NTS SERVER HARDWARE LIMITED WARRANTY
THIS IS TO CERTIFY that the NexPath NTS Server hardware ("NTS Server") is hereby warranted to be free of all defects in material and workmanship for one (1) year from the date of initial purchase. This Warranty does not apply to a defect caused by negligence, misuse, accidents, acts of God, or to any use not in accordance with the instructions and specifications published by NexPath Corporation ("NexPath"). Use of the NTS Server in emergency or
During the period of this Warranty, NexPath will repair or replace at our service center located in Santa Clara, Cali- fornia, any part proving defective in material or workmanship. All expenses related to replacing or repairing a defec- tive part under this Warranty will be assumed by NexPath except for the cost of transporting the product to NexPath's service center, which shall be the responsibility of the buyer.
The buyer must notify NexPath of any defect, malfunction or nonconformity promptly upon discovery. Within 30 days after receiving the NTS Server from the buyer, NexPath will repair or replace the defective part, at its own option, provided that NexPath has found the NTS Server to be defective. CUSTOMER'S SOLE AND EXCLUSIVE REME-
DY HEREUNDER SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT SPECIFIED HEREIN.
The foregoing warranties are contingent upon (1) the proper use of the hardware in accordance with the instructions and specifications published by NexPath, (2) the purchase of the NTS Server from a dealer or distributor authorized by NexPath to sell the NTS Server, and (3) return of a properly completed Warranty Registration Card within 30 days of purchase; and may not apply to any NTS Server that has been repaired or modified by persons other than NexPath. The NTS Server Limited Warranty is
BUYER AGREES THAT ITS EXCLUSIVE REMEDIES, AND NEXPATH'S ENTIRE LIABILITY WITH RE- SPECT TO THE NTS SERVER, SHALL BE AS SET FORTH HEREIN. BUYER FURTHER AGREES THAT NEX- PATH SHALL NOT BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARIS- ING OUT OF BUYER'S USE OR INABILITY TO USE THE NTS SERVER OR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, EVEN IF THE BUYER HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRAN- TIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT- ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NexPath Corporation
2972 Scott Boulevard
Santa Clara, CA 95054
This Warranty is effective only if the enclosed registration card is returned to NexPath within thirty (30) days of the date of initial purchase. NexPath neither assumes nor authorizes any representative or other person to assume for Nex- Path any other liability in connection with the sale or shipment of NexPath products.
