in the product. Enfora shall not have any obligation to provide any software bug fixes, upgrades or new releases except as may be necessary to correct any covered defect of which purchaser notifies Enfora in writing during the applicable warranty period. Enfora, from time to time and in its sole discretion, may make available for download on its website (www.enfora.com) certain software bug fixes, upgrades or new releases for the product. The purchaser should periodically visit such website to determine whether any such bug fixes, upgrades or new releases have become available. Download and use of any such bug fixes, upgrades or new releases is subject to all of the applicable terms and conditions of Enfora’s technical support policy as posted and updated on its website.
Exceptions and Disclaimers
Enfora shall have no obligation under this limited warranty for (a) normal wear and tear, (b) the cost of procurement of substitute products or (c) any defect that is (i) discovered by purchaser during the warranty period but purchaser does not notify or request an RMA number from Enfora, as required above, until after the end of the warranty period, (ii) caused by any accident, misuse, abuse, improper installation, handling or testing, or unauthorized repair or modification of the product, (iii) caused by use of any software other than any software supplied by Enfora, or by use of the product other than in accordance with its documentation or (iv) the result of electrostatic discharge, electrical surge, fire, flood or similar causes. Unless otherwise provided in a written agreement between the purchaser and Enfora, the purchaser shall be solely responsible for the proper configuration, testing and verification of the product prior to deployment in the field.
ENFORA’S SOLE RESPONSIBILITY AND PURCHASER’S SOLE REMEDY UNDER THIS LIMITED WARRANTY SHALL BE TO REPAIR OR REPLACE THE PRODUCT HARDWARE, SOFTWARE OR SOFTWARE MEDIA (OR IF REPAIR OR REPLACEMENT IS NOT POSSIBLE, OBTAIN A REFUND OF THE PURCHASE PRICE) AS PROVIDED ABOVE. ENFORA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
Other Considerations
Some jurisdictions may require a longer warranty period than specified above and, accordingly, for products sold in those jurisdictions the applicable warranty period shall be extended as required under the laws of those jurisdictions. Furthermore, some jurisdictions may not allow the disclaimer of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above disclaimer, limitation or exclusion may not apply to products sold in those jurisdictions. This limited warranty gives the purchaser specific legal rights and the purchaser may have other legal rights that vary from jurisdiction to jurisdiction.
WLN1501/WLN1502 | Page 18 |
Copyright, 2005 Enfora, Inc. |
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