ThinkCP™ Technologies Computer & Storage Systems Warranties & Remedies The standard warranty for all ThinkCP™ Technologies Computer and Storage systems is 1 Year, including parts and labor for all systems returned to depot. If a product is found to be defective within the first thirty (30) days after receipt of goods, the customer must contact ThinkCP™ Technologies for an RMA (Return Merchandise Authorization) number. During this interim period of acceptance, ThinkCP™ Technologies will pay shipping both directions. After the 30 day acceptance period, the customer will be responsible for shipping or delivery of the products to ThinkCP™, at customer’s expense and liability. Components used in the configuration of ThinkCP™ Technologies Systems may provide extended periods of warranty beyond this standard 1-year warranty. In the event of such component warranties, the customer may elect to have the respective component OEM repair and/or replace such components, subject to the conditions as set forth herein. ThinkCP™ Technologies is not a party to any such OEM agreements that may exist between the Buyer and respective OEM. Additional or upgraded warranties are offered by ThinkCP™ Technologies, including extended parts and labor periods and on-site repair services. If such warranties are purchased by the customer, said warranty shall not affect the standard warranties and remedies of our agreement as set forth below, unless otherwise expressly stated. ThinkCP™ Technologies - Standard Warranty & Remedies Warranties & Remedies. ThinkCP™ warrants that at the time of delivery the goods shipped under the agreement are in accordance with the applicable manufacturer’s specifications. The warranty delivered to THINKCP™ TECHNOLOGIES by the manufacturer’s or other vendor thereof shall be assigned to Buyer to the extent such assignment is permitted by the terms thereof. Notwithstanding the forgoing, no such warranty shall apply to any goods which have been altered or repaired except by THINKCP™ TECHNOLOGIES or the manufacturer, or which have been altered or repaired except by THINKCP™ TECHNOLOGIES or the manufacturer or which have been subjected to misuse, negligence or accident. Such warranties are expressly in lieu of any other and THINKCP™ TECHNOLOGIES makes no other warranty, express or implied, with respect to the goods and in particular THINKCP™ TECHNOLOGIES DISCLAIMS ANY WARRANTY WITH RESPECT TO THE MERCHANTABILITY OF SUCH GOODS OR THE FITNESS OF SUCH GOODS FOR BUYERS PURPOSE OR USE. THINKCP™ TECHNOLOGIES NEITHER ASSUMES NOR AUTHORIZES BUYER OR ANY OTHER PERSON TO ASSUME ON BEHALF OF THINKCP™ TECHNOLOGIES ANY OTHER LIABILITIES IN CONNECTION WITH THE SALE OF GOODS. THINKCP™ TECHNOLOGIES agrees, as ThinkCP™ shall elect, to credit the account of Buyer or replace without charge to Buyer all goods which at the time of delivery are not in accordance with their manufacturer’s specification only if Buyer returns such goods to THINKCP™ TECHNOLOGIES facilities within 10 days from the date of delivery in original package and in good condition without their serial numbers or any part thereof altered, defaced or removed accompanied by a specification in writing of the defects involved. Buyer shall notify THINKCP™ TECHNOLOGIES in each instance and obtain an RMA number when Buyer intends to return goods which Buyer believes are not in accordance with their manufacturer’s specifications, and THINKCP™ TECHNOLOGIES shall be entitled to examine such goods prior to their return. Final inspection and determination whether goods are in accordance with their manufacturer’s specification shall be made at THINKCP™ TECHNOLOGIES’ facility or may be based upon their manufacturers’ test report. THINKCP™ TECHNOLOGIES’ sole liability shall be provided herein which shall be the sole and exclusive remedy of Buyer; THINKCP™ TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY DAMAGES DUE TO DELAY IN DELIVERIES SERVICE USE OF EQUIPMENT OR OTHER PERFORMANCE AS SPECIFIED IN THIS AGREEMENT, THINKCP™ TECHNOLOGIES SHALL IN NO EVENT WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY LIABILITY IN TORT (WHETHER STRICT LIABILITY OR NEGLIGENCE) OR WITHOUT LIMITATION, OTHERWISE BE LIABLE FOR ANY ACCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION BUSINESS LOSSES, PERSONAL