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These terms and conditions constitute the complete and exclusive warranty
agreement between you and Rocstor regarding the Rocstor branded product
you have purchased or leased. These terms and conditions supersede any
prior agreements or representations-including representations made in
Rocstor sales literature or advice given to you by Rocstor or an agent or
employee of Rocstor-that may have been made in connection with your
purchase or lease of the Rocstor branded product. No change to the
conditions of this Limited Warranty is valid unless it is made in writing and
signed by an authorized representative of Rocstor.
Limitation of Liability
IF YOUR ROCSTOR BRANDED HARDWARE PRODUCT FAILS TO WORK AS
WARRANTED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE
REPAIR OR REPLACEMENT. ROCSTOR'S MAXIMUM LIABILITY UNDER
THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF
THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF
REPAIR OR REPLACEMENT OF ANY HARDWARE COMPONENTS THAT
MALFUNCTION IN CONDITIONS OF NORMAL USE.
ROCSTOR IS NOT LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT
OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY
LOST
PROFITS
OR
SAVINGS
OR
CONSEQUENTIAL DAMAGES. ROCSTOR IS NOT LIABLE FOR ANY CLAIM
MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE
SOUGHT, OR A CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A
TORT
CLAIM
(INCLUDING
NEGLIGENCE
LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS
LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY
PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF
YOU HAVE ADVISED ROCSTOR OR AN AUTHORIZED REPRESENTATIVE
OF ROCSTOR OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT
MAY VARY FROM STATE TO STATE OR FROM
COUNTRY TO COUNTRY. YOU ARE ADVISED TO
CONSULT APPLICABLE STATE OR COUNTRY LAWS
FOR A FULL DETERMINATION OF YOUR RIGHTS.
Options and Software
The Limited Warranty terms and conditions for Rocstor options are as
indicated in the Limited Warranty applicable to Rocstor options. ROCSTOR
DOES
NOT
WARRANT
SOFTWARE
SOFTWARE PRODUCTS OR THE OPERATING SYSTEM PREINSTALLED BY
ROCSTOR. Rocstor's only obligations with respect to software distributed by
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SPECIAL,
INCIDENTAL,
OR
AND
STRICT
PRODUCT
PRODUCTS,
INCLUDING
ANY
Rocstor under the Rocstor brand name are set forth in the applicable end-
user license or program license agreement. Non-Rocstor hardware and
software products are provided "AS IS." However, non-Rocstor manufacturers,
suppliers, or publishers may provide their own warranties directly to you.
Software Technical Support
Software technical support is defined as assistance with questions and
issues about the software that was either preinstalled by Rocstor on the
Rocstor branded product or that was included with the Rocstor branded
product at the time of your purchase or lease of the product. Technical
support for software is available for the first ninety (90) days from date of
product purchase or lease. Your dated sales or delivery receipt, showing the
date of purchase or lease of the product, is your proof of the purchase or
lease date. You may be required to provide proof of purchase or lease as a
condition of receiving software technical support. After the first ninety (90)
days, technical support for software that was either preinstalled by Rocstor
on the Rocstor branded product or included with the Rocstor branded
product at the time of your purchase or lease of the product is available for a
fee.
Warranty Period
Warranty Period for Rocport FireWire/USB Hard Drives are 1 Year Parts
and Labor.
Types of Warranty Service
Your Rocstor Limited Warranty consists of repair or replacement of defective
parts, including hard drives identified by Rocstor Support Organization as
"pre-failure."
Carry-in Warranty Service Available Monday - Friday
Under the terms of carry-in service, you may be required to deliver your
Rocstor product to Rocstor Service Center or an authorized service location
for warranty repair. You must prepay any shipping charges, taxes, or duties
associated with transportation of the product. In addition, you are
responsible for insuring any product shipped or returned. You assume risk of
loss during shipping.
Rocstor Replaceable Parts Program
Where available, the Rocstor Replaceable Parts program ships approved
replacement parts directly to you to fulfill your warranty. This will save
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