1) Sensel, Inc., of 321 Soquel Way, Sunnyvale, CA 94085 USA ("Sensel"), provides the following warranty ("Warranty"): Sensel warrants, exclusively in favor of the end-user purchaser and no other person or entity, that the Sensel-branded product ("Sensel Product") will be free from defects in materials and workmanship when used normally and in compliance with Sensel's published guidelines, for a period of one year from the date of original retail purchase by the purchaser ("Warranty Period"). This Warranty is not transferable. Your exclusive remedy and Sensel's sole obligation in the event of breach of or non-compliance with the Warranty is set forth in paragraph 4 below.
2) This Warranty does not apply to any non-Sensel branded hardware products or to any software, even if packaged, embedded or sold with Sensel hardware. Sensel does not warrant that the operation of the Sensel Product will be uninterrupted or error-free. Sensel is not responsible for damage arising from failure to follow instructions relating to the Sensel Product’s use.
3) This Warranty does not apply: (a) to consumable parts or components, including batteries or protective coatings that diminish over time; (b) to cosmetic damage or damage arising from ordinary wear-and-tear or normal aging, including but not limited to scratches, dents and damaged plastics; (c) to damage caused by use with a third party component or product; (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the Sensel Product outside Sensel’s published guidelines; (f) to damage caused by service performed by anyone who is not a representative of Sensel or a Sensel-authorized service provider ("ASP"); (g) to a Sensel Product that has been modified, including alterations to functionality or capability, without the written permission of Sensel; (h) if any serial number has been removed or defaced from the Sensel Product; or (i) if Sensel receives information from relevant public authorities that the product has been stolen or if you cannot prove in any way that you are the authorized user of the product (such as, for example, by presenting proof of purchase).
4) If during the Warranty Period you submit a claim to Sensel or an ASP in accordance with this Warranty, Sensel or its ASP will, at Sensel's or the ASP's option:
(a) repair the Sensel Product using new or previously used or refurbished parts,
(b) replace the Sensel Product with the same model formed from new and/or previously used or refurbished parts, or
(c) exchange the Sensel Product for a refund of your purchase price.
Sensel may request that you replace certain user-installable parts of Sensel Products. This Warranty will apply to a replacement part or a replacement Sensel Product, including a user-installable part that has been installed in accordance with instructions provided by Sensel, for the longer of the remaining term of the Warranty or ninety days from the date of replacement or repair. When a Sensel Product or part is replaced or a refund provided, any replacement item is your property, and the replaced or refunded item is Sensel's property.
5) Except as set forth in this Warranty, the Sensel Product is sold "as is" and with all faults. To the fullest extent permitted by law, this Warranty and the remedies established by this Warranty are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. Sensel Products are not designed, intended or authorized for use as a component in life support, medical or safety devices, or in the use, design, construction, operation or maintenance of any nuclear facility or aviation equipment. Except for this Warranty set out above, to the fullest extent permitted by law, SENSEL DISCLAIMS ALL STATUTORY, EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF DESIGN OR CORRESPONDENCE TO DESCRIPTION, AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. To the extent such warranties cannot be disclaimed, Sensel limits the duration and remedies of such warranties to the duration and remedies of this Warranty. Some jurisdictions do not allow limitations on the duration of implied warranties, so the limitation described above may not apply to you.
6) Opening the Sensel Product casing may cause damage that is not covered by this Warranty. Only Sensel or an ASP should perform service on this Sensel Product.
7) For information on obtaining Warranty service please email us at firstname.lastname@example.org . During Warranty service, the contents of the Sensel Product storage media (including user settings) may be deleted and reformatted. Sensel and its agents are not responsible for any loss of software programs, data or other information contained on the storage media or any other part of the Sensel Product serviced. Following Warranty service, your repaired device, or a replacement device, as applicable, will be returned to you as the Sensel Product was configured when originally purchased, subject to applicable updates. Sensel may install system software updates as part of Warranty service, including updates that will prevent the Sensel Product from reverting to an earlier version of the system software. Third party applications installed on the Sensel Product may not be compatible or work with the Sensel Product as a result of the system software update. You will be responsible for reinstalling all other software programs, data and information.
8) No Sensel ASP, reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term of this Warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms will not be affected or impaired. Sensel or its successor is the sole warrantor under this Warranty.
9) EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENSEL IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE SENSEL PRODUCT, OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE SENSEL PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.