CySight’s Limited Warranties
CySight warrants that any Hardware and Software supplied by CySight (“Product”) will conform in all material respects to CySight’s then-current published specifications pertaining to the Product. The Hardware components shall be warranted for a period of one (1) year from the date of delivery to Customer (“Warranty Period”). The software shall be warranted for a period of ninety (90) days from the date of delivery to Customer.
CySight does not warrant that the Product will operate error free, that the functions contained in the Product will operate in the combinations selected by Customer or that the product will meet Customer’s requirements. CySight’s sole obligation Customer’s sole remedy under the foregoing warranties shall be for CySight to use commercially reasonable efforts to repair, remedy, or replace the affected Products. The above warranties are conditioned upon Customer notifying CySight in writing, within warranty period, of any alleged defect of the Products.
Nullification of Warranty. The above warranties shall be void to the extent that defects or failures of the Products are caused by: (i) any modification to the Product not by CySight; (ii) use of the Product in a manner, or with software or equipment, not described in the documentation; (iii) use of the Product in a way not permitted as instructed or under an agreement; (iv) use of a version of a Product more than one version behind the current release; or (v) the negligence or intentional misconduct of any user or the Product
Warranty Disclaimer. CySight DOES NOT MAKE AND HEREBY DISCLAIMS ANY OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CUSTOMER WARRANTS THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IN ENTERING INTO THIS AGREEMENT OTHER THAN THOSE MADE BY CySight EXPRESSLY CONTAINED IN THIS AGREEMENT.
CySight’s Services Warranties
CySight represents and warrants to Customer as at the date of each order and at all times after the date of the order, that properly trained personnel shall provide first, second and third level support in a professional workmanlike manner consistent with industry standards; and professional services are warranted for 30 days after provision.
Remedy for Breach of Warranty
If, during the Warranty Period, a Product suffers from or displays a substantial fault, failure, error or non-conformance of the product with the product specification (“Defect”), Customer must promptly notify CySight of the Defect and give CySight such details as it may reasonably require to enable CySight to correct the Defect remotely online.
Subject to Customer complying with the clause above, CySight must at its own cost use all reasonable efforts to correct or work around a Defect by modifying or replacing the relevant Product or providing an update as soon as practicable.
If CySight is unable to correct or work around a Defect within a period agreed in writing, CySight must upon Customer request, refund the price paid in respect of the relevant Product together with any customization or other integration work.
Documents/Manuals/White Papers etc...
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