44 Limited Product Warranty and Guideline for Obtaining Warranty Service

Warranty Exclusions and Limitations

THIS WARRANTY IS ONLY APPLICABLE TO NEW PRODUCT SERIES RELEASED BY ATI AFTER AUGUST 31, 2005. PRODUCTS RELEASED PRIOR TO THIS DATE ARE SUBJECT TO THE PREVIOUS WARRANTY TERMS AND CONDITIONS.

THIS WARRANTY IS ONLY APPLICABLE IF PRODUCT REGISTRATION IS RECEIVED WITHIN 30 DAYS OF THE DATE THE PRODUCT IS PURCHASED. TO BE ELIGIBLE FOR THIS WARRANTY, YOU MUST REGISTER AT www.ati.com/customercare/registration THE ORIGINAL SALES RECEIPT SHOWING THE DATE OF PURCHASE OF THE PRODUCT, IS PROOF OF THE DATE OF PURCHASE. ATI MAY REQUEST THE ORIGINAL SALES RECEIPT OR A COPY AS PROOF OF DATE OF PURCHASE.

ATI does not warrant third party products which ATI distributes “AS IS” unless otherwise specified. Third party products may be warranted by the third party.

ATI makes no warranty or representation that: (i) the operation of the product will be uninterrupted or error free; (ii) defects in the product will be corrected; or (iii) that the product will meet Customer’s requirements or work in combination with any hardware or software provided by third parties.

Only retail-packaged PC or Macintosh products are eligible for warranty service from ATI. These products ship complete with a retail box, manual, and corresponding accessories. All PC or MAC products bundled in complete systems are covered by the system manufacturer's or system builder’s warranty only.

TO THE FULLEST EXTENT ALLOWED BY LAW, THE WARRANTIES, REMEDIES AND LIMITATIONS CONTAINED HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

ATI WILL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT OR MALFUNCTION IN THE PRODUCT OR SOFTWARE DOES NOT EXIST OR WAS CAUSED BY CUSTOMER’S OR ANY THIRD PARTYY’S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO OPEN, REPAIR OR MODIFY THE PRODUCT OR SOFTWARE, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, OTHER HAZARDS, OR ACTS OF GOD. THIS WARRANTY WILL NOT APPLY TO PRODUCTS USED FOR NUCLEAR RELATED, WEAPONS RELATED, MEDICAL OR LIFE SAVING PURPOSES.

TO THE FULLEST EXTENT ALLOWED BY LAW, ATI ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS, EVEN IF ATI OR ITS RESELLER HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. ATI’S SOLE LIABILITY WITH RESPECT TO ITS PRODUCT IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT, AT ATI’S OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL FOR ESSENTIAL PURPOSE.

Disclaimer

Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages for products supplied to consumers, or the limitation of liability for personal injury, so the foregoing limitations and exclusions may not apply or may be limited in their application to you. When implied