LOGICUBE DISCLAIMER
IMPORTANT - PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. BY INSTALLING OR USING LOGICUBE PRODUCTS, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
IN NO EVENT WILL LOGICUBE BE LIABLE (WHETHER UNDER THIS AGREEMENT, RESULTING FROM THE PERFORMANCE OR USE OF LOGICUBE PRODUCTS, OR OTHERWISE) FOR ANY AMOUNTS REPRESENTING LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, LOSS OR DELAYS OF BUSINESS, LOSS OF TIME, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, PROPERTY DAMAGE, OR INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF A PURCHASER OR USER OF LOGICUBE PRODUCTS OR ANY THIRD PARTY. LOGICUBE’S AGGREGATE LIABILITY IN CONTRACT, TORT, OR OTHERWISE (WHETHER UNDER THIS AGREEMENT, RESULTING FROM THE PERFORMANCE OR USE OF LOGICUBE PRODUCTS, OR OTHERWISE) TO A PURCHASER OR USER OF LOGICUBE PRODUCTS SHALL BE LIMITED TO THE AMOUNT PAID BY THE PURCHASER FOR THE LOGICUBE PRODUCT. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF LOGICUBE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES.
LOGICUBE MAKES EVERY EFFORT TO ENSURE PROPER OPERATION OF ITS PRODUCTS. HOWEVER, THE PURCHASER IS RESPONSIBLE FOR VERIFYING THAT THE OUTPUT OF A LOGICUBE PRODUCT MEETS THE PURCHASER’S REQUIREMENTS. THE PURCHASER FURTHER ACKNOWLEDGES THAT IMPROPER OPERATION OF LOGICUBE PRODUCTS CAN CAUSE LOSS OF DATA, DEFECTIVE FORMATTING, OR DEFECTIVE DATA LOADING. LOGICUBE WILL MAKE EFFORTS TO SOLVE OR REPAIR ANY PROBLEMS IDENTIFIED BY PURCHASER, EITHER UNDER THE WARRANTY SET FORTH BELOW OR ON A TIME AND MATERIALS BASIS.
LOGICUBE LIMITED WARRANTY
FOR ONE YEAR FROM THE DATE OF SALE (THE “WARRANTY PERIOD”) LOGICUBE WARRANTS THAT THE PRODUCT (EXCLUDING CABLES, ADAPTERS, AND OTHER “CONSUMABLE” ITEMS) IS FREE FROM MANUFACTURING DEFECTS IN MATERIAL AND WORKMANSHIP. THIS LIMITED WARRANTY COVERS DEFECTS ENCOUNTERED IN THE NORMAL USE OF THE PRODUCT DURING THE WARRANTY PERIOD AND DOES NOT APPLY TO: PRODUCTS DAMAGED DUE to PHYSICAL ABUSE, MISHANDLING, ACCIDENT, NEGLIGENCE, OR FAILURE TO FOLLOW ALLOPERATING INSTRUCTIONS CONTAINED IN THE OPERATING MANUAL; PRODUCTS WHICH ARE MODIFIED; PRODUCTS WHICH ARE USED IN ANY MANNER OTHER THAN THE MANNER FOR WHICH THEY WERE INTENDED, AS SET FORTH IN THE OPERATING MANUAL; PRODUCTS WHICH ARE DAMAGEd OR DEFECTS CAUSED BY THE USE OF UNAUTHORIZED PARTS OR BY UNAUTHORIZED SERVICE; PRODUCTS DAMAGED DUE TO UNSUITABLE OPERATING OR PHYSICAL CONDITIONS DIFFERING FROMTHOSE RECOMMENDED IN THE OPERATING MANUAL OR OTHER PRODUCT SPECIFICATIONS PROVIDED BY LOGICUBE; ANY PRODUCT WHICH HAS HAD ANY OF ITS SERIAL NUMBERS ALTERED OR REMOVED; OR ANY PRODUCT DAMAGED DUE TO IMPROPER PACKAGING OF THE WARRANTY RETURN TO LOGICUBE. At LOGICUBE’S OPTION, ANY PRODUCT PROVEN TO BE DEFECTIVE WITHIN THE WARRANTY PERIOD WILL EITHER BE REPAIRED OR REPLACED USING NEW OR REFURBISHED COMPONENTS AT NO COST. THIS WARRANTY IS THE SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE PRODUCTS. IF A PRODUCT IS HAS BECOME OBSOLETE OR IS NO LONGER SUPPORTED BY LOGICUBE THE PRODUCT MAY BE REPLACED WITH AN EQUIVALENT OR SUCCESSOR PRODUCT AT LOGICUBE’S DISCRETION. THIS WARRANTY EXTENDS ONLY TO THE END PURCHASER OF LOGICUBE PRODUCTS. THIS WARRANTY DOES NOT APPLY TO, AND IS NOT FOR THE BENEFIT OF, RESELLERS OR DISTRIBUTORS OF LOGICUBE PRODUCTS UNLESS OTHERWISE AGREED TO IN WRITING BY LOGICUBE, NO WARRANTY IS PROVIDED TO RESELLERS OR DISTRIBUTORS OF LOGICUBE PRODUCTS.
IN ORDER TO RECEIVE WARRANTY SERVICES CONTACT LOGICUBE’S TECHNICAL SUPPORT DEPARTMENT VIA PHONE OR E-MAIL. PRODUCTS RETURNED TO LOGICUBE FOR REPAIR UNDER WARRANTY MUST REFERENCE A LOGICUBE RETURN MATERIAL AUTHORIZATION NUMBER (“rma”). ANY PRODUCT RECEIVED BY LOGICUBE WITHOUT AN RMA# WILL BE REFUSED AND RETURNED TO PURCHASER. THE PURCHASER must CONTACT LOGICUBE’S TECHNICAL SUPPORT DEPARTMENT VIA E-MAIL (SUPPORT@LOGICUBE.COM) OR VIA PHONE AT +1-818-700-8488 OPT. 3 TO OBTAIN A VALID RMA#. THE PURCHASER MAY BE REQUIRED TO PERFORM CERTAIN DIAGNOSTIC TESTS ON A PRODUCT PRIOR TO LOGICUBE ISSUING AN RMA#. THE PURCHASER MUST PROVIDE THE PRODUCT MODEL, SERIAL NUMBER, PURCHASER NAME AND ADDRESS, EMAIL ADDRESS AND A DESCRIPTION OF THE PROBLEM WITH AS MUCH DETAIL AS POSSIBLE. REASONABLE TELEPHONE AND EMAIL SUPPORT ARE ALSO AVAILABLE FOR THE LIFE OF THE PRODUCT AS DEFINED BY LOGICUBE.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, LOGICUBE PRODUCTS ARE PROVIDED AS-IS AND AS-AVAILABLE, AND LOGICUBE DISCLAIMS ANY AND ALL OTHER WARRANTIES (WHETHER EXPRESS, IMPLIED, OR STATUTORY) INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
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