Matrox Morphis Evo Installation And Hardware Reference page 86

xi) other causes that do not relate to a Matrox Hardware defect;
xii) defects or damage suffered as a result of force majeure (including theft);
1.4 If Matrox receives from the Licensee, during the applicable warranty period, notice of a defect in the Matrox
Hardware, which is subsequently confirmed by Matrox, Matrox shall at its sole option, either i) repair the defect
using new or refurbished parts and return the repaired Matrox Hardware within a reasonable delay; or ii) replace
the Matrox Hardware with Matrox Hardware that is new or which has been manufactured from new or serviceable
used parts and is at least functionally equivalent to the original Matrox Hardware and send such replacement
Matrox Hardware within a reasonable delay.
1.5 A replacement Matrox Hardware or part assumes the remaining warranty of the original Matrox Hardware.
When a Matrox Product or part is replaced, any replacement item shall become the purchaser's property and the
replaced item shall become Matrox's property.
1.6 This warranty is valid in any country where Matrox Hardware is distributed by Matrox or its authorized
dealers.
1.7 TO THE EXTENT PERMITTED BY LAW, THE WARRANTY OUTLINED IN THIS SECTION 1
AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, REMEDIES AND CONDITIONS. NEITHER MATROX NOR ANY OF ITS THIRD
PARTY SUPPLIERS MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESSED OR
IMPLIED, WITH RESPECT TO MATROX HARDWARE. MATROX SPECIFICALLY DISCLAIMS (AND
THE PURCHASER, BY ENTERING INTO THIS AGREEMENT, SPECIFICALLY ACCEPTS SUCH
DISCLAIMER AND WAIVES) ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ORAL
OR WRITTEN, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR OR INTENDED PURPOSE OR USE AND
THE WARRANTY AGAINST LATENT DEFECTS, WITH RESPECT TO THE MATROX HARDWARE.
MATROX FURTHER DISCLAIMS ANY WARRANTY THAT THE MATROX HARDWARE, IN WHOLE
OR IN PART, WILL BE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL
PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY PATENTS, OR PROPRIETARY RIGHTS.
1.8 To the extent that this limited warranty is inconsistent with the law of the locality where the Licensee purchases
the Matrox Product, this limited warranty shall be deemed modified to be consistent with such local law. Under
such local law, certain limitations of this limited warranty may not apply to the consumer. If Matrox cannot
lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be
limited in duration to the duration of this express warranty and to repair or replacement service as determined
by Matrox at its sole discretion.
1.9 To the extent allowed by local law, the remedies provided in this limited warranty are the Licensee's sole and
exclusive remedies.