User guide

Limited Warranty

AVer Information, Inc. (“AVer”) warrants that the applicable product (“Product”) substantially conforms

to AVer’s documentation for the product and that its manufacture and components are free of defects

in material and workmanship under normal use. “You” as used in this agreement means you

individually or the business entity on whose behalf you use or install the product, as applicable. This

limited warranty extends only to You as the original purchaser. Except for the foregoing, the Product is

provided “AS IS.” In no event does AVer warrant that You will be able to operate the Product without

problems or interruptions, or that the Product is suitable for your purposes. Your exclusive remedy

and the entire liability of AVer under this paragraph shall be, at AVer’s option, the repair or replacement

of the Product with the same or a comparable product. This warranty does not apply to (a) any Product

on which the serial number has been defaced, modified, or removed, or (b) cartons, cases, batteries,

cabinets, tapes, or accessories used with this product. This warranty does not apply to any Product

that has suffered damage, deterioration or malfunction due to (a) accident, abuse, misuse, neglect, fire,

water, lightning, or other acts of nature, commercial or industrial use, unauthorized product

modification or failure to follow instructions included with the Product, (b) misapplication of service by

someone other than the manufacturer’s representative, (c) any shipment damages (such claims must

be made with the carrier), or (d) any other causes that do not relate to a Product defect. The Warranty

Period of any repaired or replaced Product shall be the longer of (a) the original Warranty Period or (b)

thirty (30) days from the date of delivery of the repaired or replaced product.

Limitations of Warranty

AVer makes no warranties to any third party. You are responsible for all claims, damages, settlements,

expenses, and attorneys’ fees with respect to claims made against You as a result of Your use or

misuse of the Product. This warranty applies only if the Product is installed, operated, maintained, and

used in accordance with AVer specifications. Specifically, the warranties do not extend to any failure

caused by (i) accident, unusual physical, electrical, or electromagnetic stress, neglect or misuse, (ii)

fluctuations in electrical power beyond AVer specifications, (iii) use of the Product with any accessories

or options not furnished by AVer or its authorized agents, or (iv) installation, alteration, or repair of the

Product by anyone other than AVer or its authorized agents.

Disclaimer of Warranty

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN AND TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, AVER DISCLAIMS ALL OTHER WARRANTIES WITH

RESPECT TO THE PRODUCT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,

INCLUDING WITHOUT LIMITATION, SATISFACTORY QUALITY, COURSE OF DEALING, TRADE

USAGE OR PRACTICE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.

Limitation of Liability

IN NO EVENT SHALL AVER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,

PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, BUT NOT LIMITED

TO, LOSS OF PROFITS, DATA, REVENUE, PRODUCTION, OR USE, BUSINESS INTERRUPTION,

OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN

CONNECTION WITH THIS LIMITED WARRANTY, OR THE USE OR PERFORMANCE OF ANY

PRODUCT, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR ANY

OTHER LEGAL THEORY, EVEN IF AVER HAS ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. AVER’S TOTAL, AGGREGATE LIABILITY FOR DAMAGES OF ANY NATURE,

REGARDLESS OF FORM OF ACTION, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY

YOU TO AVER FOR THE SPECIFIC PRODUCT UPON WHICH LIABILITY IS BASED.