sComm UbiDuo User Manual page 40

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Items specifically excluded from this warranty and which will not be replaced or
repaired free of charge include batteries and similar components subject to wear
or burnout through normal use.
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The remedies set forth herein are conditioned upon the Customer notifying
sComm of a breach of the warranty within the warranty period and upon the
Customer making the equipment available to sComm for correction or repair of
the breach.
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Warranty service during the warranty period shall be performed without charge to
Customer during sComm's normal business hours (8:00 A.M. to 5:00 P.M.),
Monday through Friday, excluding any holidays observed by sComm. Outside of
sComm's normal business hours, service may be requested, but is subject to the
availability of sComm's personnel, and will be performed at sComm's prevailing
premium service rates in effect at the time the service is performed.
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This warranty gives you specific legal rights, and you may also have other rights
which vary from state to state (or jurisdiction to jurisdiction). sComm's
responsibility for malfunctions and defects in hardware is limited to repair and
replacement as set forth in this warranty statement. All express and implied
warranties for the product, including but not limited to any implied warranties and
conditions of merchantability and fitness for a particular purpose, are limited in
time to the term of the limited warranty period of twelve months from the date
reflected on your packing slip or invoice. No warranties, whether express or
implied, will apply after the limited warranty period has expired. Some states do
not allow limitations on how long an implied warranty lasts, so this limitation may
not apply to you.
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We do not accept liability beyond the remedies provided for in this limited
warranty or for consequential or incidental damages, including, without limitation,
any liability for third-party claims against you for damages, for products not being
available for use, or for lost data or lost software. Our liability will be no more
than the amount you paid for the product that is the subject of a claim. This is the
maximum amount for which we are responsible.
LIMITED WARRANTY FOR UBIDUO MODEL 200A SOFTWARE ACQUIRED IN THE US
AND CANADA.
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sComm warrants that the Software will perform substantially in accordance with
the accompanying materials for a period of three hundred sixty five (365) days
from the date of receipt. If an implied warranty or condition is created by your
state /jurisdiction and federal or state/provincial law prohibits disclaimer of it, you
also have an implied warranty or condition, but only as to defects discovered
during the period of this limited warranty (365 days). As to any defects
discovered after the 365-day period, there is no warranty or condition of any kind.
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LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.
Your exclusive remedy for any breach of this Limited Warranty is as set forth
below and in the accompanying Limited Warranty and Return Policy documents.
Except for any refund elected by sComm, you are not entitled to any damages,
including but not limited to consequential damages, if the Software does not meet
SComm's Limited Warranty, and, to the maximum extent allowed by applicable
law, even if any remedy fails of its essential purpose.
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YOUR EXCLUSIVE REMEDY. sComm and its suppliers' entire liability and your
exclusive remedy for any breach of this Limited Warranty or for any other breach
of this EULA or for any other liability relating to the Software shall be, at
SComm's option from time to time exercised subject to applicable law, (a) return
of the amount paid (if any) for the Software, or (b) repair or replacement of the
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