GoldKey Corporation ("GoldKey") Limited Equipment Warranty - Version: GKLW20141228
GoldKey warrants to the original owner that the equipment will be free from defects in material and workmanship for one (1) year. GoldKey does not warrant that the operation of the equipment will be uninterrupted or error free. This warranty does not apply if the equipment is damaged (including damage caused during shipping or installation) or is subjected to abnormal physical or electrical stress. This warranty expressly excludes problems arising due to compatibility with other vendors' equipment, or future compatibility due to third party software or driver updates.
This warranty does not cover replacement of equipment damaged by abuse, accident, misuse, neglect, alteration, repair, disaster, power surges, improper installation or improper testing. If the equipment is found to be otherwise defective, GoldKey, at its option, will replace or repair the equipment at no charge except as set forth below, provided that you deliver the equipment along with a Return Material Authorization (RMA) number to GoldKey. If you ship the equipment, you must assume the risk of damage or loss in transit. You must use the original container (or the equivalent) and pay the shipping charge. GoldKey's obligations hereunder are conditioned upon return of the equipment in accordance with GoldKey's Return procedures.
GoldKey may replace or repair the equipment with either new or remanufactured equipment or parts, and the returned equipment becomes GoldKey's property. GoldKey reserves the right to replace discontinued equipment with equivalent current generation equipment. GoldKey may elect, at its sole discretion, to refund your purchase price, instead of repairing or replacing the equipment. GoldKey Security Corporation shall not be responsible for any software, firmware, information, or memory data of yours, which is contained in, stored on, or integrated with any equipment returned to GoldKey pursuant to this warranty.
THE ABOVE WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION, SAMPLE OR OTHERWISE.
The above warranty DOES NOT apply to any beta equipment; any equipment made available for testing or demonstration purposes; any equipment for which GoldKey does not receive remuneration; or any equipment for which the product description states that there is no warranty. All such equipment is provided AS IS without any warranty whatsoever.
Critical Control Applications: GoldKey specifically disclaims liability for use of the equipment and software in critical control applications (including, for example only, safety or health care control systems, nuclear energy control systems, or air or ground traffic control systems), and such use is entirely at the user's risk. Customer agrees to defend, indemnify, and hold GoldKey harmless from and against any and all claims arising out of use of the equipment or software in such applications.
Software: As a service to our Customers, GoldKey may provide Software which can be used with the equipment. The use of the provided software with other manufacturers' equipment is specifically prohibited.
ALL SUCH SOFTWARE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. GOLDKEY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO THE SOFTWARE THUS PROVIDED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION, SAMPLE OR OTHERWISE. GOLDKEY DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY OF THE SOFTWARE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH SOFTWARE SHALL BE AT YOUR SOLE RISK. GOLDKEY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN THE SOFTWARE.
Limitation of Liability and Remedies
GOLDKEY SHALL HAVE NO LIABILITY FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) ARISING FROM THE USE OF OR INABILITY TO USE THE EQUIPMENT OR SOFTWARE, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, TORT, OR UNDER ANY WARRANTY, IRRESPECTIVE OF WHETHER GOLDKEY HAS ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, INFRINGEMENT OF INTELLECTUAL PROPERTY, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS. GOLDKEY SHALL HAVE NO LIABILITY FOR EQUIPMENT NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. NOTWITHSTANDING THE FOREGOING, GOLDKEY'S TOTAL LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE PRICE PAID FOR THE EQUIPMENT OR SOFTWARE. THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING THE PRICE. GOLDKEY NEITHER ASSUMES NOR AUTHORIZES ANYONE TO ASSUME FOR IT ANY OTHER LIABILITIES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Returning Defective Equipment (RMA)
Before returning any equipment, please contact GoldKey Support by visiting goldkey.com/support/ to obtain a Return Merchandise Authorization (RMA). This will help ensure the proper action or credit upon processing. GoldKey cannot accept any returned equipment without an RMA number on the package.
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