Limited Hardware Warranty
This Limited Hardware Warranty (the "Warranty") applies to the enclosed Xsentry™ hardware appliance, not including any associated software which is licensed pursuant to a separate end user license agreement and warranty (the "Product"). BY USING THE PRODUCT, YOU (either an individual or a single entity) AGREE TO THE TERMS HEREOF. If you do not agree to these terms, please return this package, along with proof of purchase, to the authorized dealer from which you purchased it for a full refund. Trustix Inc. ("Trustix") and you agree as set forth below:
1. LIMITED WARRANTY. Trustix warrants that upon delivery and for one (1) year thereafter (the "Warranty Period"): (a) the Product will be free from material defects in materials and workmanship, and (b) the Product, when properly installed and used for its intended purpose and in its intended operating environment, will perform substantially in accordance with Trustix applicable specifications.
This warranty does not apply to any Product that has been: (i) altered, repaired or modified by any party other than Trustix except for the replacement or inclusion of specified components authorized in and performed in strict accordance with documentation provided by Trustix; or (ii) damaged or destroyed by accidents, power spikes or similar events or by any intentional, reckless or negligent acts or omissions of any party. You may have additional warranties with respect to the Product from the manufacturers of Product components. However, you agree not to look to Trustix for, and hereby release Trustix from any liability for, performance of, enforcement of, or damages or other relief on account of, any such warranties or any breach thereof.
2. REMEDIES. If any Product does not comply with the Trustix warranties set forth in Section 1 above, Trustix will, following receipt of the product you claim is defective and at its option, either (a) repair the Product, or (b) replace the Product; provided, that you will be responsible for returning the Product and for all costs of shipping and handling. Repair or replacement of the Product shall not extend the Warranty Period. Any Product, component, part or other item replaced by Trustix becomes the property of Trustix. Trustix shall not be responsible for return of or damage to any software, firmware, information or data contained in, stored on, or integrated with any returned Products.
3. DISCLAIMER AND RELEASE. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF TRUSTIX, AND YOUR REMEDIES, SET FORTH IN PARAGRAPHS 1 AND 2 ABOVE ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND YOU HEREBY WAIVE, DISCLAIM AND RELEASE ANY AND ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF TRUSTIX AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES YOU MAY HAVE AGAINST TRUSTIX, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE PRODUCT (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, ANY WARRANTY OF NONINFRINGEMENT, ANY WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION, ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED) OR FAULT OF TRUSTIX OR FROM PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO, OR CAUSED BY OR CONTRIBUTED TO BY, THE PRODUCT).
4. LIMITATION AND LIABILITY. TRUSTIX'S LIABILITY (WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE AND STRICT LIABILITY AND FAULT) OR OTHER THEORY) WITH REGARD TO ANY PRODUCT WILL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY YOU FOR SUCH PRODUCT. THIS SHALL BE TRUE EVEN IN THE EVENT OF THE FAILURE OF ANY AGREED REMEDY. IN NO EVENT WILL TRUSTIX BE LIABLE TO YOU OR ANY THIRD PARTY (WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE AND STRICT LIABILITY AND FAULT) OR OTHER THEORY) FOR COST OF COVER OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THIS WARRANTY OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF TRUSTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SHALL BE TRUE EVEN IN THE EVENT OF THE FAILURE OF ANY AGREED REMEDY. 5. MISCELLANEOUS PROVISIONS. This Warranty will be governed by the laws of the United Kingdom, without reference to its choice of law rules. The provisions of the 1980 United Nations Convention on Contracts for the International Sales of Goods, as amended, shall not apply. You agree not to directly or indirectly transfer the Product or associated documentation to any country to which such transfer would be prohibited by the UK or U.S. Export laws and regulations. If any provision of this Warranty is found to be invalid or unenforceable, then the remainder shall have full force and effect and the invalid provision shall be modified or partially enforced to the maximum extent permitted by law to effectuate the purpose of this Warranty. This is the entire agreement between Trustix and you relating to the Product, and supersedes any prior purchase order, communications, advertising or representations concerning the Product AND BY USING THE PRODUCT YOU AGREE TO THESE TERMS. IF THE PRODUCT IS BEING USED BY AN ENTITY, THE INDIVIDUAL INDICATING AGREEMENT TO THESE TERMS BY USING THE PRODUCT REPRESENTS AND WARRANTS THAT (A) SUCH INDIVIDUAL IS DULY AUTHORIZED TO ACCEPT THE WARRANTY ON BEHALF OF THE ENTITY AND TO BIND THE ENTITY TO THE TERMS OF THIS WARRANTY; (B) THE ENTITY HAS THE FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THE WARRANTY AND PERFORM ITS OBLIGATIONS UNDER THE WARRANTY AND; (C) THE WARRANTY AND THE PERFORMANCE OF THE ENTITY'S OBLIGATIONS UNDER THE WARRANTY DO NOT VIOLATE ANY THIRD-PARTY AGREEMENT TO WHICH THE ENTITY IS A PARTY. No change or modification of the Warranty will be valid unless it is in writing and is signed by Trustix.
