APRIVA provides the original purchaser (“Purchaser”)
of the product with the following non-transferable License and Limited
Warranty:
License
The firmware (software embedded in and provided with the product)
is licensed to Purchaser, not sold. Purchaser is granted a non-transferable,
non-exclusive license to use the firmware solely in connection with
Purchaser’s use of the Product. Purchaser understands and agrees
that it is not permitted to distribute the firmware in any form, or
to use the firmware except as it is embedded in the non-volatile memory
component(s) of the Product. Purchaser agrees that it shall not allow
any third party to attempt to reverse engineer, de-compile, or disassemble
the firmware for any reason.
Limited Warranty
APRIVA warrants to Purchaser that the Product will be free from material
defects in workmanship and materials for a period of one (1) year
from the date the Product was first purchased (“Warranty Period”).
During the Warranty Period and upon proof of purchase of the Product
by Purchaser, APRIVA, at its option, will either repair or replace
the Product without charge for either parts or labor. If the Product
is repaired or replaced during the Warranty Period, the Warranty Period
will still expire one (1) year from the date of original purchase
of the Product.
This Limited Warranty does not apply to normal wear and tear, and
does not cover repair or replacement of any Product damaged by misuse,
accident, abuse, neglect, misapplication, physical damage to the Product,
or defects due to repairs or modifications made by anyone other than
APRIVA or APRIVA’s authorized service representative. This Limited
Warranty does not apply to any peripheral equipment or items other
than the Product itself, nor does it apply when the malfunction results
from the use of this Product in conjunction with accessories other
than Research in Motion or other approved ancillary or peripheral
equipment. Finally, APRIVA will have no obligations hereunder where
it is determined by APRIVA that there is no defect in the Product
itself.
To obtain warranty service, Purchaser must return the Product to APRIVA
at the address below, transportation & insurance pre-paid.
APRIVA 6900 East Camelback Rd Ste 700, Scottsdale, Arizona 85251
Exclusive Remedy; Disclaimer:
REPAIR OR REPLACEMENT OF THE PRODUCT AS PROVIDED UNDER THIS LIMITED
WARRANTY IS THE SOLE AND EXCLUSIVE REMEDY PROVIDED TO PURCHASER. THIS
LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, STATUTORY, EXPRESSED
OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR USE OF PURPOSE, AND/OR TITLE/NON-INFRINGEMENT.
RESEARCH IN MOTION CORPORATION AND APRIVA’S OTHER LICENSORS
AND VENDORS DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS
IN RELATION TO APRIVA’S PRODUCT, INCLUDING WITHOUT LIMITATION
ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. APRIVA AND ITS LICENSORS, DISTRIBUTORS, AGENTS,
AND VENDORS SHALL IN NO EVENT BE LIABLE TO PURCHASER FOR ANY DAMAGES
PURCHASER SUFFERS OR INCURS INCLUDING, BUT NOT LIMITED TO, GENERAL,
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL
DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION OR ANY OTHER DAMAGE ARISING FROM OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT. IN NO EVENT
SHALL LIABILITY OF APRIVA AND ITS LICENSORS, DISTRIBUTORS, AGENTS,
AND VENDORS TO PURCHASER EXCEED THE PURCHASE PRICE OF THE PRODUCT,
THE COST OF REPAIRS, OR THE COST OF PLACING THE PRODUCT, WHICHEVER
IS LESSER. PURCHASER HEREBY WAIVES AND FOREVER RELEASES ANY CLAIMS
IT MAY NOW OR IN THE FUTURE HAVE AGAINST APRIVA’S LICENSORS,
DISTRIBUTORS, AGENTS, AND VENDORS RELATING IN ANY WAY TO THE PRODUCTS.
ALL SUCH ENTITIES SHALL HAVE NO LIABILITY OR OBLIGATION WHATSOEVER
TO PURCHASER IN CONNECTION WITH THE PRODUCTS.
This limited warranty gives Purchaser specific legal rights. However,
some states may not allow the exclusive of limitation or incidental
or consequential damages nor allow limitations on how long an implied
warranty lasts, not allow provisions that permit the warranty to be
voided. Thus, the above limitations or exclusions may not apply to
Purchaser.
Choice of Law and Venue: This Limited Warranty is to be construed
under the laws of the State of Arizona, without giving effect to the
conflict of law principles thereof. The United Nations Convention
on the International Sales of Goods do not apply to this Limited Warranty.
The parties agree that all actions or proceedings arising in connection
with this Agreement shall be tried and litigated exclusively in the
state or federal (if permitted by law and a party elects to file an
action in federal court) courts located in Phoenix, Arizona. This
choice of venue is intended by the parties to be mandatory and not
permissive in nature, and to preclude the possibility of litigation
between the parties with respect to, or arising out of, this Agreement
in any jurisdiction other than that specified in this Section.
Entire Agreement:
This agreement contains the entire agreement between the parties with
respect to the subject matter of this agreement, and it supersedes
all other prior and contemporary agreements, understandings, and commitments
between the parties with respect to the subject matter of this agreement.
