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Hardware products sold by ICS are warranted against defects in material and workmanship for a period of one (1) year from the date of shipment. Unless otherwise agreed to in
writing by ICS, defective Hardware must be returned to the location specified by ICS, freight prepaid, for repair or replacement. No such shipment will be accepted
unless a valid return materials authorization number ("RMA Number") is clearly cited on the package and shipping documents. RMA numbers may be obtained by
telephone or by e-mail to ICS. ICS assumes no responsibility for warranty service at the Master Distributor or End User site, or for provision of loaner parts or
Hardware. Subject to the above limitations, ICS agrees to repair or replace defective Hardware during the warranty period at no charge to the Master Distributor or the End
User.
Software products sold by ICS are warranted only as set forth in the End User License Agreement (EULA). There is no warranty or other support provided for any unregistered
Software. Any Services provided by ICS are warranted to be performed in a workmanlike manner consistent with industry standards.
The exclusive remedy for breach of the hardware warranty set forth above shall be the repair or replacement, at ICS's option, of any defects in the Hardware. The exclusive
remedy for breach of the software warranty set forth above, as it relates to Registered Software, shall be as set forth in the End User License, and as it relates to
Services, shall be the re-performance of the defective Services. In the event that any of the exclusive remedies described above is deemed to have failed of its
essential purpose, damages shall be limited to the purchase price of the Product involved. This limitation of remedies is an essential part of all ICS Agreements which
ICS would not bargain for otherwise.
ICS IS NOT AN INSURER UNDER ANY AGREEMENT. IN NO EVENT SHALL ICS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE
DAMAGES) REGARDLESS OF WHETHER THE CLAIM IS BROUGHT FORTH AS A TORT, AS A CONTRACT CLAIM, OR OTHERWISE AND WHETHER ICS HAS BEEN ADVISED OF, OR OTHERWISE IS AWARE OF, THE
POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT AS PROVIDED HEREIN, ICS MAKES NO OTHER WARRANTIES
OR REPRESENTATIONS. THE WARRANTIES EXPRESSED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MECHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
ICS DOES NOT WARRANT AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY ON COMPONENTS NOT PURCHASED FROM ICS OR PURCHASED FROM ICS WHICH IN CONJUNCTION WITH ANOTHER MANUFACTURER'S
COMPONENTS HAVE NOT BEEN EXPLICITLY APPROVED BY ICS IN WRITING AS ACCEPTABLE FOR INTERFACING WITH THE ICS COMPONENTS AND ICS SHALL BE UNDER NO OBLIGATION TO PROVIDE
MAINTENANCE, SERVICE, OR SUPPORT FOR ANY SUCH COMPONENTS OR SYSTEM. ICS SHALL NOT HAVE ANY LIABILITY FOR HARDWARE MALFUNCTION OR FAILURE ATTRIBUTABLE TO UNAUTHORIZED
REPAIRS, IMPROPER INSTALLATION NOT PERFORMED BY ICS PERSONNEL, MODIFICATIONS, MISUSE, ACCIDENT, CATASTROPHE, NEGLECT OR IF AT ANY TIME THE POWER SUPPLIED TO ANY PART OF
THE HARDWARE EXCEEDED THE RATED TOLERANCE.
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