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Warranty. Please refer to the End-User License Agreement
accompanying the software for details of your rights with
respect to its use. Ayyeka Technologies does not warrant that the
operation of the Wavelet Kit will be uninterrupted or
error-free. Ayyeka Technologies is not responsible for damage arising from
failure to follow instructions relating to the
Ayyeka Technologies Wavelet Kits’ use.
This Warranty does not apply to: (a) consumable parts, such as batteries that are designed to diminish over time, unless
failure
has occurred due to a defect in materials or workmanship; (b) cosmetic damage, including but not limited to
scratches, dents
and broken plastic on connectors and/or ports; (c) damage caused by use with another product other
than the third-party
products shipped by Ayyeka Technologies or one of our distributors, agents or affiliates; (d)
damage caused by accident, abuse,
misuse, liquid contact, lightning strikes, volcanic eruptions, earthquakes, flooding,
wind, snow, hail, and other weather related
elements or other external cause; (e) damage caused by service (including
upgrades and expansions) performed by anyone who
is not a representative of Ayyeka Technologies; (f) part(s) that
have modified to alter functionality or capability of the Wavelet Kit without the express written permission of Ayyeka
Technologies; (g) defects caused by normal wear and tear or otherwise due to
the normal aging of the Wavelet Kit, or
(h) if any serial number has been removed or defaced from the Wavelet Kit.
3.
Warranty Limitations
THESE WARRANTIES DO NOT APPLY TO ANY WAVELET KIT OR PART THAT HAS BEEN DAMAGED BY NEGLIGENCE,
ACCIDENT
OR MISUSE BY ANY PERSON. THESE WARRANTIES DO NOT APPLY TO ANY WAVELET KIT THAT HAS BEEN
DAMAGED BY ACTS
BEYOND AYYEKA TECHNOLOGIES’ CONTROL, INCLUDING DAMAGE CAUSED BY LIGHTNING
STRIKES, VOLCANIC ERUPTIONS,
EARTHQUAKES, FLOODING, WIND, SNOW, HAIL, OTHER WEATHER RELATED
ELEMENTS, OR ANY OTHER ACTS OF GOD. IN
ADDITION, THESE WARRANTIES DO NOT APPLY TO ANY WAVELET KIT
THAT HAS BEEN REPAIRED, ALTERED, SERVICED, OR
MODIFIED BY AN UNAUTHORIZED PERSON.
THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE FACE HEREOF; AYYEKA
TECHNOLOGIES MAKES NO WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE.
AYYEKA TECHNOLOGIES’ ENTIRE OBLIGATION AND LIABILITY UNDER THIS WARRANTY IS EXPRESSLY LIMITED TO
EITHER
REPAIRING AND REPLACING, AT AYYEKA TECHNOLOGIES’S OPTION, ANY WAVELET KIT FOUND TO BE
DEFECTIVE OR OTHERWISE
NOT IN CONFORMITY WITH THIS WARRANTY. THE OBLIGATION TO REPAIR OR REPLACE
SHALL TERMINATE THE
WARRANTY PERIOD EXPIRES.
UNLESS OTHERWISE PROHIBITED BY LAW, AYYEKA TECHNOLOGIES’ MAXIMUM LIABILITY IN DAMAGES TO
CUSTOMER, FROM
WHATEVER SOURCE, INCLUDING ANY BREACH OF CONTRACT OR WARRANTY, SHALL BE LIMITED
TO THE DIFFERENCE BETWEEN
THE DELIVERY PRICE OF THE WAVELET KIT AND THE MARKET PRICE OF SUCH
WAVELET KIT AT CUSTOMER’S DESTINATION AT
THE TIME OF SUCH BREACH. IN NO EVENT SHALL AYYEKA
TECHNOLOGIES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY
DAMAGE, LOSS OF PROFIT, DELAY, OR ANY
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING FROM
CONTRACT, BREACH OF
CONTRACT, TORT, AYYEKA TECHNOLOGIES NEGLIGENCE, STRICT LIABILITY OR THE BREACH OF ANY
EXPRESS OR
IMPLIED WARRANTY.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY
LIABILITY FOR
INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. AYYEKA TECHNOLOGIES DISCLAIMS
ANY REPRESENTATION
THAT IT WILL BE ABLE TO REPAIR ANY AYYEKA TECHNOLOGIES WAVELET KIT OR PART(S)
UNDER THIS WARRANTY OR REPLACE
THE AYYEKA TECHNOLOGIES WAVELET KIT OR PART(S) WITHOUT RISK TO OR
LOSS OF INFORMATION STORED IN THE WAVELET
KIT.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU
OF ALL
OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR
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