Media Appliance
Warranty Statement
This Warranty Statement applies to any Media Appliance provided by Edgenuity Inc
(“Edgenuity”).
1.
Limited Warranty.
1.1.
Hardware. Edgenuity warrants that, subject to the limitations and disclaimers below, the
hardware components of the Media Appliance will be free from defects in material and workmanship under
normal use for a period of three (3) years from the date of original shipment of the Media Appliance to Client
(the “Limited Hardware Warranty”).
1.2.
Software. Edgenuity warrants that, subject to the limitations and disclaimers below, the
software included or provided with or embedded in the Media Appliance, and any other software components
of the Media Appliance, will operate substantially in accordance with the applicable documentation provided
by Edgenuity for a period of three (3) years from the date of original shipment of the Media Appliance to Client
(the “Limited Software Warranty”).
1.3.
Original Purchaser Only. The Limited Hardware Warranty and the Limited Software
Warranty (collectively, the “Limited Warranties”) extend only to the original purchaser of the Media Appliance.
1.4.
Original Shipment Date. The date of original shipment from Edgenuity will be determined
by Edgenuity’s shipping records.
2.
Exclusions.
The Limited Warranties do not apply if the Media Appliance, or any portion of the Media Appliance, including
any of its hardware or software components, (a) is altered in any way, except by Edgenuity or its authorized
representatives, (b) is installed, configured, implemented, operated, or maintained in any way that is contrary
to its documentation or any instructions supplied at any time by or on behalf of Edgenuity, (c) is not housed in
a secure environment suitable for data processing equipment, (d) has been subjected to abnormal physical or
electrical stress, abnormal environmental conditions, misuse, negligence, accident, or any act or event
beyond the reasonable control of Edgenuity, including acts of war, acts of terrorism, acts of God, acts of
crime, or acts of government, or (e) was subject to repair or modification not authorized by Edgenuity. The
Limited Warranties also do not apply if the Media Appliance is provided to Client for pre-production,
demonstration, evaluation, or charitable purposes.
3.
Breach and Remedies.
3.1.
Hardware. Client must notify Edgenuity of any possible breach of the Limited Hardware
Warranty by reporting the issue(s) to Edgenuity’s technical support department at 1-877-202-0338, prompt
number 3. Such notice must describe the issue(s) in reasonable detail and must be delivered during the
warranty period. Upon Edgenuity’s receipt of such notice, and subject to the return procedures described in
Section 4 below, Edgenuity will, at its sole option, either (a) repair the defective hardware, (b) replace the
defective hardware with similar or substantially similar hardware, or (c) refund the original purchase price paid
for the Media Appliance. Any components used in repair or replacement may be new, equivalent to new, or
refurbished.
3.2.
Software. Client must notify Edgenuity of any possible breach of the Limited Software
Warranty by reporting the issue(s) to Edgenuity’s technical support department at 1-877-202-0338, prompt
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number 3. Such notice must describe the issue(s) in reasonable detail and must be delivered during the
warranty period. Upon Edgenuity’s receipt of such notice, and subject to the return procedures described in
Section 4 below, Edgenuity will, at its sole option, either (a) use commercially reasonable efforts to attempt to
correct or provide workarounds for errors, (b) replace the software with functionally equivalent software, or (c)
refund the original purchase price paid for the Media Appliance.
3.3.
Exclusive Remedies. THE REMEDIES CONTAINED IN THIS SECTION ARE CLIENT’S
SOLE AND EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF Edgenuity AND ITS SUPPLIERS AND
LICENSORS WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTIES, AND ARE IN LIEU OF
ANY AND ALL OTHER REMEDIES.
4.
Procedures.
When Client provides Edgenuity with notice of a possible breach of a Limited Warranty as described in
Section 3 above, Client must obtain a Return Materials Authorization (“RMA”) number prior to returning the
Media Appliance to Edgenuity, and Client must include the RMA number on all packaging. Client shall return
the Media Appliance to Edgenuity in the manner directed by Edgenuity, and Client shall be responsible for all
freight and handling charges for the return. Upon its receipt of the Media Appliance, Edgenuity will inspect
and test the Media Appliance and diagnose the claimed defect or error within a commercially reasonable
amount of time. If Edgenuity determines that a claimed defect or error constitutes a breach of either Limited
Warranty, then Edgenuity shall remedy the defect or error at its expense as provided in Section 3 above. If
Edgenuity determines in good faith that a defect or error was caused by Client, or otherwise does not
constitute a breach of either Limited Warranty, Edgenuity will ship a new or refurbished Media Appliance to
Client and Client shall pay Edgenuity the full purchase price of such Media Appliance plus freight and
handling charges.
5.
Early Termination.
Notwithstanding anything herein to the contrary, the Limited Warranties shall terminate immediately,
automatically, and irrevocably, and shall be of no further force and effect, if Client either (a) ceases to be an
active customer of Edgenuity, or (b) defaults on any obligation to Edgenuity or defaults under any agreement
with Edgenuity.
6.
Obsolescence.
In the event that Edgenuity, in its sole discretion, materially changes any of the specifications of the hardware
components of the Media Appliance, and provided that the Limited Warranties are in effect, Edgenuity will
notify Client of the changes, Edgenuity will deliver an updated version of the Media Appliance at no charge to
Client at Client’s address on file at Edgenuity, and Edgenuity will provide Client with an RMA number and
instructions for the return of the original Media Appliance to Edgenuity. Upon Client’s receipt of the updated
version, Client shall return the original Media Appliance to Edgenuity in the manner instructed by Edgenuity,
and Edgenuity shall be responsible for any associated freight and handling charges.
