is properly installed on approved hardware and operated as contemplated in its documentation. D-Link further warrants that, during the Warranty Period, the magnetic media on which D-Link delivers the Software will be free of physical defects. D-Link’s sole obligation shall be to replace the non-conforming Software (or defective media) with software that substantially conforms to D-Link’s functional specifications for the Software. Except as otherwise agreed by D-Link in writing, the replacement Software is provided only to the original licensee, and is subject to the terms and conditions of the license granted by D-Link for the Software. The Warranty Period shall extend for an additional ninety (90) days after any replacement Software is delivered. If a material non-conformance is incapable of correction, or if D-Link determines in its sole discretion that it is not practical to replace the non-conforming Software, the price paid by the original licensee for the non-conforming Software will be refunded by D-Link; provided that the non-conforming Software (and all copies thereof) is first returned to D-Link. The license granted respecting any Software for which a refund is given automatically terminates.