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SmartDisk's warranty obligations hereunder are expressly conditioned upon (i.) the
Products being properly installed, used and maintained at all times by Customer;
(ii.) the Products not being subject to unusual mechanical stress or unusual electrical
or environmental conditions or other acts of God; (iii.) the Products not being
subjected to misuse, accident or any unauthorized installation/deinstallation by
Customer or other third party; (iv.) the Products not being altered or modified in an
unauthorized manner, unless approved in writing or otherwise performed by
SmartDisk and (v.) Customer promptly installing all Product revisions that have
been released for such Products by SmartDisk throughout the warranty term.
SmartDisk does not warrant that the Products will operate in any specific
combination that may be selected for use by Customer or that the operation of the
Products will be uninterrupted or error free, or that all non-conformance or defects
will be remedied. Additionally, SmartDisk shall have no warranty obligations for
any failure of the Products to conform to the applicable product specifications
resulting from the combination of any Product(s) with hardware and/or software not
supplied by SmartDisk. If it is determined that any Product(s) reported as defective
or non-conforming by Customer during the warranty period is not defective or non-
conforming, SmartDisk may, at its option, charge Customer for any labor provided
and expenses incurred by SmartDisk in connection with such determination, at
SmartDisk's then current rates.
SmartDisk Corporation shall not be responsible for unauthorized sale or
misrepresentation by unauthorized third party resellers. SmartDisk warranties are
not transferable with ownership. Products purchased by auction, yard sale, flea
market or purchased as demo units may not be covered under SmartDisk’s
warranty.
THE WARRANTIES OF SMARTDISK AND REMEDIES OF CUSTOMER SET
FORTH IN THIS SECTION ARE EXCLUSIVE AND ARE GIVEN BY
SMARTDISK AND ACCEPTED BY CUSTOMER IN LIEU OF ANY AND ALL
OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH OTHER
WARRANTIES BEING HEREBY EXPRESSLY AND UNEQUIVOCALLY
DISCLAIMED BY SMARTDISK AND WAIVED BY CUSTOMER.