PROPERTY DAMGE, PERSONAL INJURY AND THIRD PARTY LIABILITIES ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED. The forgoing provisions shall not extend the original warranty period of any goods which have either been repaired or replaced by THINKCP™ TECHNOLOGIES or the manufacturer. Limited Warranty On Diskette(s)/Tape/Media And User/Installation Manuals. THINKCP™ TECHNOLOGIES warrants the diskette(s)/tape/media on which the software is recorded are reliable by a compatible hardware system and further warrants the User Installation Manuals provided to be a good printing quality/printable quality. For a period of 30 days after the original purchase, if you discover any defects in the readability of the diskettes/tape/media or User Installation Manual, you may return it to THINKCP™ TECHNOLOGIES for a free replacement which is your sole remedy in the event of such defect(s). LIMITATION ON WARRANTY AND LIABILITY, EXCEPT AS EXPRESSLY PROVIDED ABOVE FOR DISKETTES/TAPE/MEDIA AND USER INSTALLATION MANUAL(S): THINKCP™ TECHNOLOGIES, ITS PROGRAMMING LANUGUAGE SUPPLIEIRS AND OTHER VENDORS, DISTRIBUTORS AND DEALERS MAKE NO WARRANTIES WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE SOFTWARE, IT’S MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THE SOFTWARE IS LICENSED SOLELY ON AN “AS IS” BASIS, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE BUYER. SHOULD THE SOFTWARE PROVE DEFECTIVE, BUYER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION AND INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL THINKCP™ TECHNOLOGIES, ITS PROGRAMMING LANGUAGE SUPPLIERS, AND OTHER VENDORS, DISTRIBUTORS OR DEALERS BE LIABLE FOR ANY DAMAGES INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR DIRECT OR INDIRECT INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN THE SOFTWARE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. DISASSEMBLY OR DECOMPLILATION FO THE SOFTWARE IS PROHIBITED. Installation. Buyer shall be solely responsible for the installation and operation of the goods covered hereby, including without limitation the obtaining of permits, licenses or certifications required for the installation of such goods. Any deviation from these installation terms and conditions must be agreed to by both the Buyer and THINKCP™ TECHNOLOGIES and shall not affect the applicability of any other terms and conditions as set forth in these Standard Warranties And Remedies. Patents. THINKCP™ TECHNOLOGIES shall not bare liability of any kind with respect to any actual or alleged infringement of any United States or foreign patent, trademark or similar rights. Technical Data. Without THINKCP™ TECHNOLOGIE’S prior written consent, Buyer shall not use, duplicate or disclose any technical data delivered or disclosed by THINKCP™ TECHNOLOGIES to Buyer for any purpose other than for installation, operation or maintenance of goods purchased by Buyer. Integration. This instrument contains the entire agreement between the parties with respect to standard warranties and remedies and any representation, promise or condition not specifically incorporated herein in writing shall not be binding on either party. The information and conditions of these Standard Warranties And Remedies are controlling over Buyer and THINKCP™ TECHNOLOGIES. Any conflicting statements of terms listed on the Buyer’s purchase orders, invoice, confirmations or other Buyer generated documents are negated by submission of these Standard Warranties And Remedies and issuance of credit by THINKCP™ TECHNOLOGIES. Any modification of the terms hereof shall be effective only when embodied in a written agreement signed by the party to be charged. Any assignment of any rights hereunder by Buyer shall be voided without THINKCP™ TECHNOLOGIES’ written consent. Buyer’s Terms And Conditions. THINKCP™ TECHNOLOGIES desires to provide its customers with prompt and efficient service. Accordingly, goods furnished and services rendered by THINKCP™ TECHNOLOGIES are sold only on the terms and conditions as stated herein. Notwithstanding any terms or conditions on Buyers order, THINKCP™ TECHNOLOGIES’ performance of any contract is expressly made conditional on Buyer’s agreement to THINKCP™ TECHNOLOGIES’ Standard Warranty And Remedies, unless otherwise specifically agreed to in writing