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Asante Technologies 35160 User Manual

Page 75

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2. Asanté warrants that Asanté software will not fail to execute its programming instructions, for the period
specified above, due to defects in material and workmanship when properly installed and used. If Asanté
receives notice of such defects during the warranty period, Asanté will replace software media that does not
execute its programming instructions due to such defects.

3. Asanté does not warrant that the operation of Asanté products will be uninterrupted or error free. If
Asanté is unable, within a reasonable time, to repair or replace any product to a condition as warranted,
customer would be entitled to a refund of the pro-rated purchase price upon prompt return of the product.

4. Asanté products may contain remanufactured parts equivalent to new in performance.

5. The warranty period begins on the date of delivery or on the date of installation if installed by Asanté.

6. Warranty does not apply to defects resulting from (a) improper or inadequate maintenance or calibration,
(b) software, interfacing, parts or supplies not supplied by Asanté, (c) unauthorized modification or misuse,
(d) operation outside of the published environmental specifications for the product, or (e) improper site
preparation or maintenance. This warranty expressly excludes problems arising from compatibility with other
vendors’ products, or future compatibility due to third party software or driver updates.

7. TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE WARRANTIES ARE EXCLUSIVE AND
NO OTHER WARRANTY OR CONDITION, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR
IMPLIED AND ASANTÉ SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

8. Asanté will be liable for damage to tangible property per incident up to the greater of $10,000 or the actual
amount paid for the product that is the subject of the claim, and for damages for bodily injury or death, to the
extent that all such damages are determined by a court of competent jurisdiction to have been directly
caused by a defective Asanté product.

9. TO THE EXTENT ALLOWED BY LOCAL LAW, THE REMEDIES IN THIS WARRANTY STATEMENT
ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO
EVENT WILL ASANTÉ OR ITS SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL INCLUDING LOST PROFIT OR DATA), OR OTHER
DAMAGE, WHETHER BASED IN CONTRACT, ORT, OR OTHERWISE.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or
imitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to
you. This warranty gives you specific legal rights, and you may have other rights, which vary from jurisdiction
to jurisdiction.