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Alopek, Inc
650 S Military Trail, Deerfield Beach, FL 33442
©2007, Alopek, Inc. All rights reserved.
that RMA. If, upon reasonable examination of the returned product, Alopek Inc does not
substantiate the defect claimed by purchaser, or determines that the defect is not covered under
this limited warranty, Alopek Inc will not be required to repair or replace the product, but may
instead reship the product to the purchaser, in which case purchaser shall be responsible for
paying Alopek Inc’s usual charges for unpacking, testing, and repacking the product for
reshipment to purchaser. Purchaser shall bear the risk of loss or damage in transit to any product
returned by purchaser to Alopek Inc, or any returned product not found to be defective or covered
under this warranty and reshipped by Alopek Inc to purchaser. In the event Alopek Inc repairs or
replaces a defective product, the repaired or replacement product will be covered under this
limited warranty for the remainder of the original warranty period on the defective product. If
Alopek Inc is unable to repair or replace a defective product, the purchaser’s exclusive remedy
shall be a refund of the original purchase price. Any returned and replaced product, or any
product for which Alopek Inc has refunded the original purchase price, becomes the property of
Alopek Inc.
Software
During the warranty period applicable to the software or its media, Alopek Inc, at its expense, will
replace any defective software or media if purchaser gives written notification of the defect to the
technical support department at Alopek Inc during the applicable warranty period. Alopek Inc will
ship or otherwise transmit the replacement software or media to purchaser, and purchaser shall
be responsible for incorporating any replacement software in the product. Alopek Inc shall not
have any obligation to provide any software bug fixes, upgrades or new releases except as may
be necessary to correct any covered defect of which purchaser notifies Alopek Inc in writing
during the applicable warranty period. Alopek Inc, from time to time and in its sole discretion, may
make available for download on its website (www.Alopek.com) certain software bug fixes,
upgrades or new releases for the product. The purchaser should periodically visit such website to
determine whether any such bug fixes, upgrades or new releases have become available.
Download and use of any such bug fixes, upgrades or new releases is subject to all of the
applicable terms and conditions of Alopek Inc’s technical support policy as posted and updated
on its website.
Exceptions and Disclaimers
Alopek Inc shall have no obligation under this limited warranty for (a) normal wear and tear, (b)
the cost of procurement of substitute products or (c) any defect that is (i) discovered by purchaser
during the warranty period but purchaser does not notify or request an RMA number from Alopek
Inc, as required above, until after the end of the warranty period, (ii) caused by any accident,
misuse, abuse, improper installation, handling or testing, or unauthorized repair or modification of
the product, (iii) caused by use of any software other than any software supplied by Alopek Inc, or
by use of the product other than in accordance with its documentation or (iv) the result of
electrostatic discharge, electrical surge, fire, flood or similar causes. Unless otherwise provided in
a written agreement between the purchaser and Alopek Inc, the purchaser shall be solely
responsible for the proper configuration, testing and verification of the product prior to deployment
in the field.
ALOPEK INC’S SOLE RESPONSIBILITY AND PURCHASER’S SOLE REMEDY UNDER THIS
LIMITED WARRANTY SHALL BE TO REPAIR OR REPLACE THE PRODUCT HARDWARE,
SOFTWARE OR SOFTWARE MEDIA (OR IF REPAIR OR REPLACEMENT IS NOT POSSIBLE,
OBTAIN A REFUND OF THE PURCHASE PRICE) AS PROVIDED ABOVE. ALOPEK INC
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY, SATISFACTORY PERFORMANCE AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT SHALL ALOPEK INC BE LIABLE FOR ANY INDIRECT, SPECIAL,
EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
LIMITATION LOSS OR INTERRUPTION OF USE, DATA, REVENUES OR PROFITS)