Warranties
Software Warranty Statement
Salient Systems, Corp. (“Salient”) warrants to the Customer that commencing from the date of delivery to the Customer (but in the case of resale by an authorized Salient reseller commencing not more than ninety (90) days after the original shipment by Salient) and continuing for a period of ninety (90) days: (i) the media and license key dongle on which the Salient Software is furnished to be free of defects and workmanship under normal usage and service and (ii) the software portion of the product (“Software”) will substantially conform to Salient’s then current functional specifications for the Software, as set forth in the applicable documentation, provided that the Software is properly installed on approved hardware and operated as contemplated in its documentation
This limited warranty covers only the original Licensee of the Software. Salient’s and its supplier’s sole obligation and Customer’s sole remedy for any failure of the Software is limited to the repair or replacement of the Software at Salient’s discretion. Salient’s and its supplier’s liabilities is limited to the amount paid for the Software. Salient and its suppliers shall not be liable for indirect, special, consequential or liquidated damages or penalties, including claims for lost revenues, profits or business opportunities, even if Salient had or should have had any knowledge, actual or constructive, of the possibility of such damages.
Salient does not warrant that the Software is error free or that Customer will be able to use the Software without problems or interruptions. Salient does not warrant that the Software and any Equipment on which the Software is used will be free from vulnerability to attack on the network, including viruses and other techniques for attacking networks.
This warranty shall be void if Customer fails to use or maintain the Software in accordance with Salient’s specifications or instructions, or if the Software or any part thereof has been subject to any unauthorized modifications, improper operation, user negligence, service by unauthorized person, company or association, use with any unauthorized attachment, device or feature, accident neglect, misuse, tampering, acts of God, or any event other than ordinary use.
Export Law Regulations
You agree that you will not export, either directly or indirectly, any Salient Product, material or data provided in the course of receiving Extended Limited Software Warranty services without first obtaining any required license or other approval from the U.S. Department of Commerce or any other agency or department of the United States Government. In the event that You export any Salient Product from the United States, or re-export it from a foreign destination. You agree to ensure that the distribution and export/re-export or import of the Salient Product is in compliance with all laws, regulation, orders, or other restrictions of the U.S. Export Administration Regulations and the appropriate foreign government. You agree that neither You nor any of Your subsidiaries will export/re-export any Salient Product, Material or data provided in the course of receiving Extended Limited Software Warranty, directly or indirectly, to any country for which the United Stated Government or any agency thereof or the foreign government from where it is shipping requires an export license, or other governmental approval, without first obtaining such license or approval.
DISCLAIMER OF WARRANTIES: THE WARRANTY STATED ABOVE IS THE ONLY WARRANTY APPLICABLE TO THIS PRODUCT. ALL OTHER WARRANTIES EXPRESS OR IMPLIED (INCLUDING ALL IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR APARTICULAR PURPOSE), ARE HERE BY DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVISE GIVEN BY SALIENT, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
Hardware Warranty Statement
Salient Systems Corporation (“Salient”) hereinafter referred to as “Company” warrants this Video Management System, hereinafter referred to as the “Product”, excluding items such as software, installation media, and related documentation, will be free from defects in material/workmanship for the period of time and the warranty level purchased, beginning from the date of invoice. Any terms printed on the invoice supersede terms in this document.
WHO IS COVERED:
This product warranty is issued to the original purchaser or the person receiving the product as a gift against defects in materials and workmanship as based on the date of the original invoice (“Warranty Period”) from an authorized reseller. The original sales receipt showing the product name and the invoice date from an authorized reseller is considered such proof. This warranty is not transferable. Title to products passes from Salient to you upon shipment.
WHAT IS COVERED:
This warranty covers new products if a defect in material or workmanship occurs and a valid claim is received within the Warranty Period. At its option the company will either (1) repair the product at no charge, using new or refurbished replacement parts, or (2) exchange the product with a new or refurbished product at Salient’s option.
The system warranty period is not extended as a result of purchasing any additional products from us or upgrading your computer system. Newly purchased components may have longer warrantees individually. Replacement parts are warranted for the remainder of the original warranty or thirty days, whichever is longer.
The customer is allowed to open and examine the computer system without voiding the warranty on the system in its original configuration. Salient does not warrant customer installed items under the system warranty. If the installed items were purchased from Salient, they may be warranted individually. This warranty does not cover labor or materials needed to diagnose, repair or configure any item that was not part of the original system purchase.
WHO TO CONTACT:
For assistance on any warranty related item, please call the general phone line at 512-617-4800.
WHAT IS NOT COVERED:
- Damage during shipment other than original shipment to purchaser;
- Damage caused by impact with other objects, dropping, falls, spilled liquids, or immersion in liquids;
- Damage caused by a disaster such as fire, flood, wind, earthquake, or lightning;
- Defects caused by failure to provide a suitable installation environment for the hardware system;
- Damage from improper maintenance;
- Damage caused by any other abuse, misuse, mishandling, or misapplication;
- Damage caused by any Customer installed components, peripherals or other hardware not listed on the original invoice.
Salient’s liability for failure to repair the hardware system to conform to the warranty after a reasonable number of attempts will be limited to a replacement of the hardware system or, at Salient’s option, a refund not to exceed the current purchase price of the Product. These remedies are the Purchaser’s exclusive remedies for breach of warranty.
Under no circumstances shall Salient be liable for any special, incidental, or consequential damages based upon breach of warranty, breach of contract, negligence, strict liability, or any other legal theory. Such damages include, but are not limited to, loss of profits, loss of revenue, loss of the use of the hardware system or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, down time, purchaser’s time, claims of third parties, and injury to property.
DISCLAIMER OF WARRANTIES: THE WARRANTY STATED ABOVE IS THE ONLY WARRANTY APPLICABLE TO THIS PRODUCT. ALL OTHER WARRANTIES EXPRESS OR IMPLIED (INCLUDING ALL IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR APARTICULAR PURPOSE), ARE HERE BY DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVISE GIVEN BY SALIENT, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
