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Except for express warranties stated in the Limited Warranty and except for any implied warranties that exist under applicable law and that cannot be disclaimed, THE USER AGREES THAT THE SOFTWARE, HARDWARE DEVICE AND ANY SUPPORT SERVICES ARE:
(1) PROVIDED AS IS AND WITH ALL FAULTS, AND THAT THE ENTIRE RISK AS TO SAT ISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER;and (2) that FireFly and its suppliers, affiliates, and agents MAKE NO, AND DISCLAIM ALL OTHER WARRANTIES OF EVERY NATURE, INCLUDING BUT NOT LIMITED TO: ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR ANY PURPOSE OR OF SYSTEM INTEGRATION, OR CREATED BY TRADE USAGE OR COURSE OF DEALING; ALL DUTIES OF REASONABLE WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE, and; ANY (IF ANY) IMPLIED OR SIMILAR OBLIGATIONS REGARDING TRANSMISSION, AVAILABIL ITY, ACCURACY, FUNCTIONALITY OR LACK OF VIRUSES OR HARMFUL CODE. ALSO,THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH THE USER'S ENJOYMENT OF THE SOFTWARE, HARDWARE DEVICE OR ANY SUPPORT SERVICE OR AGAINST INFRINGEMENT OR THE LIKE.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE FULL EXTENT ALLOWED BY LAW, FIREFLY AND ITS SUPPLIERS, AFFILIATES
AND AGENTS ARE NOT LIABLE FOR ANY:
(i) CONSEQUENTIAL OR INCIDENTAL DAMAGES;
(ii) DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS,
BUSINESS INTERRUPTION, LOSS OF DATA OR PRIVACY OR CONFIDENTIALITY, ANY
INABILITY TO USE ALL OR PART OF THE HARDWARE DEVICE OR SOFTWARE, PER-
SONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED
TO ANY DUTY OF NEGLIGENCE, GOOD FAITH OR OF WORKMANLIKE EFFORT); OR
(iii) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN
ANY WAY TO THE SOFTWARE, HARDWARE DEVICE OR SUPPORT SERVICES. THE FORE-
GOING APPLIES EVEN IF FIREFLY OR ANY SUPPLIER, AFFILIATE OR AGENT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; AND EVEN IN THE
EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY,
MISREPRESENTATION OR OTHER REASON.
LIMITATION OF LIABILITY
AND EXCLUSIVE REMEDY. The User’s exclusive remedy for any breach of
the Limited Warranty is set forth in the Limited Warranty. AS FOR
ALL OTHER BREACHES OF THIS WARRANTY BY FIREFLY, ITS SUPPLIERS,
AFFILIATES OR AGENTS, THE USER AGREES THAT THE USER’S SOLE REMEDY
FOR ANY SUCH BREACH AND FOR ANY OTHER CAUSE OF ACTION OF ANY NATURE
RELATING TO THIS WARRANTY OR TO THE SOFTWARE OR HARDWARE DEVICE,
SHALL BE, AT FIREFLY’S OPTION, (1) repair or replacement of all or
part of the SOFTWARE OR Hardware Device (including without
limitation, repair or replacements with non-FireFly items); or (2)
refund of the amount The User actually paid for the respective
SOFTWARE or Hardware Device causing The User’s damages, which refund
amount shall not exceed the actual damages incurred by The User in
reasonable reliance. The User agrees that the damage exclusions in
this Warranty and this limitation of liability shall apply even if
any remedy fails of its essential purpose. These limitations do not
apply to the extent of any liabilities that cannot be excluded or
limited by applicable law.
GOVERNING LAW; EXCLUSIVE FORUM. If The User acquired the Hardware
Device and/ or SOFTWARE in the United States of America, all parts
of this Limited Warranty shall be construed under and controlled by
the laws of the State of Florida, U.S.A., and The User irrevocably
consents to exclusive jurisdiction and venue in the federal courts
sitting in Hillsborough County, FL unless no federal subject matter
jurisdiction exists, in which case The User irrevocably consent to
exclusive jurisdiction and venue in the Circuit Court of
Hillsborough County, FL.
A. WARRANTIES.
1. Express Warranty. Subject to the terms and conditions of this
Limited Warranty and in lieu of any other (if any) express
warranties, FireFly warrants that under normal use and service, on
the date of acquisition as shown on The User’s original purchase
receipt for the next i) One (1) year for the SOFTWARE and ii) period
of time stated below for the applicable Hardware Device (hereafter
each defined as the “Warranty Period”), that the SOFTWARE and
Hardware Device will substantially conform with the accompanying
FireFly packaging and documentation. As to any defects discovered
after the Warranty Period, there is no warranty or condition of any
kind.
Warranty Period: For all
FireFly Keyboard devices: One (1) year
This Limited Warranty
does not cover, and no warranty of any kind is provided with respect
to any subjective or aesthetic aspects of the Hardware Device or
SOFTWARE. The express warranty stated above is the only express
warranty made to The User and is provided in lieu of all other
express or implied warranties and conditions (except for any non-disclaimable
implied warranties that may exist), including any created by any
other documentation or packaging. No information or suggestions
(oral or in a record) given by FireFly, its agents, affiliates or
suppliers or its or their employees or agents, shall create a
warranty or condition or expand the scope of this Limited Warranty.