by THINKCP™ TECHNOLOGIES. In the absence of such agreement, commencement of performance and/or delivery shall be for Buyer’s convenience only and shall not be deemed or construed to be acceptance of Buyer’s terms and conditions or any of them. If a contract is not earlier formed by mutual agreement in writing, acceptance of any goods or services shall be deemed acceptance of the terms and conditions stated herein. General. This agreement and performance by the parties hereunder shall be construed in accordance with the laws of the State of California. All agreements, covenants, conditions and provisions contained herein shall apply and bind the assignees and successors in interest of Buyer. If any provision or portion of this agreement is held to be invalid, illegal, unconscionable or unenforceable, the other provisions and portions hereof shall not be affected. The several caption used herein are for the convenience of the parties only and shall not affect the construction or interpretation hereof. Jurisdiction. This agreement shall be deemed to have been entered in the Harbor Judicial District of the County of Orange, State of California. In the event of a dispute between the parties, all questions of validity, interpretation, or performance of any of its terms or any rights or obligations of the parties of this agreement shall be disputed, challenged and resolved only in the said Jurisdiction in California. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of California. Customer Support/Technical Support. Customer/Technical telephone/email/IM support is available to the Buyer, during the first year of warranty on THINKCP™ TECHNOLOGIES’ computer and storage systems. Customer/technical support is generally available on weekdays between the hours of 7:00 a.m. and 4:00 p.m. Pacific Standard Time (excluding legal holidays) by calling (800)726-2477 or by emailing Support@ThinkCP.com. If a technical or customer support specialist cannot immediately resolve the issue, we will take reasonable measures to resolve the issue within 2 business days. This service is provided as a convenience to the Buyer and no guarantee of performance or fitness is made by THINKCP™ TECHNOLOGIES. Return Merchandise Authorization (RMA): In the event that goods must be returned to THINKCP™ TECHNOLOGIES, buyer shall be responsible to obtain an RMA number prior to shipment of goods. Goods must be shipped in their original package, the RMA number must be clearly displayed on the shipping label. Goods shipped without an RMA number, freight collect or C.O.D., will be refused at ThinkCP™ Technologies’ sole discretion. All RMA numbers will be valid for a period of 10 days from date of issue by THINKCP™ TECHNOLOGIES. Most parts are returnable at the sole discretion of THINKCP™ TECHNOLOGIES within 15 days of invoice date, with a 15% restocking fee for all non-defective parts. THINKCP™ TECHNOLOGIES retains the right to accept or deny parts being returned for credit based entirely on the sole discretion of THINKCP™ TECHNOLOGIES. Extended Support & Warranty Agreements. As a convenience to Buyer, ThinkCP™ Technologies offers additional warranties that extend the type and/or length of service on ThinkCP™ Technologies computer and storage systems. Any such agreement(s) shall represent an amendment to these Warranties And Remedies only if agreed to in writing by both the Buyer and THINKCP™ TECHNOLOGIES, but shall not supercede all or any other relevant terms and conditions of this agreement unless stated expressly in such amendment(s). For additional information, options and pricing about our ThinkCP™ products, please contact our sales representatives - (800)726-2477 or email - SalesDesk AT ThinkCP.com Copyright © 1997 - 2010 H. Co. Computer Products. All Rights Reserved. ThinkCP™ and H. Co. Computer Products™ are trademarks or registered trademarks of H. Co. Computer Products, Inc. For additional information regarding our trademarks, please visit Trademark Info at http://www.ThinkCP.com. This list is not intended to be an all-inclusive or comprehensive list of all H. Co. Computer Products trademarks and/or intellectual properties. Other product names used herein are for identification purposes only and may be the respective property or trademarks of other companies.