Protocol 46TM, the Protocol 46TM subsidiary or Authorized Solution Partner (ASP) selling the Protocol 46TM product(s), if sale is not directly by Protocol 46TM, warrants that commencing from the date of delivery to Customer (but in case of resale by a Protocol 46TM reseller, commencing not more than thirty (30) days after original shipment by Protocol 46TM), and continuing for a period of one (1) year: (a) its products (excluding any software) will be free from material defects in materials and workmanship under normal use; and (b) the software provided in connection with its products, including any software contained or embedded in such products will substantially conform to Protocol 46TM published specifications in effect as of the date of manufacture. Except for the foregoing, the software is provided as is. In no event does Protocol 46TM warrant that the software is error free or that Customer will be able to operate the software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, Protocol 46TM does not warrant that the software or any equipment, system or network on which the software is used will be free of vulnerability to intrusion or attack. The limited warranty extends only to you the original buyer of the Protocol 46TM product and is non-transferable.
Exclusive Remedy. Your sole and exclusive remedy and the entire liability of Protocol 46TM under this limited warranty shall be, at Protocol 46TM or its service centers option and expense, the repair, replacement or refund of the purchase price of any products sold which do not comply with this warranty. Hardware replaced under the terms of this limited warranty may be refurbished or new equipment substituted at Protocol 46TM’ option. Protocol 46TM obligations hereunder are conditioned upon the return of affected articles in accordance with Protocol 46TM then-current Return Material Authorization ("RMA") procedures. All parts will be new or refurbished, at Protocol 46TM’s discretion, and shall be furnished on an exchange basis. All parts removed for replacement will become the property of Protocol 46TM. In connection with warranty services hereunder, Protocol 46TM may at its discretion modify the hardware of the product at no cost to you to improve its reliability or performance. The warranty period is not extended if Protocol 46TM repairs or replaces a warranted product or any parts. Protocol 46TM may change the availability of limited warranties, at its discretion, but any changes will not be retroactive. IN NO EVENT SHALL PROTOCOL 46TM LIABILITIES EXCEED THE PRICE PAID FOR THE PRODUCT FROM DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE PRODUCT, ITS ACCOMPANYING SOFTWARE, OR ITS DOCUMENTATION.
Exclusions and Restrictions. This limited warranty does not apply to Protocol 46TM products that are or have been (a) marked or identified as "sample" or "beta," (b) loaned or provided to you at no cost, (c) sold "as is," (d) repaired, altered or modified except by Protocol 46TM, (e) not installed, operated or maintained in accordance with instructions supplied by Protocol 46TM, or (f) subjected to abnormal physical or electrical stress, misuse, negligence or to an accident. EXCEPT FOR THE ABOVE WARRANTY, PROTOCOL 46TM MAKES NO OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO PROTOCOL 46TM PRODUCTS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, AVAILABILITY, RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. EXCEPT FOR THE ABOVE WARRANTY, PROTOCOL 46TM' PRODUCTS AND THE SOFTWARE ARE PROVIDED "AS-IS" AND PROTOCOL 46TM DOES NOT WARRANT THAT ITS PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR FREE, OR THAT ANY ERRORS IN ITS PRODUCTS OR THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, PROTOCOL 46TM DOES NOT WARRANT THAT PROTOCOL 46TM PRODUCTS, THE SOFTWARE OR ANY EQUIPMENT, SYSTEM OR NETWORK ON WHICH PROTOCOL 46TM PRODUCTS WILL BE USED WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK.