
All Rights Reserved © 1997 - 2015 Enable-IT™, Inc. Page 5 of 6
c. Conditions for Warranty Qualification.
If authorized by Enable-IT to return a Product which does not conform to the warranty set forth above, the
End User must: (1) obtain a return materials authorization (RMA) number from Enable-IT by contacting the
Customer Service Dept. at 888-309-0910 between the hours of 8:00 a.m. and 5:00 p.m. PST and
otherwise fully comply with Enable-IT’s then-current RMA policy; (2) return the Product to Enable-IT in its
original packaging freight pre-paid; and (3) provide to Enable-IT the original receipt or bill of sale
establishing the date on which the Product was purchased. Products returned to Enable-IT without an
RMA number will be returned to the End User. Enable-IT shall not be responsible for damage or loss
during shipment of the returned Product to Enable-IT.
d. Voiding of Warranty.
The express warranty set forth above shall not apply to failure of the Product if the Product has been
subjected to: (i) physical abuse, misuse, improper installation, abnormal use, power failure or surge, or use
not consistent with the operating instructions provided by Enable-IT; (ii) modification (including but not
limited to opening the Product housing) or repair by any party in any manner other than as approved by
Enable-IT in writing; (iii) fraud, tampering, unusual physical or electrical stress, unsuitable operating or
physical conditions, negligence or accidents; (iv) removal or alteration of the Product serial number tag; (v)
improper packaging of Product returns; or (vi) damage during shipment (other than during the original
shipment of the Product to the End User from Enable-IT, if applicable).
e. Warranty Disclaimers.
THE EXPRESS WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES,
WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED. ENABLE-IT DISCLAIMS, TO THE MAXIMUM
EXTENT PERMITTED BY LAW, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO PERSON
(INCLUDING WITHOUT LIMITATION, ENABLE-IT’S EMPLOYEES, AGENTS, RESELLERS, OEMS OR
DISTRIBUTORS) IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR REPRESENTATION
CONCERNING THE PRODUCT. IF THE DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT
PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTY IS LIMITED TO ONE (1)
YEAR FROM THE DATE OF PURCHASE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,
SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. THIS WARRANTY GIVES THE END
USER SPECIFIC LEGAL RIGHTS AND THE END USER MAY ALSO HAVE OTHER RIGHTS, WHICH
VARY FROM JURISDICTION TO JURISDICTION. ENABLE-IT DOES NOT WARRANT THAT THE
OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. ENABLE-IT IS NOT
RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OF ANY PROGRAMS, DATA, OR OTHER
INFORMATION STORED ON OR TRANSMITTED USING THE PRODUCT.
2. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ENABLE-IT BE LIABLE TO THE END USER, OR ANY THIRD PARTY, FOR ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH OR ARISING OUT OF THE SALE OR USE OF THE PRODUCT (INCLUDING BUT NOT LIMITED
TO LOSS OF PROFIT, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES,
INCLUDING WITHOUT LIMITATION BREACH OF WARRANTY, OR IN CONTRACT OR IN TORT
(INCLUDING NEGLIGENCE), OR STRICT LIABILITY, EVEN IF ENABLE-IT HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF A LIMITED REMEDY SET FORTH
IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL ENABLE-IT’S
LIABILITY TO THE END USER, OR ANY THIRD PARTY, EXCEED THE PRICE PAID FOR THE
PRODUCT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY
NOT APPLY TO THE END USER.