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Warranty and liability information, Limited warranty on hardware, Limitation of liability – AJA KONA 4 PCI-E Video I/O Card (HDMI Output, Cable Included) User Manual

Page 91: Governing law and language; your rights

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KONA Capture, Display, Convert v15.5 91 www.aja.com

Warranty and Liability Information

Limited Warranty on Hardware.

AJA Video Systems, Inc. (AJA Video) warrants that the hardware product, not

including storage modules or software components, will be free from defects in

materials and workmanship for a period of three years from the date of purchase. AJA

Video warrants that the storage modules provided as part of the hardware product

will be free from defects in materials and workmanship for a period of one year from

the date of purchase. AJA Video provides a separate software warranty as part of the

license agreement applicable to software components.
If the Customer brings a valid claim under this limited warranty for a hardware

product or storage module (hereafter, a “product”) during the applicable warranty

period, AJA Video will, at its sole option and as the Customer’s sole remedy for breach

of the above warranty, provide one of the following remedies:

• Repair or facilitate the repair the product within a reasonable period of time,

free of charge for parts and labor.

• Replace the product with a direct replacement or with a product that

performs substantially the same function as the original product.

• Issue a refund of the original purchase price less depreciation to be

determined based on the age of the product at the time remedy is sought

under this limited warranty.

To obtain service under this warranty, the Customer must notify AJA Video of the

defect before expiration of the warranty period and make suitable arrangements for

the performance of service by contacting AJA Video support through the channels

set forth on the support contacts web page at https://www.aja.com/support.

Except as stated, the Customer shall bear all shipping, packing, insurance and other

costs, excluding parts and labor, to effectuate repair. Customer shall pack and ship

the defective product to a service center designated by AJA Video, with shipping

charges prepaid. AJA Video shall pay to return the product to Customer, but only

if to a location within the country in which the AJA Video service center is located.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR

LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL

OF THE TERMS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

Limitation of Liability

Under no circumstances shall AJA video BE LIABLE IN ANY WAY FOR ANY LOST,

CORRUPTED OR DESTROYED DATA, FOOTAGE OR WORK, OR FOR ANY OTHER

INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS,

OR FOR ANY THIRD PARTY CLAIM, IN CONNECTION WITH THE PRODUCT, WHETHER

RESULTING FROM DEFECTS IN THE PRODUCT, SOFTWARE OR HARDWARE FAILURE,

OR ANY OTHER CAUSE WHATSOEVER, EVEN IF AJA VIDEO HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. AJA VIDEO’S LIABILITY IN CONNECTION WITH THE

PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE PURCHASE PRICE PAID

FOR THE PRODUCT. The foregoing limitations apply even if any remedy set forth in

this LIMITED WARRANTY fails of its essential purpose. SOME JURISDICTIONS DO NOT

ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR

CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE TERMS OF THIS PARAGRAPH

MAY NOT APPLY TO YOU. 

Governing Law and Language; Your Rights.

This limited warranty is the only warranty provided by AJA Video on the hardware

product. It supersedes all prior or contemporaneous understandings regarding such

subject matter. No amendment to or modification of this warranty will be binding

unless in writing and signed by AJA Video. The laws of the State of California, USA

will govern this warranty and any dispute arising from it. Any translation of this