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Secure Gateway Warranty Warranty Important: WARRANTY TERMS MAY BE DIFFERENT WITH THE COUNTRY OF PURCHASE; CONTACT YOUR AUTHORIZED CONTROL4 SALES AND SERVICE OFFICE FOR DETAILED PRODUCT WARRANTY INFORMATION. Limited Hardware Warranty Control4 Corporation ("Control4") warrants its Secure Gateway product to be free from defects in material and workmanship during the warranty period. If the Secure Gateway proves to be defective in material or workmanship during the warranty period, Control4 will, at its sole option, repair or replace the product with a like product. The warranty extends only to products purchased directly from Control4 or an Authorized Control4 Dealer. How long the warranty is effective: Control4 Wireless Touch Screens are warranted for one (1) year from the date of purchase. What the warranty does not cover: Misuses; unauthorized modification; opening for any reason except to perform an official upgrade using proper tools/kit.Operation or storage outside the environmental specifications for the product. In-transit damage and improper maintenance. Physical damage to the unit resulting from use of improper software, accessories, media, supplies, consumables, or such items not designed for use with the product. Hardware Warranty Terms READ THESE WARRANTY TERMS CAREFULLY BEFORE INSTALLING OR USING THE CONTROL4 SYSTEM OR COMPONENTS, INCLUDING THE SECURE GATEWAY. YOUR INSTALLATION AND USE OF THE SYSTEM OR ANY OF ITS COMPONENTS, INCLUDING THE SECURE GATEWAY, INDICATES THAT YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS WARRANTY, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND. ONE-YEAR LIMITED WARRANTY 1. WARRANTY Control4 Corporation ("Control4") warrants that at the time of sale the Secure Gateway (the "product") will be free from defects in material and manufacture and will conform to Control4's specifications for the component. Control4 further warrants that for a period of 12 months after sale the product will function in accordance with its specification, PROVIDED THAT it is installed and maintained in accordance with Control4's instructions and is not subjected to (a) alteration or unauthorized repairs, (b) misuse or abuse, (c) Acts of God (including without limitation hurricanes, tornadoes, floods, earthquakes, or other severe weather or natural phenomena), or (d) improper storage or handling or other treatment or installations for which it was not intended. THIS WARRANTY EXTENDS ONLY TO PRODUCTS PURCHASED DIRECTLY FROM CONTROL4 OR AN AUTHORIZED CONTROL4 DEALER. 2. DISCLAIMER OF OTHER WARRANTIES The preceding warranties are the exclusive and sole warranties given by Control4. They supersede any prior, contrary or additional representations, whether oral or written. CONTROL4 HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES-WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, any implied warranties are limited in duration to the term of the express warranties provided above. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. 3. EXCLUSIVE REMEDY FOR ANY NONCONFORMITIES If during the applicable Warranty Period, the product does not conform to the preceding Warranties, the Owner shall notify the Authorized Control4 Dealer they purchased the product from or Control4 (if purchased directly from Control4) as provided below, and within a reasonable time Control4 will provide, at its option, one of the following: (1) a replacement product for any nonconforming or defective component (such replacement product may be new or refurbished to be comparable in function and performance to a new product) or (2) the price at which Control4 sold the nonconforming product. In the event of repair or replacement, there may be a loss of data in the memory of the product for which warranty service is sought. Control4 will not provide, and will not be liable for, labor, costs of removal or reinstallation of product, disposal, freight, taxes, or other incidental charges. THESE REMEDIES ARE THE EXCLUSIVE AND SOLE REMEDIES FOR ANY BREACH OF WARRANTY. For any breach of warranty, the Owner must notify Control4 in Section 7 below within thirty (30) days after discovering the nonconformity. The notice must describe the location and nature of the nonconformity. The owner must give Control4 a reasonable opportunity to investigate the claimed nonconformity before undertaking any repairs, removal or replacement. All products returned to Control4 require a Return Merchandise Authorization (RMA) number. The RMA number is obtained from Control4 Customer Support Department. The RMA number must be clearly marked on the outside of each box. The RMA is valid for a 30-day period. After the 30-day period, the RMA will be cancelled. Any shipments received not consistent with the RMA, or after the RMA is cancelled, will be refused. Control4 is not responsible for products returned without a valid RMA number. Compliance with the requirements of this paragraph is a condition to coverage under the Warranty: If these requirements are not complied with, Control4 will have no obligation to provide any remedy for any breach of warranty. Authorized Control4 Dealers may have differing return policies and procedures, please check with your individual dealer for additional information about return of products that are under Warranty. 4. DISCLAIMER OF INCIDENTAL AND CONSEQUENTIAL DAMAGES IN NO EVENT SHALL CONTROL4 BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT OR FROM CONTROL4'S OWN NEGLIGENCE. This exclusion applies even if the remedy provided by Control4 fails of its essential purpose. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. 5. APPLICABLE LAW This Warranty will be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Utah, U.S.A, without reference to its choice of law rules. The U.N. Convention on Contracts for the International Sale of Goods will not apply to this Warranty. 6. SEVERABILITY If any provision of this warranty is found to be invalid or unenforceable, then the remainder shall have full force and effect, and the invalid provision shall be partially enforced to the maximum extent permitted by law to effectuate the purpose of the agreement. 7. ADDRESS FOR NOTICES TO CONTROL4 Control4 Corporation Software Agreement The Control4 Wireless Touch Screen contains preinstalled software. Please read the following Control4 software license terms before proceeding to use the software: NOTE: Carefully read the following license terms and the warranty limitation statement before operating the equipment. The rights to the software are licensed, not sold. Control4 or its licensors continue to own all intellectual property rights to the software, and you will be granted certain rights to use the software upon your acceptance of this license. Rights in the software are offered only on the condition that you agree to all terms and conditions of this software license. Operating the equipment indicates your acceptance of these terms and conditions. If you do not agree to the terms and conditions of this software license, return the complete package for a full refund now. 1. TERMS THAT GOVERN SOFTWARE USE Your software license only permits you to use the software as designed on the device on which it comes preinstalled. Any contrary use shall void your license to use the software. You may not copy, distribute, reverse engineer, disassemble, or decompile the software. 2. WARRANTY LIMITATION, LIABILITY, AND REMEDY Important: This Control4 Software Warranty Limitation shall cover all software that is provided to you, the customer, as part of the Control4 product, including any operating system software. CONTROL4 HEREBY DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE In no event shall Control4 be liable for any direct, indirect, special, incidental, or consequential damages (including lost profit), whether based on warranty, contract, tort, or any other legal theory. In no case shall Control4's liability exceed the purchase price for the software and/or product. The limitations set forth above will apply regardless of whether you accept the software. |