User's Manual

50
any part thereof) with any reconditioned product that GemTek reasonably
determines is substantially equivalent (or superior) in all material respects to
the defective Hardware. The Warranty Period shall extend for an additional
ninety (90) days after any repaired or replaced Hardware is delivered. If a
material defect is incapable of correction, or if GemTek determines in its
sole discretion that it is not practical to repair or replace the defective
Hardware, the price paid by the original purchaser for the defective
Hardware will be refunded by GemTek upon return to GemTek of the
defective Hardware. All Hardware (or part thereof) that is replaced by
GemTek, or for which the purchase price is refunded, shall become the
property of GemTek upon replacement or refund.
Limited Software Warranty: GemTek warrants that the software portion of
the product (“Software”) will substantially conform to GemTek’s then
current functional specifications for the Software, as set forth in the
applicable documentation, from the date of original delivery of the Software
for a period of ninety (90) days (“Warranty Period”), if the Software is
properly installed on approved hardware and operated as contemplated in its
documentation. GemTek further warrants that, during the Warranty Period,
the magnetic media on which GemTek delivers the Software will be free of
physical defects. GemTek’s sole obligation shall be to replace the non-
conforming Software (or defective media) with software that substantially
conforms to GemTek’s functional specifications for the Software. Except as
otherwise agreed by GemTek in writing, the replacement Software is
provided only to the original licensee, and is subject to the terms and
conditions of the license granted by GemTek for the Software. The Warranty
Period shall extend for an additional ninety (90) days after any replacement