7.
Software License; Precedence of Documents.
Any software provided as part of or in connection with the Media Appliance is licensed pursuant to the
Standard Terms And Conditions For The Purchase And License Of Edgenuity Products and Services (the
“Standard Terms”), and such software may be used by Client only as expressly authorized by and subject to
the Standard Terms. The Standard Terms are incorporated herein by this reference in their entirety. A copy
of the Standard Terms has been provided to Client or has been made available to Client at the following URL:
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http://www.edgenuity.com/Edgenuity-standard-terms-and-conditions-of-sale.pdf
A printed copy of the Standard Terms is also available upon request. In the event of a conflict between a
term of this Warranty Statement and the term of the Standard Terms, the term of this Warranty Statement
shall prevail, provided that in all events, nothing contained in this Warranty Statement shall modify, alter, or
affect anything in the Standard Terms that relates to the ownership or licensing of any software provided or
otherwise made available to Client by Edgenuity.
8.
Disclaimers.
EXCEPT FOR THE EXPRESS LIMITED WARRANTIES CONTAINED IN THIS WARRANTY STATEMENT,
ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING
(WITHOUT LIMITATION) ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR APPLICATION, NON-INFRINGEMENT, SATISFACTORY QUALITY,
NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE
OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT
ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY EDGENUITY, ITS SUPPLIERS
AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH
WARRANTY IS LIMITED IN DURATION TO ONE (1) YEAR FROM THE DATE OF ORIGINAL SHIPMENT
OF THE MEDIA APPLIANCE TO CLIENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY
NOT APPLY. THESE WARRANTIES GIVE CLIENT SPECIFIC LEGAL RIGHTS, AND CLIENT MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND
EXCLUSION SHALL APPLY EVEN IF THE LIMITED WARRANTIES FAIL OF THEIR ESSENTIAL
PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EDGENUITY DOES NOT WARRANT OR
REPRESENT THAT THE MEDIA APPLIANCE (INCLUDING ANY ASSOCIATED SOFTWARE) WILL (A) BE
ERROR-FREE, (B) OPERATE WITHOUT INTERRUPTION, (C) BE FREE OF ALL POSSIBLE METHODS
OF ACCESS, ATTACK, OR INTRUSION, OR (D) SATISFY ANY PARTICULAR REQUIREMENT OR
PURPOSE. IN ADDITION, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EDGENUITY
OR ANY EMPLOYEE OR REPRESENTATIVE OF EDGENUITY SHALL INCREASE THE SCOPE OF THE
LIMITED WARRANTIES OR CREATE ANY NEW OR ADDITIONAL WARRANTIES.
9.
Limitations of Liability.
IN NO EVENT SHALL CLIENT BE ENTITLED TO, AND IN NO EVENT SHALL EDGENUITY, ITS
SUPPLIERS OR LICENSORS BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR
NATURE, INCLUDING (WITHOUT LIMITATION) COVER, BUSINESS INTERRUPTION, LOSS OF PROFIT,
REVENUE, DATA, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE, OR MALFUNCTION,
EVEN IF EDGENUITY, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, REGARDLESS OF HOW SUCH DAMAGES WERE CAUSED, AND REGARDLESS OF
WHETHER SUCH DAMAGES ARISE OUT OF THE USE OR INABILITY TO USE THE MEDIA APPLIANCE
OR OTHERWISE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS OR
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EXCLUSIONS OF CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, SOME OR ALL OF THE
FOREGOING LIMITATONS MAY NOT APPLY.
IN NO EVENT SHALL THE LIABILITY OF EDGENUITY AND ITS SUPPLIERS AND LICENSORS ARISING
IN ANY WAY OUT OF THE PURCHASE, USE OR PERFORMANCE OF THE MEDIA APPLIANCE EXCEED
THE PURCHASE PRICE PAID BY CLIENT TO EDGENUITY FOR THE MEDIA APPLIANCE. THIS
LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.
THESE LIMITATIONS OF LIABILITY AND RESTRICTIONS ON DAMAGES APPLY WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, OR OTHERWISE, AND
SHALL APPLY EVEN IF THE LIMITED WARRANTIES FAIL OF THEIR ESSENTIAL PURPOSE.
10.
Miscellaneous.
This Warranty Statement shall be governed by and construed in accordance with the laws of the State of
Arizona without regard to conflicts of laws principles which would result in the application of the laws of
another jurisdiction, and the state and federal courts located in Maricopa County, Arizona shall have exclusive
jurisdiction and venue over any dispute arising hereunder. In no event shall the United Nations Convention
for the International Sale of Goods apply to this Warranty Statement. In the event any provision hereof is held
by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions will remain in full force
and effect. Client understands and acknowledges that the terms of this Warranty Statement and the Standard
Terms, as well as material information regarding the form, function, operation, and limitations of the Media
Appliance, may change from time to time. Neither this Warranty Statement, nor any rights hereunder, may be
assigned by operation of law or otherwise, in whole or in part, by Client without the prior, written consent of
Edgenuity.
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