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 NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY
PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL
ENFORA BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OR
INTERRUPTION OF USE, DATA, REVENUES OR PROFITS) RESULTING FROM A
BREACH OF THIS WARRANTY OR BASED ON ANY OTHER LEGAL THEORY, EVEN IF
ENFORA HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH
DAMAGES.
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.
In some instances, certain aspects of the product warranty may also be covered in a separate
written agreement between Enfora and the distributor or reseller, if any, from whom purchaser
purchased the product. That agreement may provide, for example, a different product return
procedure that may also be available to purchaser (e.g., the product may be returned to Enfora
through that distributor or reseller).
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