Warranty for Lighthouse Hardware Appliance Products
Opengear, Inc., ("Opengear") warrant your Opengear Lighthouse hardware through transfer of the provided Dell warranty. All hardware support and warranty will be provided by Dell and not by Opengear. Purchaser may contact Opengear for guidance with the Dell warranty process.
The warranty shall commence on the date of original purchase of the Lighthouse appliance. The standard duration for Dell hardware warranty is three (3) years. However, Dell may change the terms and conditions of the hardware warranty at any time without prior notice in which case Opengear will not be held responsible for any loss or damage incurred by the Purchaser.
Dell hardware warranty terms for Basic Support with Lighthouse products are located at the link below:
Opengear will provide standard support for software and functionality through the Technical Support contacts listed at http://opengear.com/support. In case of a failure that can clearly be traced to Dell hardware, Opengear recommends the Purchaser contact Dell directly for support. In the event of uncertainty with the source of failure, Purchaser may log a support call with Opengear via the Technical Support contacts mentioned earlier in this document
LIMITATION OF LIABILITY
No action, regardless of form, arising from this warranty may be brought by either party more than two (2) years after the cause of action has occurred. Purchaser expressly agrees that Opengear's liability, if any, shall be limited solely to the replacement or repair of the product in accordance with the warranties specifically and expressly set forth herein. The remedies of the Purchaser are the exclusive and sole remedies available, and, in the event of a breach or repudiation of any provision of this agreement by Opengear, the Purchaser shall not be entitled to receive any incidental damages as that term is defined in Section 2-715 of the Uniform Commercial Code. Opengear waives the benefit of any rule that disclaimer of warranty shall be construed against Opengear and agrees that such disclaimers herein shall be construed liberally in favor of Opengear.
THE FOREGOING WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN IN CONNECTION WITH THE PRODUCT AND THE HARDWARE. OPENGEAR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO THE SUITABILITY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. OPENGEAR DOES NOT PROMISE THAT THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT SHALL OPENGEAR BE LIABLE FOR ANY LOST OR ANTICIPATED PROFITS, OR ANY INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER OPENGEAR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.