Sputnik Limited Warranty
Sputnik, Inc. ("Sputnik") warrants that commencing from the date of delivery to Customer (but in case of resale by a Sputnik reseller, commencing not more than ninety (90) days after original shipment by Sputnik), and continuing for a period of one (1) year: (a) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; (b) the Software substantially conforms to its published specifications; (c) the Hardware will be substantially free of defects in materials and workmanship under normal use. The date of shipment of a Product by Sputnik is set forth on the packaging material in which the Product is shipped. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to the Customer who is the original licensee. Customer's sole and exclusive remedy and the entire liability of Sputnik and its suppliers under this limited warranty will be, at Sputnik's option, repair, replacement, or refund of the Software and Hardware if reported (or, upon request, returned) to Sputnik or the party supplying the Software to Customer, if different than Sputnik. In no event does Sputnik warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, Sputnik does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.
If the Product proves defective during the Warranty Period submit an RMA request from the Sputnik web site in order to obtain an RMA number. Mark the RMA number clearly on the outside of the package and include a copy of your original proof of purchase. You are responsible for shipping defective products to Sputnik. Sputnik pays for Federal Express Ground shipping from Sputnik back to you only. Customers located outside of the United States of America and Canada are responsible for all shipping and handling charges.
Restrictions. This warranty does not apply if the Product (a) has been altered, except by Sputnik, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Sputnik, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; (d) is used outdoors; or (e) is licensed, for beta, evaluation, testing or demonstration purposes for which Sputnik does not receive a payment of purchase price or license fee.
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DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.
General Terms Applicable to the Limited Warranty Statement
Disclaimer of Liabilities. IN NO EVENT WILL SPUTNIK OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE EVEN IF SPUTNIK OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Sputnik's or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Warranty and the Software License shall be governed by and construed in accordance with the laws of the State of California, without reference to principles of conflict of laws, provided that for Customers located in a member state of the European Union, Norway or Switzerland, English law shall apply. The United Nations Convention on the International Sale of Goods shall not apply. If any portion hereof is found to be void or unenforceable, the remaining provisions of the Warranty and the Software License shall remain in full force and effect. Except as expressly provided herein, the Software License constitutes the entire agreement between the parties with respect to the license of the Software and supersedes any conflicting or additional terms contained in the purchase order.
If Customer has entered into a contract directly with Sputnik for supply of the Products subject to this warranty, the terms of that contract shall supersede any terms of this Warranty or the Warranty Card, or the Software License, which are inconsistent with that contract. Customer acknowledges that: the Internet URL address and the web pages referred to in this document may be updated by Sputnik from time to time; the version in effect at the date of delivery of the Products to the Customer shall apply. |
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