Cobalt Iron Limited Software Warranty Policy

All Cobalt Iron products are covered by the limited warranty described below.

Limited Warranty

Cobalt Iron warrants that the Software will substantially conform to the applicable documentation and specifications for 90 days following the date the Software is made available to you. This warranty does not apply if the Software, Cobalt Iron product or any other equipment upon which the Software is authorized to be used: (i) has been altered, except by Cobalt Iron or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Cobalt Iron, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (iv) has been used in violation of the license granted by Cobalt Iron; (v) you have failed to implement new updates to the Software or (vi) is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which Cobalt Iron does not receive a payment of a purchase price or license fee. Cobalt Iron will use commercially reasonable efforts to deliver to you Software free from any viruses, programs, or programming devices designed to modify, delete, damage or disable the Software or your data.

Scope of Limited Warranty

This Limited Warranty applies to Cobalt Iron-branded products purchased directly from Cobalt Iron, or through an authorized distributor or reseller. This Limited Warranty extends only to the initial OEM purchaser (for OEM modules products) or the initial end user purchaser (for Enterprise Solutions products).

If Cobalt Iron products have been integrated within a product or system by a manufacturer or system integrator, no warranty is provided by Cobalt Iron unless that product or system is approved by Cobalt Iron.

Warranty Procedures and Remedies

During the applicable warranty period, if a customer is unable to resolve a product problem and Cobalt Iron Technical Support determines the product is defective, a Return Material Authorization (RMA) will be issued. Following receipt of an RMA number, the customer shall return the product to Cobalt Iron, freight prepaid. Upon verification of warranty, Cobalt Iron will, at its option, repair or replace the product and return it to the customer freight prepaid. If the product is not under warranty, the customer may have Cobalt Iron repair the unit on a fee basis or return it. No services are handled at the customer’s site under this Limited Warranty.

Disclaimer

EXCEPT AS EXPRESSLY SET FORTH ABOVE, COBALT IRON MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, OR WARRANTIES OR OBLIGATIONS ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. FURTHER, COBALT IRON DOES NOT WARRANT THAT ITS SOFTWARE IS ERROR FREE OR THAT END USERS WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT PROBLEMS OR INTERRUPTION.

Limitation of Liability

YOUR EXCLUSIVE REMEDY FOR ANY DEFECTIVE PRODUCT IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT.

IN NO EVENT WILL COBALT IRON OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF COBALT IRON OR ITS AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT ANY REMEDY PROVIDED SHOULD FAIL OF ITS ESSENTIAL PURPOSE. THE TOTAL CUMULATIVE LIABILITY TO AN OEM MANUFACTUER OR END USER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT. IN ADDITION, COBALT IRON SHALL NOT BE LIABLE FOR CUSTOMER’S OR ANY THIRD PARTY’S SOFTWARE, FIRMWARE, INFORMATION, OR MEMORY DATA CONTAINED IN, SORTED ON, OR INTEGRATED WITH ANY PRODUCT RETURNED TO COBALT IRON, WHETHER UNDER WARRANTY OR NOT.

General

For consumers, who are covered by consumer protection laws or regulations in their states or country of purchase, if different, the benefits conferred by this Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations.

To the extent there is a conflict between this Limited Warranty and an agreement between Cobalt Iron and a distributor, reseller, OEM manufacturer or end user, the terms of the agreement will prevail. If any provision of this Limited Warranty is determined to be unenforceable or invalid by court decision, the policy will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law.

Cobalt Iron is not responsible for any warranty, support or maintenance commitments made by its distributors, resellers or other service providers. Cobalt Iron reserves the right to amend or change this policy at its sole discretion at any time.

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