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STEC Inc., ("STEC") warrants to the buyer ("Buyer") of an STEC product (the "Product") as follows: when properly used and installed, the product will be free from substantial defects in material and workmanship, and will substantially conform to STEC's specifications for the Warranty Period indicated below. The Limited Warranty commences on the date the Product is purchased from STEC.
STEC's Warranty Period by Product:
• 5-Years for SLC ZeusIOPS SSD, SLC MACH16IOPS SSD, SLC MACH8IOPS SSD, and SLC ZeusRAM SSD
• 3-Years for MLC ZeusIOPS, MLC MACH16IOPS SSD, MLC ZeusRAM SSD, MACH8 SSD, MACH4 SSD, MACH4 CF, and CompactFlash
• 3-Years for all DRAM Products (Including DDR3, DDR2, DDR, SDRAM, EDO/FPM)
• 2-Years for USB Products, SLC CFast™ SSD, and SLC Slim SATA SSD
• 2-Years for all other products not listed above
• 1-Year for Ultra Mobile SSD, MLC CFast™ SSD, and MLC Slim SATA SSD
Subject to the preceding limitation, if the Product, which is the subject of this Limited Warranty, fails to conform to the above warranty during the warranty period, STEC, at its option and sole discretion, will:
• REPAIR the Product; OR
• REPLACE the Product with another product (where the replacement product is an equivalent product at the time a claim for warranty service is made to STEC under this Limited Warranty); OR
• CREDIT the then-current value of the Product (at the time a claim for warranty service is made to STEC under this Limited Warranty) towards future purchases from STEC.
The Limited Warranty will extend to Product which is repaired or replaced for the balance of the applicable period of the original warranty or thirty (30) days from the date of return shipment from STEC of a repaired or replacement Product, whichever period is longer.
THIS LIMITED WARRANTY, AND ANY IMPLIED WARRANTIES THAT MAY EXIST UNDER APPLICABLE STATE, NATIONAL, PROVINCIAL OR LOCAL LAW, APPLY ONLY TO THE ORIGINAL BUYER OF THE PRODUCT.
STEC does not warrant that the Product will be free from non-substantial design defects or errors. Further, this Limited Warranty does NOT cover:
1) any costs associated with the repair or replacement of the Product including labor, installation or other costs incurred by the Buyer, and in particular, any costs relating to the removal or replacement of any Product that is affixed to another device; OR
2) damage to the Product due to external causes, including accident, problems with electrical power, abnormal electrical, mechanical or environmental conditions, usage not in accordance with product instructions, misuse, neglect, alteration, repair, improper installation, or improper testing; OR
3) any Product which has been modified or operated outside of STEC's specifications or where the original identification markings (trademark or serial number) have been removed, altered or obliterated from the Product.
THIS LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES FOR THE PRODUCT AND STEC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COURSE OF DEALING AND USAGE OF TRADE. Some jurisdictions do not allow the exclusion of implied warranties so this limitation may not apply to Buyers in those jurisdictions. ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to Buyers in those jurisdictions.
STEC'S RESPONSIBILITY UNDER THIS OR ANY OTHER WARRANTY, IMPLIED OR EXPRESS, IS LIMITED TO REPAIR, REPLACEMENT, REFUND, OR CREDIT, AS SET FORTH ABOVE. THESE REMEDIES ARE THE SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY. THIS LIMITED WARRANTY GIVES THE BUYER SPECIFIC LEGAL RIGHTS, AND THE BUYER MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE OR JURISDICTION
STEC SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY, AND ANY COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH A SYSTEM CONTAINING THE PRODUCT) ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE, USE OR PERFORMANCE OF THE PRODUCT OR THE BREACH OF WARRANTY EVEN IF STEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS TO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO PURCHASERS IN THOSE JURISDICTIONS. ANY ACTION TO ENFORCE THE TERMS OF THIS LIMITED WARRANTY SHALL BE FILED AND LITIGATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, USA. THE TERMS OF THIS LIMITED WARRANTY SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.
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