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Warranty Information
SOFTEX LIMITED WARRANTY

Please read this Limited Warranty carefully before using your Softex product. This Limited Warranty applies only to the Softex-branded hardware product sold by Softex or its authorized resellers or distributors with this Limited Warranty (the “Product”). It does not apply to any Softex software or any non-Softex product. Refer to the End User License Agreement accompanying the Softex software for a description of your rights with respect to its use. As used in this Limited Warranty, ''Softex” means Softex, Inc. and its affiliates.

THIS CONSTITUTES SOFTEX’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, SOFTEX DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF SOFTEX CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN TO THE MAXIMUM EXTENT POSSIBLE, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THE LIMITED WARRANTY PERIOD REFERRED TO BELOW.

Softex warrants that the Product will be free from material defects in materials and workmanship under normal use during the one (1) month period beginning with your purchase of the Product (the “Limited Warranty Period"). This Limited Warranty extends only to the original end user purchasing from Softex or an authorized reseller or distributor, and is not transferable. A valid sales receipt or other proof of date of original purchase will be required before warranty service is provided. If a defect arises and a warranty claim is received and the Product is returned to Softex within the Limited Warranty Period, Softex will, at its discretion, repair or replace the Product or refund the purchase price of the Product, less any rebates. Softex may repair or replace the Product with reconditioned or used products or parts. Softex warrants new or replacement products or parts for thirty (30) days. This is your exclusive remedy and Softex's sole liability for defective Products. Any Product or part replaced under this Limited Warranty becomes Softex's property. If you obtain warranty service, Softex will store, use and process information about your warranty issues and your contact information, including your name, home telephone number, address and email address. Softex will use this information to perform warranty service, and may transfer this information to any country where Softex does business. Softex may also disclose this information where required by law or legal authorities. You must contact Softex for a return material authorization ("RMA”) to obtain warranty service. Please visit the Softex website at store.softexinc.com\hp to obtain information on how to contact Softex for warranty service.

Softex’s products, including the Product, are not warranted to operate without interruption, error or failure. Softex does not warrant, and shall not be responsible for, any damage to or loss of data, regardless of the cause of the loss. Softex is not responsible for any failure or defect caused by any third party product or component. This Limited Warranty is void if Softex determines that the Product was damaged or failed as a result of improper installation, negligence, use other than in accordance with the Product Instructions, accident, power surges, improper operation or maintenance; modification or repair by anyone other than Softex or a Softex authorized service provider; combination of the Product with hardware or software products not provided or authorized by Softex; loss or damage in transit; or acts of God. This Product must not be used in hazardous environments or in applications requiring fail-safe performance such as life support systems (including defibrillators, pacemakers, mechanical breathing machines and heart monitors); safety devices or systems in automotive brake or airbag systems; the operation of any nuclear facility; air traffic control devices, applications or systems; weapons devices, applications or systems; or any other applications where failure could threaten injury, life or property. You agree that neither Softex nor any subcontractor or supplier of Softex will have any liability arising from your use of the Product in any such high risk activity.

SOFTEX’S MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY OR OTHERWISE IN CONNECTION WITH THE SALE OR USE OF THE PRODUCT IS THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT WILL SOFTEX, ITS SUPPLIERS OR ANY AFFILIATED OR SUBSIDIARY COMPANY BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, ANY FINANCIAL LOSS, ANY LOSS OF OR DAMAGE TO DATA, OR ANY THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES, LOST PROFITS OR SAVINGS, EVEN IF SOFTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT UNDER THIS LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT LIABILITY), A CONTRACT CLAIM OR ANY OTHER CLAIM.

THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED SOFTEX OR A SOFTEX REPRESENTATIVE OF THE POSSIBILITY OF ANY SUCH DAMAGES. HOWEVER, THIS LIMITATION OF LIABILITY WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Neither the Product nor its respective underlying technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By using the Product, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

This Limited Warranty shall be governed by the laws of the State of Florida, U.S.A., and by the laws of the United States, excluding their conflicts of laws principles. The United Nations Convention on contracts for the International Sale of Goods is hereby excluded in its entirety from the application to this Limited Warranty.