MagStor Warranty Coverage
Limited Product Warranty: During the Warranty Period, Supplier warrants to Purchaser that the Product will materially conform to Supplier's Specification for such Product. Limited Software Warranty is separate and detailed below.
Remedy: Supplier's sole and exclusive liability, and Purchaser’s sole and exclusive remedy, shall be to have Supplier, at its option, either repair or replace confirmed defective Products during the Warranty Period. A replacement or repaired Product will remain under warranty for the remainder of the original Warranty Period or thirty (30) days after delivery, whichever is longer.
Limited Software Warranty: Supplier warrants that Supplier’s Software incorporated in the Product will, at the time of delivery to Purchaser, materially conform to Supplier’s Specifications for such Software.
Remedy: Supplier's sole and exclusive liability, and Purchaser’s sole and exclusive remedy, shall be for Supplier to use good faith efforts to correct any errors that render the Software nonconforming (within the Warranty Period) with a priority commensurate with the severity of such errors, as determined by Supplier, which may include a patch, workaround or maintenance update for the Software. Any such patch, workaround or maintenance update shall be installed by Purchaser unless otherwise requested by Supplier.
Limitations: Notwithstanding anything to the contrary, the warranties set forth above do not apply to any Product (or Software in any Product) which has been (i) altered by anyone other than Supplier, or (ii) used in conjunction with any other product or software if such use results in the defect, or (iii) damaged by improper environment, abuse, misuse, accident or negligence. Supplier may require Software to be updated to the latest version as a condition to providing any warranty services under this Agreement. Supplier does not warrant that the Software or Products will meet all of Purchaser’s requirements or that the use of the Software or Products will be uninterrupted or error free.
THE FOREGOING WARRANTIES AND LIMITATIONS ARE EXCLUSIVE REMEDIES AND ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.