Evolocity II Installation Guide.book - Abel Keogh

20 Linux Networx Limited Warranty
Third Party Software
Third Party Software
LINUX NETWORX PROVIDES ALL SOFTWARE INCLUDED WITH THE PRODUCT(S) OTHER
THAN THE LINUX NETWORX SOFTWARE (THE “THIRD PARTY SOFTWARE”) “AS IS,”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR
PURPOSE. CUSTOMER ASSUMES ANY AND ALL RISKS AS TO THE QUALITY AND
PERFORMANCE OF THE THIRD PARTY SOFTWARE, INCLUDING BUT NOT LIMITED TO THE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. LINUX NETWORX ALSO
PROVIDES THE THIRD PARTY SOFTWARE SUBJECT TO ALL OF THE “OTHER LIMITATIONS
AND DISCLAIMERS” SET FORTH BELOW.
Because Linux Networx provides no warranties as to the Third Party Software, warranties applicable to the
Third Party Software, if any, will be the warranties made by the third party licensors to or for the benefit of the
Customer in any applicable license agreements. Linux Networx does not represent that any such warranties
exist. Pursuant to the GNU General Public License, there is no warranty applicable to GPL software.
Procedures for Obtaining Linux Networx Warranty Service
For warranty service, the Customer must complete the Linux Networx Warranty Service Request Form
available on line at www.linuxnetworx.com/support/ and submit it to the Service Center. After receipt of
the properly completed form, the Service Center will contact the Customer and attempt to resolve the
problem(s) identified on the form. The Customer agrees to take all actions reasonably requested by the Service
Center in attempting to correct such problem(s). If, after Customer has taken all such actions, the Service
Center does not resolve the problem(s), the Service Center will issue a return material authorization (“RMA”)
number, within two business days, for the return of the Product(s) or the affected part(s). This RMA number
shall be valid for ten (10) business days from the date of issue. The Customer is responsible for returning the
Product(s) or affected part(s) to the Service Center with a valid RMA number and for all transportation costs
associated with such return. The Customer shall bear all risk of loss or damage to the Product(s) or the
affected part(s) during transportation to and from the Service Center. Any damage that occurs during
transportation must be noted by the Customer on the waybill and handled with the shipping company. Any
part(s) that must be replaced due to shipping damage will be billed directly to the Customer. Linux Networx
must receive a valid RMA number with returned Product(s) or part(s) before shipping any new or replacement
Product(s) or part(s). All defective Products and parts replaced under this Limited Warranty will become the
property of Linux Networx. If the service and part(s) required for the repair or replacement of the Product(s)
or defective part(s) are within the scope of this Limited Warranty, then Linux Networx shall ship the repaired
or replaced Product(s) and part(s) to the Customer via U.S. mail (ground) at Linux Networx's cost. If such
service or part(s) are not within such scope, then upon receipt of Customer's prepayment of the transportation
costs, Linux Networx will send the new or replacement Product(s) or part(s) to the Customer. The Customer
shall bear all risk of loss or damage to the new or replacement Product(s) or part(s) during transportation.
Third Party Hardware: Upon receipt of Third Party Hardware with a valid RMA number, the Service Center
will seek warranty service from the manufacturer thereof and will return to the Customer any new or
replacement hardware that is supplied by such manufacturer. If the apparent malfunction is not covered by
such manufacturer's warranty or Linux Networx is unable to enforce such warranty, the Service Center will
return such hardware to the Customer or dispose of such hardware, at the Customer's option. In each instance,
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