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4. TERM
USER may enjoy these rights only as long as their possession of the PRODUCT shall continue to be
rightful. These rights will cease if the PRODUCT is returned to DESIGN ANALYSIS under the terms of
any redemption offer, warranty, or money-back guarantee, or if USER transfers the PRODUCT to another
party on terms inconsistent with this agreement.
5. LIMITED WARRANTY
(a) What is Covered
DESIGN ANALYSIS warrants that for a period of twelve months from the time of purchase
the functions to be performed by the PRODUCT will be substantially in compliance with
USER documentation. DESIGN ANALYSIS also warrants that the PRODUCT will be free
from defects in materials and workmanship for a period of ONE YEAR from the date of
purchase.
(b) What USER Must Do
If the product fails to satisfy the above warranty, USER must notify DESIGN ANALYSIS in
writing within the applicable period specified above and reasonably cooperate with the
directions they received from DESIGN ANALYSIS.
(c) What DESIGN ANALYSIS Will Do
DESIGN ANALYSIS will repair the PRODUCT or will endeavor to provide a replacement
of same within a reasonable period of time. In the event that DESIGN ANALYSIS is unable
to make the necessary repairs or replacement within a reasonable period of time, the original
purchase price will be refunded upon the return of the PRODUCT to DESIGN ANALYSIS.
(d) Limitations
(i)
THIS LIMITED WARRANTY IS VOIDED WHERE THE SEALED HOUSING OF
THE PRODUCT HAS BEEN OPENED.
(ii)
THE ENTIRE REMEDY FOR BREACH OF THIS LIMITED WARRANTY SHALL
BE LIMITED TO REPLACEMENT OF THE DEFECTIVE PRODUCT OR
REFUNDING OF THE PURCHASE PRICE, AS SET FORTH ABOVE. IN NO
EVENT WILL THE LIABILITY OF DESIGN ANALYSIS TO USER OR TO ANY
OTHER PARTY EXCEED THE ORIGINAL PURCHASE PRICE OF THE
PRODUCT, REGARDLESS OF THE FORM OF THE CLAIM.
(iii)
EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, DESIGN ANALYSIS
SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING,
WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(iv)
UNDER NO CIRCUMSTANCES WILL DESIGN ANALYSIS BE LIABLE FOR
W-2 User Agreement/W
®
LOG
Warranty
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H-223
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