LSI Logic Corporation
Page 54 of 56
Product Warranty
LIMITED SOFTWARE WARRANTY
IntraServer Technology, Inc. (“ITI”) warrants to only the original licensee
that the Software, when properly installed in conjunction with the Host
Adapter, will perform substantially in accordance with ITI’s specifications
contained in ITI’s documentation provided with the Software (“ITI’s
Documentation”) for a period of 60 days from the date of the original
licensing. Furthermore, ITI warrants that the media upon which the software
is stored is free from defects of material or workmanship for a period of 60
days. If the software should fail to perform substantially in accordance with
ITI’s Documentation or if there is a defect on the media during the warranty
period, ITI will use reasonable commercial efforts to correct any failure of
the software to perform substantially in accordance with ITI’s Documentation
and will replace any defective media when the defective media is returned to
ITI by the original licensee. The remedy for breach of this warranty shall not
cover any other damages, including but not limited to the loss of data, profit,
special, incidental, consequential, and other similar claims.
LIMITED HARDWARE WARRANTY
ITI warrants to only the original licensee that the Host Adapter is free of
defects in materials and workmanship under normal use for a period of three
years from the date of purchase. In the event of a defect in Host Adapter
material or workmanship during such warranty period, ITI, at its discretion,
will repair or replace the defective product when the defective product is
returned to ITI by the original licensee. The remedy for this breach of
warranty is limited to replacement only and shall not cover any other
damages, including but not limited to the loss of data, profit, special,
incidental, consequential, and other similar claims.
If the Host Adapter is found to be defective, ITI, at its option, agrees to
replace or repair the Host Adapter at no charge except as stated below,
provided that the original licenses delivers the Host Adapter with a return
material authorization (RMA) number and a dated proof of purchase. The
original licensee assumes the risk of damage or loss in transit. The original
licensee must use the original container (or equivalent) and pay the shipping
charge.
ITI may replace or repair the product with new or reconditioned parts, and
the replacement parts or product become the property of ITI. ITI warrants the
repaired or replaced parts or product to be free from defects in material or
workmanship for a period of the greater of (i) ninety (90) days from the
