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Therm-App MD User Manual
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10 Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY; IT CONTAINS IMPORTANT INFORMATION ABOUT COVERAGE
UNDER THIS LIMITED WARRANTY, CUSTOMER OBLIGATIONS AND OTHER IMPORTANT TERMS,
CONDITIONS, EXCLUSIONS AND DISCLAIMERS.
1.
WHO IS ENTITLED TO WARRANTY. Any Product purchased from Opgal Optronic Industries Ltd. and its affiliates ("Opgal") or from an
authorized reseller of Opgal, is eligible for the limited warranty coverage, subject to the terms and conditions set forth in this document.
Only you, the original purchaser of the Product, who purchased the Product from Opgal or its authorized reseller, are entitled to receive
the warranty specified in this document. Please note that this warranty is not an international warranty. The warranty will only be honored
in the country in which the authorized reseller or the Opgal entity from whom you purchased the Product, are located.
2.
LIMITED WARRANTY. In accordance with the terms and conditions of and except as excluded or disclaimed in this document, Opgal
warrants that from the date specified on your invoice (the "Purchase Date") through the end of the applicable Warranty Period (as defined
below), the Product will conform to Opgal's published specifications at the Purchase Date and will be free from defects in materials and
workmanship. YOU'RE SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY, AT OPGAL'S SOLE DISCRETION, IS
THE REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT IN A MANNER, AND BY A SERVICE CENTER OR AUTHORIZED
RESELLER, AS AUTHORIZED BY OPGAL. IF THIS REMEDY IS ADJUDICATED TO BE INSUFFICIENT, OPGAL SHALL REFUND
YOUR PAID PURCHASE PRICE AND HAVE NO OTHER OBLIGATION OR LIABILITY TO YOU WHATSOEVER.
3.
WARRANTY PERIOD. The Product applicable Warranty Period is one (1) year from the Purchase
Date ("Warranty Period"). Any Product that is repaired or replaced under warranty, is covered for nighty (90) days from the date of return
shipment by Opgal or for the remaining duration of the applicable Warranty Period, whichever is longer. If the Product is purchased in an
EU country, to the extent you are a Consumer, you have an additional year (according to the EU-Directive 1999/44) to claim for
deficiencies or malfunctioning of the Product, which were present at the time of purchase, but were not apparent then, as determined by
Opgal. In order to make this extended warranty effective, you must contact the authorized reseller from whom you purchased the Product
or Opgal local service center and notify them about the production fault immediately, and no later than 60 days after detecting the fault.
4.
WARRANTY EXCLUSIONS AND DISCLAIMERS. OPGAL MAKES NO OTHER WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCT
OR THE DOCUMENTATION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE (EVEN IF YOU HAVE NOTIFIED US OF YOUR INTENDED USE FOR THE PRODUCT), AND NON-
INFRINGEMENT. ROUTINE PRODUCT MAINTENANCE, SOFTWARE UPDATES AND CALIBRATION ARE EXPRESSLY EXCLUDED FROM THIS
WARRANTY. OPGAL FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY COVERAGE WHERE THE ALLEGED NONCONFORMITY IS DUE TO
NORMAL WEAR AND TEAR, ALTERATION, MODIFICATION, REPAIR, ATTEMPTED REPAIR, OPENNING OR ATTEMPTING TO OPEN,
IMPROPER USE, IMPROPER MAINTENANCE, NEGLECT, ABUSE, IMPROPER STORAGE, FAILURE TO FOLLOW ANY PRODUCT
INSTRUCTIONS, DAMAGE (WHETHER CAUSED BY ACCIDENT OR OTHERWISE), OR ANY OTHER IMPROPER CARE OR HANDLING OF THE
PRODUCT CAUSED BY ANYONE OTHER THAN OPGAL OR ON ITS BEHALF. THIS DOCUMENT CONTAINS THE ENTIRE WARRANTY
AGREEMENT BETWEEN YOU AND OPGAL AND SUPERSEDES ALL PRIOR WARRANTY NEGOTIATIONS, AGREEMENTS, PROMISES AND
UNDERSTANDINGS BETWEEN YOU AND OPGAL. THIS WARRANTY MAY NOT BE MODIFIED WITHOUT THE EXPRESS WRITTEN CONSENT
OF OPGAL. THIS WARRANTY DOES NOT HAVE THE EFFECT OF EXCLUDING OR LIMITING YOUR STATUTORY RIGHTS OR CONSUMER
GUARANTEES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE STATUTE.
5.
WARRANTY CLAIMS. To be eligible for warranty repair or replacement, you must notify Opgal within thirty (30) days of discovering of
any apparent defect in materials or workmanship. Before you may return a Product for warranty service or repair, you must first obtain a
returned material authorization (RMA) number from Opgal. To obtain the RMA number you must provide an original proof of purchase.
You are solely responsible for complying with all RMA instructions provided by Opgal including but not limited to adequately packaging
the Product for shipment to Opgal. Opgal will pay for returning to you, any Product that Opgal repairs or replaces under warranty. Opgal
reserves the right to determine, in its sole discretion, whether a returned Product is covered under warranty. If Opgal determines that any
returned Product is not covered under warranty or is otherwise excluded from warranty coverage, Opgal may charge you a reasonable
handling fee and return the Product to you, at your expense.
6.
LICENSE GRANT. You have purchased a Product that includes Therm-App MD branded software modules owned or licensed by Opgal.
With respect to Therm-App MD mobile Apps owned or licensed by Opgal, Opgal grants you a non-exclusive license to use the Therm-
App MD branded software modules and the Therm-App MD branded mobile Apps (subject to the payment and usage terms applicable
to each Therm-App MD branded App), as well as associated media, user instructions, manuals, printed materials, and "online" or electronic
documentation ("Software" and "Documentation" respectively), only with the Product. Permitted use is your own use and not for resale.
IF YOU DO NOT AGREE TO THOSE LICENSE TERMS, DO NOT USE THE PRODUCT, COPY OR DOWNLOAD THE SOFTWARE. ANY USE OF
THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE WITH THE PRODUCT, WILL CONSTITUTE YOUR AGREEMENT TO THE LICENSE
TERMS SET FORTH IN THIS DOCUMENT. You may also use the Product with third party Therm-App MD branded software. Please note
that your use of such third-party software shall be governed by the third party's license terms. OPGAL
MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH THIRD-PARTY SOFTWARE.
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