Product Warranty
LIMITED SOFTWARE WARRANTY
IntraServer Technology, Inc. (“ITI”) warrants to only the original licensee that the Software, when properly installed in conjunction with the Host Adapter, will perform substantially in accordance with ITI’s specifications contained in ITI’s documentation provided with the Software (“ITI’s Documentation”) for a period of 60 days from the date of the original licensing. Furthermore, ITI warrants that the media upon which the software is stored is free from defects of material or workmanship for a period of 60 days. If the software should fail to perform substantially in accordance with ITI’s Documentation or if there is a defect on the media during the warranty period, ITI will use reasonable commercial efforts to correct any failure of the software to perform substantially in accordance with ITI’s Documentation and will replace any defective media when the defective media is returned to ITI by the original licensee. The remedy for breach of this warranty shall not cover any other damages, including but not limited to the loss of data, profit, special, incidental, consequential, and other similar claims.
LIMITED HARDWARE WARRANTY
ITI warrants to only the original licensee that the Host Adapter is free of defects in materials and workmanship under normal use for a period of three years from the date of purchase. In the event of a defect in Host Adapter material or workmanship during such warranty period, ITI, at its discretion, will repair or replace the defective product when the defective product is returned to ITI by the original licensee. The remedy for this breach of warranty is limited to replacement only and shall not cover any other damages, including but not limited to the loss of data, profit, special, incidental, consequential, and other similar claims.
If the Host Adapter is found to be defective, ITI, at its option, agrees to replace or repair the Host Adapter at no charge except as stated below, provided that the original licenses delivers the Host Adapter with a return material authorization (RMA) number and a dated proof of purchase. The original licensee assumes the risk of damage or loss in transit. The original licensee must use the original container (or equivalent) and pay the shipping charge.
ITI may replace or repair the product with new or reconditioned parts, and the replacement parts or product become the property of ITI. ITI warrants the repaired or replaced parts or product to be free from defects in material or workmanship for a period of the greater of (i) ninety (90) days from the
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