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possession of someone other than Eagle Tech. Subject to the limitations
specified above, your sole and exclusive warranty shall be, during the period
of warranty specified above and at Eagle Tech’s option, the repair or
replacement of the Product. The foregoing warranty shall extend to repaired
or replaced Products for the balance of the applicable period of the original
warranty or ninety (90) days from the date of shipment of a repaired or
replaced Product, whichever is longer.
The foregoing limited warranty is Eagle Tech’s sole warranty and is applicable
only to products sold as new. The remedies provided herein are in lieu of a)
any and all other remedies and warranties, whether expressed, implied or
statutory, including but not limited to, any implied warranty of merchantability
or fitness for a particular purpose, and b) any and all obligations and liabilities
of Eagle Tech for damages including, but not limited to accidental,
consequential, or special damages, or any financial loss, lost profits or
expenses, or lost data arising out of or in connection with the purchase, use
or performance of the Product, even if EAGLE | CONSUS has been advised
of the possibility of such damages. This warranty gives you specific legal
rights, and you may also have other rights which vary from state to state.
EAGLE TECH COMPUTERS, INC. SHALL HAVE NO LIABILITY TO YOU
UNDER THIS LIITED WARRANTY IF THE PRODUCT IS INSTALLED AND
USED IN A MANNER NOT SPECIFIED OR DESCRIBED IN THE PRODUCT
SPECIFICATIONS OR DESCRIPTION. THE PRODUCT HAS BEEN
MODIFIED OR ALTERED IN ANY WAY BY ANY PARTY OTHER THAN
EAGLE TECH, OTHER THE FAILURE OF THE PRODUCT TO CONFORM
TO ITS SPECIFICATIONS CAN BE ATTRIBUTED TO CAUSES THAT NOT
THE RESPONSIBILITY OF EAGLE TECH.
EAGLE TECH MAKES NO WARRANTY OR REPRESENTATION,
EXPRESSED, IMPLIED, OR STATUTORY, WITH RESPECT TO ITS
PRODUCTS OR THE CONTENTS OR USE OF THIS DOCUMENTATION
AND ALL ACCOMPANYING SOFTWARE, AND PARTICULARLY
DISCLAIMS ITS QUALITY OR PERFORMANCE FOR ANY PARTICULAR
PURPOSE.