Limited Warranty - The term “Hardware Device” means the Zeeis hardware products. The term “You” means either an individual or a single legal entity who will be referred to in this Limited Warranty as “You” and “Your”.
- Warranty Period: One (1) years for the Zeeis Hardware devices.
- Limitation on Duration of Implied Warranties. If You are a consumer, You may also have an implied warranty and/or condition under the laws of some jurisdictions, which is hereby limited to the duration of the Warranty Period. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the foregoing limitation may not apply to You.
Subject to applicable law and the following, and provided that You return the SOFTWARE and Hardware Device to Your place of acquisition (or, if that place will not accept the return, to Zeeis) with a copy of Your receipt or other bona fide proof of payment during the Warranty Period, Zeeis will, at its option and as Your exclusive remedy for breach of this Limited Warranty and any implied warranties:
repair or replace all or part of the defective Hardware Device; or make payment to You for the allowable damages that You incurred in reasonable reliance, but only up to the amount You paid (if any) for the SOFTWARE and/or the Hardware Device less reasonable depreciation based on actual use.
The above remedy is subject to the following:
Any repaired or replaced Hardware Device will be new or refurbished or serviceably used, comparable in function and performance to the original Hardware Device (or SOFTWARE), and may include third party items;
Any Hardware Device repaired or replaced under this Limited Warranty will be warranted for the remainder of the original Warranty Period or 30 days from the date of shipment of the item back to You, whichever is longer.
Except as otherwise required by legislation in Your jurisdiction, costs associated with transport (including packaging) for warranty service shall be at Your expense; and
Zeeis does not provide any warranties regarding any other services provided under this Limited Warranty and disclaims all duties (if any) of workmanlike effort or of lack of negligence regarding such services.
Exclusion of Other Damages
To the full extent allowed by law, Zeeis and its suppliers, affiliates and agents are not liable for any:
- consequential or incidental damages;
- damages or loss of any nature whatsoever relating to lost profits, business interruption, loss of data or privacy or confidentiality, any inability to use all or part of the hardware device or software, personal injury, or any failure to meet any duty (including but not limited to any duty of negligence, good faith or of workmanlike effort); or
- indirect, special, or punitive damages arising out of or relating in any way to the software or hardware device. the foregoing applies even if Zeeis or any supplier, affiliate or agent has been advised of the possibility of such losses or damages; and even in the event of fault, tort (including negligence), strict or product liability, misrepresentation or other reason.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusions many not apply to You.
Exclusions From Coverage
This Limited Warranty shall not apply and Zeeis has no liability under this Limited Warranty if the SOFTWARE or Hardware Device:
- is used for commercial purposes (including rental or lease) or purposes beyond the scope of the SOFTWARE license;
- is modified or tampered with;
- is damaged by Acts of God, power surge, misuse, abuse, negligence, accident, wear and tear, mishandling, misapplication, or other causes unrelated to defects in the Hardware Device or the SOFTWARE;
- is damaged by programs, data, viruses, or files, or during shipments or transmissions;
- is not used in accordance with the accompanying documentation and use instructions; or
- is repaired, modified or altered by other than a Zeeis authorized repair center and the unauthorized center causes or contributes to any defect or damage.
This Limited Warranty does not include any warranty regarding legal rights or abilities, such as any warranty regarding title, quiet enjoyment or lack of infringement.
To the extent allowed by applicable law, the Limited Warranty is only made to You, the first licensed user of the SOFTWARE or purchaser of the Hardware Device, and there are no third party beneficiaries of the Limited Warranty. Except as required by law, this Limited Warranty is not intended for and does not apply to anyone else, including anyone to whom You make any transfer as authorized in the Agreement.
Zeeis is the warrantor under this Limited Warranty. To receive instructions for obtaining performance of this Limited Warranty You must contact Zeeis.
You must also:
- Submit proof of payment in the form of a bona fide, dated receipt, or invoice (or a copy) evidencing that You are the beneficiary of this Limited Warranty and that Your request for a remedy is made within the Warranty Period;
- Follow Zeeis’s shipping and other instructions if it determines that all or part of Your Hardware Device or SOFTWARE requires return. To obtain the Limited Warranty performance, You must take or deliver the item in either its original packaging or packaging that provides an equal degree of protection to the location specified by Zeeis. Except as otherwise required by legislation in Your jurisdiction, costs associated with transport (including packaging) for warranty service shall be at Your expense.
- Delete or remove any files or data You consider private or confidential prior to sending the item to Zeeis.
Failure to follow the above instructions may result in delays, cause You to incur additional charges, or may void Your warranty.
This Limited Warranty gives You specific legal rights and You may also have other rights which vary from jurisdiction to jurisdiction. Where any term of this Limited Warranty is prohibited by such laws, it shall be null and void, but the remainder of the Limited Warranty shall remain in full force and effect if its allocation of risks is not materially disturbed.