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by D-Link at an Authorized D-Link Service Office. The replacement Hardware
need not be new or of an identical make, model or part; D-Link may in its
discretion may replace the defective Hardware (or any part thereof) with any
reconditioned product that D-Link reasonably determines is substantially
equivalent (or superior) in all material respects to the defective Hardware. The
Warranty Period shall extend for an additional ninety (90) days after any
repaired or replaced Hardware is delivered. If a material defect is incapable of
correction, or if D-Link determines in its sole discretion that it is not practical
to repair or replace the defective Hardware, the price paid by the original
purchaser for the defective Hardware will be refunded by D-Link upon return
to D-Link of the defective Hardware. All Hardware (or part thereof) that is
replaced by D-Link, or for which the purchase price is refunded, shall become
the property of D-Link upon replacement or refund.
Limited Software Warranty: D-Link warrants that the software portion of
the product ("Software") will substantially conform to D-Link's then current
functional specifications for the Software, as set forth in the applicable
documentation, from the date of original delivery of the Software for a period of
ninety (90) days ("Warranty Period"), if the Software is properly installed on
approved hardware and operated as contemplated in its documentation.
D-Link further warrants that, during the Warranty Period, the magnetic media
on which D-Link delivers the Software will be free of physical defects. D-Link's
sole obligation shall be to replace the non-conforming Software (or defective
media) with software that substantially conforms to D-Link's functional
specifications for the Software.
Except as otherwise agreed by D-Link in
writing, the replacement Software is provided only to the original licensee, and
is subject to the terms and conditions of the license granted by D-Link for the
Software. The Warranty Period shall extend for an additional ninety (90) days
after any replacement Software is delivered. If a material non-conformance is
incapable of correction, or if D-Link determines in its sole discretion that it is
not practical to replace the non-conforming Software, the price paid by the
original licensee for the non-conforming Software will be refunded by D-Link;
provided that the non-conforming Software (and all copies thereof) is first
returned to D-Link. The license granted respecting any Software for which a
refund is given automatically terminates.
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