Products Owner's manual

122 • Appendix D. Warranty R-Series Data Center Products User’s Guide
The Defective Product must be shipped back to ClearCube within five (5) business days of ClearCube’s issuance
of a RMA for such Defective Product. If ClearCube issues a RMA for Defective Product and ships a Replacement
Product to customer, customer will be billed in accordance with the prices and payment terms contained in its
original invoice for any Defective Product that is not received by ClearCube, the ClearCube Authorized Support
Provider, or other ClearCube designate within ten (10) business days of the date of such RMA.
Data Backup Procedures. The customer is solely responsible for backing up all data and programs in
compliance with the applicable license agreements prior to returning the ClearCube Product to ClearCube for
service under this Warranty. ClearCube has sole discretion over whether to repair Defective Product or ship
Replacement Product under this warranty. ClearCube does not warrant the loss or corruption of data or
software programs. As a practice, ClearCube, the ClearCube Service Provider, or other ClearCube RMA
Centers will delete all information on storage devices returned to ClearCube. ClearCube shall not be liable for
any information, including without limitation data and software, left on such ClearCube Product by Customer.
Used and Reconditioned Parts
. Unless otherwise stated, and to the extent permitted by local law, ClearCube
may repair or replace ClearCube Products or any hardware components thereof with products and/ or
components that are have been subject to prior incidental use or that are used and have been refurbished,
reconditioned or remanufactured. In addition ClearCube may repair or replace ClearCube Products or any
hardware components thereof with Products and/or components that are equivalent or better in performance to
the Products or components being repaired or replaced.
Third Party Products. ClearCube is not responsible for, and warranty service herein does not cover, hardware,
components or peripherals not manufactured by ClearCube (“
Non-ClearCube Hardware ”), including without
limitation products manufactured by third parties which are installed as part of a system with the ClearCube
Product, or products external to the central processor unit–such as external storage subsystems, printers, and other
peripherals. Customer agrees to look to the manufacturer of such Non-ClearCube Hardware for any applicable
warranty coverage, and acknowledges such warranty coverage, if any, may be subject to separate terms and
conditions provided by the manufacturers of such Non-ClearCube Hardware and proof of purchase requirements.
Excluded Coverage. This Warranty does not apply to defects resulting from: (a) improper or inadequate
maintenance or calibration; (b) software, interfacing, supplies, or consumable materials; (c) Non-ClearCube
Hardware; (d) parts not supplied by ClearCube; (e) unauthorized repair, maintenance, modification or misuse;
(f) operation outside of the published operating specifications for the ClearCube Product, including but not
limited to improper temperature control or improper power; (g) improper site preparations or maintenance; (h)
virus infections; (i) lightning strikes, power surges, acts of God, acts of Terrorism, nuclear disaster, or any other
cause outside the reasonable control of ClearCube; or (j) such other exclusions as may be expressly set forth
in this Warranty Statement.
W ARRANTY D ISCLAIMER . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT
FOR THE WARRANTY COVERAGE EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, CLEARCUBE
DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SUITABILITY
AND NON INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
LIMITATION OF LIABILITIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL CLEARCUBE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
INDIRECT DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS
OF USE OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
CLEARCUBE PRODUCT, OF THIS EXTENDED WARRANTY OR THE PROVISION OF OR FAILURE TO
PROVIDE WARRANTY SERVICE, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE EVEN IF
CLEARCUBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
MAY NOT ALLOW DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITIES TO THE FULL
EXTENT SET FORTH ABOVE.