D-Link DI-804 Product Manual - Page 54

defective Hardware will be refunded by D-Link upon return to D-Link of the defective Hardware. All Hardware (or part thereof) that is replaced by D-Link, or for which the purchase price is refunded, shall become the property of D-Link upon replacement or refund. Limited Software Warranty: D-Link warrants that the software portion of the product ("Software") will substantially conform to D-Link's then current functional specifications for the Software, as set forth in the applicable documentation, from the date of original delivery of the Software for a period of ninety (90) days ("Warranty Period"), if the Software is properly installed on approved hardware and operated as contemplated in its documentation. D-Link further warrants that, during the Warranty Period, the magnetic media on which D-Link delivers the Software will be free of physical defects. D-Link's sole obligation shall be to replace the non-conforming Software (or defective media) with software that substantially conforms to D-Link's functional specifications for the Software. Except as otherwise agreed by D-Link in writing, the replacement Software is provided only to the original licensee, and is subject to the terms and conditions of the license granted by D-Link for the Software. The Warranty Period shall extend for an additional ninety (90) days after any replacement Software is delivered. If a material nonconformance is incapable of correction, or if D-Link determines in its sole discretion that it is not practical to replace the non-conforming Software, the price paid by the original licensee for the non-conforming Software will be refunded by D-Link; provided that the non-conforming Software (and all copies thereof) is first returned to D-Link. The license granted respecting any Software for which a refund is given automatically terminates. 54