16.5. Software and Data. Code is not responsible for backing up or restoring any of
software, data, or configuration settings, or reinstalling any of the foregoing on
products repaired or replaced under this limited warranty.
16.6. Shipping and Turn Around Time. The estimated RMA turn-around time from receipt
at Code’s facility to shipment of the repaired or replaced product to Customer is ten
(10) business days. An expedited turn-around time may apply to products covered
under certain Code Complete Product Service Plans. Customer is responsible for
shipping and insurance charges for shipping Code Product to Code’s designated RMA
facility and repaired or replaced product is returned with shipping and insurance paid
by Code. Customer is responsible for all applicable taxes, duties, and similar charges.
16.7. Transfer. If a customer sells a covered Code product during the Warranty Coverage
Term, then that coverage may be transferred to the new owner by written
notification from the original owner to The Code Corporation at:
Code Service Center
12393 South Gateway Park Place, Suite 600
Draper, UT 84020, USA
16.8. Limitation on Liability. Code’s performance as described herein shall be Code’s entire
liability, and the Customer's sole remedy, resulting from any defective Code product.
Any claim that Code has failed to perform its warranty obligations as described herein
must be made within six (6) months of the alleged failure. Code’s maximum liability
related to its performance, or failure to perform, as described herein shall be limited
to the amount paid by Customer for the Code product that is subject to the claim. In
no event will either party be liable for any lost profits, lost savings, incidental
damage, or other economic consequential damages. This is true even if the other
party is advised of the possibility of such damages.
EXCEPT AS MAY BE OTHERWISE PROVIDED BY APPLICABLE LAW, THE LIMITED
WARRANTIES DESCRIBE HEREIN REPRESENT THE ONLY WARRANTIES CODE MAKES
WITH RESPECT TO ANY PRODUCT. CODE DISCLAIMS ALL OTHER WARRANTIES,
WHETHER EXPRESSED OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT
LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE REMEDIES DESCRIBED
HEREIN REPRESENT CUSTOMER’S EXCLUSIVE REMEDY, AND CODE’S ENTIRE
RESPONSIBILITY, RESULTING FROM ANY DEFECTIVE CODE PRODUCT. CODE SHALL
NOT BE LIABLE TO CUSTOMER (OR TO ANY PERSON OR ENTITY CLAIMING
THROUGH CUSTOMER) FOR LOST PROFITS, LOSS OF DATA, DAMAGE TO ANY
EQUIPMENT WITH WHICH THE CODE PRODUCT INTERFACES (INCLUDING ANY
MOBILE TELEPHONE, PDA, OR OTHER COMPUTING DEVICES), OR FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT
OF OR IN ANY MANNER CONNECTED WITH THE PRODUCT, REGARDLESS OF THE
FORM OF ACTION AND WHETHER OR NOT CODE HAS BEEN INFORMED OF, OR
OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES.
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