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Software, Limitation of warranties, Limitation of liability – D-Link AIR DWL-610 User Manual

Page 47

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Software:

Warranty service for software products may be obtained by contacting a D-Link office within the

applicable warranty period. A list of D-Link offices is provided at the back of this manual, together

with a copy of the Registration Card. If a Registration Card for the product in question has not been

returned to a D-Link office, then a proof of purchase (such as a copy of the dated purchase invoice)

must be provided when requesting warranty service. The term "purchase" in this software warranty

refers to the purchase transaction and resulting licence to use such software.

D-Link warrants that its software products will perform in substantial conformance with the

applicable product documentation provided by D-Link with such software product, for a period of
ninety (90) days from the date of purchase from D-Link or its Authorized Reseller. D-Link warrants

the magnetic media, on which D-Link provides its software product, against failure during the same

warranty period. This warranty applies to purchased software, and to replacement software

provided by D-Link pursuant to this warranty, but shall not apply to any update or replacement

which may be provided for download via the Internet, or to any update which may otherwise be

provided free of charge.

D-Link’s sole obligation under this software warranty shall be to replace any defective software

product with product which substantially conforms to D-Link’s applicable product documentation.
Purchaser assumes responsibility for the selection of appropriate application and system/platform

software and associated reference materials. D-Link makes no warranty that its software products

will work in combination with any hardware, or any application or system/platform software product

provided by any third party, excepting only such products as are expressly represented, in D-Link’s

applicable product documentation as being compatible. D-Link’s obligation under this warranty

shall be a reasonable effort to provide compatibility, but D-Link shall have no obligation to provide

compatibility when there is fault in the third-party hardware or software. D-Link makes no
warranty that operation of its software products will be uninterrupted or absolutely error-free, and

no warranty that all defects in the software product, within or without the scope of D-Link’s

applicable product documentation, will be corrected.

LIMITATION OF WARRANTIES

IF THE D-LINK PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, THE CUSTOMER’S

SOLE REMEDY SHALL BE, AT D-LINK’S OPTION, REPAIR OR REPLACEMENT. THE

FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL
OTHER WARRANTIES, EXPRESSED OR IMPLIED, EITHER IN FACT OR BY OPERATION OF

LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY

AND FITNESS FOR A PARTICULAR PURPOSE. D-LINK NEITHER ASSUMES NOR

AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN

CONNECTION WITH THE SALE, INSTALLATION MAINTENANCE OR USE OF D-LINK’S

PRODUCTS.

D-LINK SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND

EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT IN THE PRODUCT DOES NOT

EXIST OR WAS CAUSED BY THE CUSTOMER’S OR ANY THIRD PERSON’S MISUSE,

NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO

REPAIR, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY

ACCIDENT, FIRE, LIGHTNING OR OTHER HAZARD.

LIMITATION OF LIABILITY

IN NO EVENT WILL D-LINK BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA,

LOSS OF PROFITS, COST OF COVER OR OTHER INCIDENTAL, CONSEQUENTIAL OR

INDIRECT DAMAGES ARISING OUT THE INSTALLATION, MAINTENANCE, USE,