www.dialogic.com
Dialogic Corporation End User Warranty Statement
Unless your rights have been modified through the direct agreement between
Dialogic Corporation ("DIALOGIC") and DIALOGIC's direct customer through
whom you purchased your DIALOGIC Product your warranty rights are set out in
full as follows:
Warranty for Software Products: The only warranty DIALOGIC makes is that the
medium on which the program is recorded will be replaced without charge if
DIALOGIC, acting reasonably, determines that it was defective in materials or
workmanship and if returned to your authorized DIALOGIC supplier with a copy
of your receipt within ninety (90) days from the date you received it. DIALOGIC
offers no warranty for the installation of the program even if it has provided
assistance to you in making such installation. This Limited Warranty is void if
failure of the program has resulted from accident, misuse, abuse, or
misapplication. DIALOGIC'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY
SHALL BE, AT DIALOGIC'S OPTION, EITHER (A) RETURN OF THE PRICE PAID OR
(B) REPAIR OR REPLACEMENT OF THE PROGRAM THAT DOES NOT MEET THIS
WARRANTY. ANY REPLACEMENT PROGRAM WILL BE WARRANTED FOR THE
REMAINDER OF THE ORIGINAL WARRANTY PERIOD.
Warranty for Hardware Products: DIALOGIC warrants that its hardware products
will be free from defects in material and workmanship. The warranty will be for
five years from the date of original purchase from your supplier, except as relates
to ADSL or Shiva products where the warranty will be for one year from the date
of original purchase from your supplier. This warranty is void if the defect has
resulted from accident, misuse, abuse or misapplication. To obtain warranty
service for any hardware product which becomes defective during the warranty
period you must return the defective product within thirty (30) days after
discovery of the defect, freight-prepaid and insured, to the authorized DIALOGIC
supplier from which you purchased the DIALOGIC product. You must include
product identification information, including model number and serial number (if
applicable) with a detailed description of the problem you are experiencing. You
must also include proof of the date of original purchase as evidence that the
product is within the applicable warranty period. Any product found to be
defective by DIALOGIC will be repaired or replaced at DIALOGIC's option.
No Other Warranties: DIALOGIC DISCLAIMS ALL OTHER WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY
WARRANTY AGAINST LATENT DEFECTS, WITH RESPECT TO ANY DIALOGIC
PRODUCT.
No Liability for Damages: IN NO EVENT SHALL DIALOGIC OR ITS SUPPLIERS BE
LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF ACTIVITIES, LOSS OF
INFORMATION OR OTHER PECUNIARY LOSS AND DIRECT OR INDIRECT,
CONSEQUENTIAL, INCIDENTAL, ECONOMIC, OR PUNITIVE DAMAGES) ARISING
OUT OF THE USE OF OR INABILITY TO USE ANY DIALOGIC PRODUCT OR DUE
TO THE FAULT OR NEGLIGENCE OF DIALOGIC OR THOSE FOR WHICH IT IS
RESPONSIBLE AT LAW, EVEN IF DIALOGIC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. (NOTE: SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES
AND ACCORDINGLY THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.)
