Limited Warranties and Warranty Service
The DigitalPersona® system (the "SYSTEM") you acquired may include: the U.are.U® Fingerprint Reader, (the "READER"); and DigitalPersona software, the software embedded in the READER and their associated media, printed material and "online" or electronic documentation (the "SOFTWARE PRODUCT"). The SOFTWARE PRODUCT is licensed, not sold, as set forth in the Installation Software screen "License Agreement".
LIMITED WARRANTY; LIMITATION OF REMEDIES
The warranties provided by DigitalPersona, Inc. (“DigitalPersona”) in this statement of limited warranty apply only to SYSTEMS you originally purchased from DigitalPersona or an authorized reseller for your personal or business use, and not for resale.
DigitalPersona warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the applicable documentation and that its media will be free from defects in material and workmanship for a period of ninety (90) days from the date of original purchase. DigitalPersona does not warrant that use of the SOFTWARE PRODUCT will be uninterrupted or error-free. DigitalPersona warrants that the READER will be free from defects in materials and workmanship for a period of one (1) year from the original date of purchase.
If you discover an error or defect covered under this limited warranty, DigitalPersona’s sole obligation, and your exclusive remedy, shall be, at DigitalPersona’s option, either (a) to return the price paid, if any; or (b) to replace the SOFTWARE PRODUCT or the READER using new or remanufactured components. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Any replacement of the READER will be warranted for the remainder of the original warranty period.
Warranty Service. To obtain your remedy under this warranty you must deliver the defective product and the original sales receipt to the place of purchase. For purchases made directly from DigitalPersona, you must first contact DigitalPersona Customer Service and obtain a Return Merchandise Authorization (RMA) number before returning the product to DigitalPersona. You must pre-pay shipping charges to return the product to DigitalPersona and insure the shipment or accept the risk of loss or damage during shipment. DigitalPersona shall not be responsible for any returned product that is not packaged properly or is returned without a valid and visible RMA number.
Product Failures Not Covered By This Warranty. The READERS are designed and warranted for use as access control devices in an office environment and are capable of optimum performance when properly maintained. Industrial, heavy-duty use, or use in extreme environmental conditions will void this warranty. This warranty covers defects in manufacturing that arise during normal use and proper care. It does not cover damage caused by any misuse, improper maintenance, including physical abuse to the SOFTWARE PRODUCT or to the READER (for example, but not limited to, cuts or scratches to the READER window), or use of corrosive, abrasive, or improper cleaning materials, or any misapplication, improper modifications or repair, activity intended to circumvent the security devices incorporated into the READER or SOFTWARE PRODUCT, criminal activity, moisture, shipping, or high voltage surges from external sources such as power lines or other connected equipment. This warranty also does not apply to any product with an altered or defaced serial number. Opening the READER automatically voids this warranty.
Disclaimer of Warranties. EXCEPT FOR THE FOREGOING LIMITED WARRANTIES, DIGITALPERSONA MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SPECIFICALLY DISCLAIMS THE WARRANTIES OF QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH REGARDS TO THE SYSTEM AS WELL AS ANY PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW SUCH EXCLUSIONS OR LIMITATIONS, SO THEY MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
General Provisions
Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGITALPERSONA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, BREACH OF COMPUTER SECURITY SYSTEMS OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SYSTEM EVEN IF DIGITALPERSONA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF ACCURACY AND SATISFACTORY PERFORMANCE OF THE SYSTEM IS WITH YOU. DIGITALPERSONA DOES NOT GUARANTEE THAT THE SYSTEM WILL MEET ALL YOUR REQUIREMENTS OR ALL REQUIREMENTS OF THE SOFTWARE OR HARDWARE WITH WHICH IT INTERACTS. IN NO EVENT WILL DIGITALPERSONA’S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE PURCHASE PRICE OF THE SYSTEM PAID BY YOU. Some jurisdictions do not allow these exclusions or limitations, so such exclusions or limitations may not apply to you. The above limitations will not apply in case of personal injury in countries other than U.S.A. and Canada only if and to the extent that such limitations are expressly prohibited by applicable law.
Hazardous Use. The SYSTEM is not designed, made, or intended for use in an application where failure, malfunction or inaccuracy of the SYSTEM may cause death, serious bodily injury, including, without limitation, medical equipment, nuclear facilities, aircraft operation, air traffic control, life support. Any such use is prohibited without the prior written consent of DigitalPersona. You agree that neither DigitalPersona nor its suppliers, distributors or resellers will be liable, in whole or in part, for any claims, losses, costs or damages arising out of or in connection with the use and performance of the SYSTEM in such applications. If you use the SYSTEM for such applications without DigitalPersona’s consent, you agree to indemnify, defend and hold DigitalPersona harmless from all claims, actions, losses, liabilities, damages, costs and expenses (including attorney fees) arising out of or relating to such prohibited uses.
Reverse Engineering. You may not reverse engineer, decompile, or disassemble the SYSTEM in whole or in part; nor shall you attempt to recreate the source code from the object code of the SOFTWARE PRODUCT. Any other activity regarding the form or substance of the SYSTEM will be allowed only to the extent such activity is expressly permitted by applicable law.
Export Controls. You agree that you will not directly or indirectly export the SYSTEM and related technical data in violation of Export Administration regulations of the U.S. Department of Commerce and other applicable laws. You further agree that you will not export, re-export, divert or transfer the SYSTEM (a) into, or to a national or resident of any country to which the United States has embargoed goods, (b) or to anyone included in the U.S. government List of Specially Designated Nationals, the Table of Denial Orders, the Entity List, (c) or to anyone involved in the manufacturing and proliferation of weapons in violation of U.S. applicable laws. By using the SYSTEM you are representing and warranting that you are not located in, or under the control of, or a national resident of any such country or on any such lists, or involved in any such activity.
U.S. Government Rights. If you are an agency or instrumentality of the United States Government, the software and documentation included in the SOFTWARE PRODUCT are "commercial computer software" and "commercial computer software documentation", and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of the software and documentation are governed by the terms of the End User License Agreement.
Regulatory Information
Any changes or modifications not expressly approved by DigitalPersona could void your authority to operate this equipment. The U.are.U Fingerprint Reader has been tested and found to comply with the limits for a Class B digital device under Part 15 of the Federal Communications Commission (FCC) rules, and it is subject to the following conditions: a) It may not cause harmful interference, and b) It must accept any interference received, including interference that may cause undesired operation.
This device conforms to emission product standards EN55022(B) and EN50082-1 of the European Economic Community and AS/NZS 3548 Class B of Australia and New Zealand. This digital apparatus does not exceed the Class B limits for radio noise emission from digital apparatus as set out in the radio interference regulations of the Canadian Department of Communications.
Le présent appareil numérique n'émet pas de bruits radioélectriques dépassant les limites applicables aux appareils numériques de Classe B prescrites dans le réglement sur le brouillage radioélectrique édicté; par le Ministére des Communications du Canada.
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