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replaced Hardware is delivered. If a material defect is incapable of
correction, or if D-Link determines in its sole discretion that it is not
practical to repair or replace the defective Hardware, the price paid by
the original purchaser for the defective Hardware will be refunded by
D-Link upon return to D-Link of the defective Hardware. All Hardware
(or part thereof) that is replaced by D-Link, or for which the purchase
price is refunded, shall become the property of D-Link upon
replacement or refund.
Limited Software Warranty:
D-Link warrants that the software portion
of the product (“Software”) will substantially conform to D-Link’s then
current functional specifications for the Software, as set forth in the
applicable documentation, from the date of original delivery of the
Software for a period of ninety (90) days (“Warranty Period”), if the
Software is properly installed on approved hardware and operated as
contemplated in its documentation. D-Link further warrants that, during
the Warranty Period, the magnetic media on which D-Link delivers the
Software will be free of physical defects. D-Link’s sole obligation shall
be to replace the non-conforming Software (or defective media) with
software that substantially conforms to D-Link’s functional
specifications for the Software. Except as otherwise agreed by D-Link
in writing, the replacement Software is provided only to the original
licensee, and is subject to the terms and conditions of the license
granted by D-Link for the Software. The Warranty Period shall extend
for an additional ninety (90) days after any replacement Software is
delivered. If a material non-conformance is incapable of correction, or
if D-Link determines in its sole discretion that it is not practical to
replace the non-conforming Software, the price paid by the original
licensee for the non-conforming Software will be refunded by D-Link;
provided that the non-conforming Software (and all copies thereof) is
first returned to D-Link. The license granted respecting any Software
for which a refund is given automatically terminates.
