User's Guide

Spider® AT
User's Guide P a g e 3 Revision: Draft
SOFTWARE
During the warranty period applicable to the software or its media, Enfora, at its expense,
will replace any defective software or media if purchaser gives written notification of the
defect to the technical support department at Enfora during the applicable warranty
period. Enfora 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. Enfora 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 Enfora in writing during the applicable warranty period. Enfora,
from time to time and in its sole discretion, may make available for download on its
website (www.enfora.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 Enfora’s technical support policy as posted and updated on its website.
EXCEPTIONS AND DISCLAIMERS
Enfora 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 Enfora, 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 Enfora, 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 Enfora, the purchaser shall be solely responsible for the proper
configuration, testing and verification of the product prior to deployment in the field.
ENFORA’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.
ENFORA 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 ENFORA BE LIABLE FOR ANY
INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION LOSS OR INTERRUPTION OF USE, DATA,
REVENUES OR PROFITS) RESULTING FROM A BREACH OF THIS WARRANTY OR
BASED ON ANY OTHER LEGAL THEORY, EVEN IF ENFORA HAS BEEN ADVISED OF
THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.