Hardware Limited Warranty - Dialogic Diva Installation Manual

U.S. Government Restricted Rights
The Program and all accompanying documentation are provided with RESTRICTED
RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions
as set forth in subparagraph (c)(1)(iii) of The Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraph (c) (1) and (2) of the
Commercial Computer Software-Restricted Rights at 48 CFR52.227-19, both as
applicable.
Governing Law
Any and all claims arising under this Agreement shall be construed and controlled by the
laws in force in the Province of Quebec, Canada, excluding its principles of conflict of laws
and the United Nations Convention on Contracts for the Sale of Goods. Dialogic is not
obligated under any other agreements unless they are in writing and signed by an
authorized representative of Dialogic.
Contractor/ manufacturer is:
Dialogic Inc.
6700 de la Cote-de-Liesse Road, Suite 100, Borough of Saint-Laurent, Montreal, Quebec,
Canada H4T 2B5
This Agreement has been drafted in English at the express wish of the parties. Ce contrat
a été rédigé en anglais à la demande expresse des parties.

Hardware Limited Warranty

Warranty for Hardware Products: Dialogic Inc. or its subsidiary that originally sold
the hardware product to you ("Dialogic") warrants to the original purchaser ("Purchaser")
of this hardware product ("Product"), that at the time of delivery the Product supplied
hereunder will be free from defects in material and workmanship. This warranty is for
the standard period for such Product set out on Dialogic's website at
http://www.dialogic.com/warranties at the date of purchase, provided the Product
remains unmodified, is operated under normal and proper conditions in accordance with
its published specifications and documentation, and the system is not opened by
unauthorized personnel. The warranty is also void if the defect has resulted from accident,
misuse, abuse or misapplication. Any Product which becomes defective during the
warranty period and is returned by Purchaser to Dialogic's Authorized Service Center
shipping prepaid with a Return Material Authorization (RMA) number (which must be
obtained from Dialogic before any return) within thirty (30) days after discovery of the
defect, with a written description of the defect, will be repaired or replaced at Dialogic's
option. Dialogic will not accept C.O.D. shipments. Dialogic reserves the right to refuse to
repair or replace any Product which shows signs of abuse, misuse, neglect or has been
altered in any way, including but not limited to Products which have been (i) used in
environments which exceed operating tolerances such as supplied voltages and signals
or (ii) stored under improper temperature or humidity conditions or (iii) used with
equipment, software or interfacing not furnished by Dialogic or (iv) improperly packaged
or shipped or (v) harmed by Purchaser or its agents' fault or negligence or (vi) repaired
or modified without Dialogic's prior written consent . Purchaser must exercise proper
electrostatic discharge (ESD) precautions and pack the Product and the other returned
diagnostic information in the original Dialogic packaging, including the antistatic
bag/container and an ESD foam-filled cardboard box. Purchaser may void the
warranty if the Product is improperly packaged or shipped. Dialogic will bear the
cost to return the repaired or replaced Product to the location specified on the Return
Material Authorization (RMA) form by a method it chooses. If the Purchaser desires a
specific form of conveyance, the Purchaser must bear the cost of shipment. All risk of
loss shall be with the Purchaser during any and all shipments of the Product. Duties and
import fees are the responsibility of the Purchaser.
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