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XiNCOM warrants that (a) the hardware components of the product will be free from defects in materials and workmanship under normal use for one (1) year from the date of purchase when used within the limits set forth in the Specifications section of the User Guide, and (b) the software components will perform substantially in accordance with XiNCOM's published specifications for ninety (90) days from the date of purchase, but does not warrant that the software will be error-free or free of all defects.
Should a product fail to perform as described in the User Guide within the warranted period, it will be repaired or replaced with the same or functionally equivalent product by XiNCOM, at its discretion, free of charge provided that you: (a) return the failed product to an XiNCOM designated repair facility with shipping charge prepaid, and (b) provide XiNCOM with proof of the original date of purchase. Repaired or replacement products will be returned to you with shipping charges prepaid. XiNCOM warrants any replaced or repaired product or component for the remainder of the initial warranty period. Replacement products may be refurbished or contain refurbished materials or components. If XiNCOM, by its sole determination, is unable to restore the product to proper operating condition, it will refund the depreciated purchase price of the product.
This warranty extends only to you, the original purchaser and is not transferable to any subsequent purchasers. Warranty is void on products purchased or used outside the United States.
This warranty does not apply if, in the judgment of XiNCOM, the product fails due to damage from shipment, handling, storage, accident, abuse, misapplication or misuse, or if it has been used or maintained in a manner not conforming to product manual instructions, has been modified in any way, or has had any serial number removed or defaced. Repair by anyone other than XiNCOM or an approved agent will void this warranty. The maximum liability of XiNCOM under this warranty is limited to the purchase price of the product covered by the warranty. Prior to returning any defective product, the purchaser or the authorized merchant from whom the purchaser originally bought the product must obtain a Return Material Authorization (RMA) number from XiNCOM. All defective products should be returned to XiNCOM with shipping charges prepaid. XiNCOM will not accept collect shipments.
WHILE XiNCOM HAS MADE EVERY EFFORT TO PROVIDE CLEAR AND ACCURATE TECHNICAL INFORMATION ABOUT ITS PRODUCTS, XiNCOM ASSUMES NO LIABILITY FOR ANY EVENTS ARISING OUT OF THE USE OF THE TECHNICAL INFORMATION OR THE PRODUCT. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE WARRANTIES AND REMEDIES STATED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. ANY AND ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE EXPRESSLY EXCLUDED. XiNCOM SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, TO ANY PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OR MALFUNCTION OF THE PRODUCTS, LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, OR COSTS OF REPLACEMENT GOODS, EVEN IF XiNCOM IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
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