Limited Warranty.

SURFEASY WARRANTS THAT THE SURFEASY USB KEY (THE “HARDWARE”) AND THE SURFEASY PROVIDED SOFTWARE CONTAINED THEREON (THE “SOFTWARE” AND TOGETHER WITH THE HARDWARE, THE “PRODUCT”) WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THEIR PUBLISHED SPECIFICATIONS FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF PURCHASE.

SURFEASY’S AND ITS DIRECTORS’, OFFICERS’, EMPLOYEES’, AGENTS’, SUPPLIERS’, DISTRIBUTORS’ AND OTHER REPRESENTATIVES’ ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, FOR ANY BREACH OF THIS LIMITED WARRANTY SHALL BE‚ AT SURFEASY’S OPTION (A) RETURN OF THE AMOUNT PAID (IF ANY) FOR YOUR INITIAL PURCHASE OF THE PRODUCT‚ IN WHICH CASE YOUR LICENSE SHALL BE TERMINATED‚ OR (B) REPAIR OR REPLACEMENT OF THE PRODUCT. YOU WILL RECEIVE THE REMEDY ELECTED BY SURFEASY WITHOUT CHARGE. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE HARDWARE OR SOFTWARE HAS RESULTED FROM ACCIDENT‚ ABUSE‚ MISAPPLICATION‚ ABNORMAL USE‚ A VIRUS‚ OR VIOLATION OF ANY SERVICE TERMS OF USE. ANY REPLACEMENT HARDWARE OR SOFTWARE WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS‚ WHICHEVER IS LONGER‚ AND SURFEASY WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE YOUR REMEDY WITHIN A COMMERCIALLY REASONABLE TIME OF YOUR COMPLIANCE WITH SURFEASY’S WARRANTY REMEDY PROCEDURES.

EXCEPT AS SET FORTH ABOVE, THE HARDWARE AND SOFTWARE PROVIDED BY SURFEASY ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

EXCEPT FOR THE LIMITED WARRANTY ABOVE, IN NO EVENT SHALL SURFEASY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES, INCLUDING ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, SUFFERED IN ANY CONNECTION WITH YOUR USE OF THE HARDWARE OR SOFTWARE HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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