The “Governing Law; Exclusive Forum” provision applies to this
Limited Warranty and is incorporated herein by this reference.
2. Limitation on Duration
of Implied Warranties. The User may also have an implied warranty
and/or condition under the laws of some jurisdictions, which is
hereby limited to the duration of the Warranty Period. Some
jurisdictions do not allow limitations on how long an implied
warranty or condition lasts, so the foregoing limitation may not
apply to the user.
B. EXCLUSIVE REMEDY. Subject to applicable law and the following, and provided that The User returns the SOFTWARE and Hardware Device to The User’s place of acquisition with a copy of The User’s receipt during the Warranty Period, FireFly upon warranty confirmation will, at its option and as The User’s exclusive remedy for breach of this Limited Warranty and any implied warranties:
(i) repair or replace all or part of the defective SOFTWARE or the defective Hardware Device; or
(ii) make payment to The User for the allowable damages that The User incurred in reasonable reliance, but only up to the amount The User paid (if any) for the SOFTWARE and/or the Hardware Device less reasonable depreciation based on actual use.
The above remedy is subject to the following:
(i) Any repaired or replaced SOFTWARE or Hardware Device will be new or refurbished or
serviceably used, comparable in function and performance to the original Hardware De
vice (or SOFTWARE), and may include third party items;
(ii) Any SOFTWARE or Hardware Device repaired or replaced under this Limited Warranty
will be warranted for the remainder of the original Warranty Period or 30 days from the
date of shipment of the item back to The User, whichever is longer. If an upgrade to
SOFTWARE is delivered with a new limited warranty, then the terms of that new limited
warranty will apply only to the SOFTWARE as upgraded, but will not apply to the original
Hardware Device;
(iii) Except as otherwise required by legislation in The User’s jurisdiction, costs associated
with transport (including packaging) for warranty service shall be at The User’s expense;
and
(iv) FireFly does not provide any warranties regarding any repair or other services pro
vided under this Limited Warranty and disclaims all duties (if any) of workmanlike effort
or of lack of negligence regarding such services.
C. EXCLUSION OF OTHER DAMAGES.
TO THE FULL EXTENT ALLOWED BY LAW, FIREFLY AND ITS SUPPLIERS, AFFILIATES
AND AGENTS ARE NOT LIABLE FOR ANY:
(i) CONSEQUENTIAL OR INCIDENTAL DAMAGES;
(ii) DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS,
BUSINESS INTERRUPTION, LOSS OF DATA OR PRIVACY OR CONFIDENTIALITY, ANY
INABILITY TO USE ALL OR PART OF THE HARDWARE DEVICE OR SOFTWARE, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED
TO ANY DUTY OF NEGLIGENCE, GOOD FAITH OR OF WORKMANLIKE EFFORT); OR
(iii) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN
ANY WAY TO THE SOFTWARE OR HARDWARE DEVICE.
THE FOREGOING APPLIES EVEN IF FIREFLY OR ANY SUPPLIER, AFFILIATE OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusions many not apply to The User.
D. EXCLUSIONS FROM COVERAGE. This Limited Warranty shall not apply and FireFly has no liability under this Limited Warranty if the SOFTWARE or Hardware Device:
- is used for commercial purposes (including rental or lease) or purposes beyond the scope of the SOFTWARE license;
- is modified or tampered with;
- is damaged by Acts of God, power surge, misuse, abuse, negligence, accident, excessive wear and tear, mishandling, misapplication, or other causes unrelated to defects in
the Hardware Device or the SOFTWARE;
- is damaged by programs, data, viruses, or files, or during shipments or transmissions;
- is not used in accordance with the accompanying documentation and use instructions;
or
- is repaired, modified or altered by other than a FireFly authorized repair center.
This Limited Warranty does not include any warranty regarding legal rights or abilities,
such as any warranty regarding title, quiet enjoyment or lack of infringement.
E. REGISTRATION. The User need not register The User’s acquisition of the SOFTWARE
and Hardware Device for the Limited Warranty to be effective.
F. BENEFICIARY. To the extent allowed by applicable law, the Limited Warranty is only
made to The User, the first licensed user of the SOFTWARE or purchaser of the Hardware
Device, and there are no third party beneficiaries of the Limited Warranty. Except as
required by law, this Limited Warranty is not intended for and does not apply to anyone
else.
G. CLAIM SUBMISSION PROCEDURE. FireFly is the warrantor under this Limited Warranty. To receive instructions for obtaining performance of this Limited Warranty The
User must contact FireFly on the internet at www.fireflyintl.com.
The User must also:
1 Have the keyboard serial number available when prompted online;
2 Follow FireFly’s shipping instructions provided the system issues an RMA online after
entering the serial number. To obtain the Limited Warranty performance, the User must
return the item in either its original packaging or packaging that provides an equal degree
of protection to the location specified by FireFly when the RMA is issued. Except as other
wise required by legislation in the User’s jurisdiction, costs associated with transport
(including packaging) for warranty service shall be at The User’s expense.
This Limited Warranty gives The User specific legal rights and The User may also have other rights which vary from jurisdiction to jurisdiction. Where any term of this Limited Warranty is prohibited by such laws, it shall be null and void, but the remainder of the Limited Warranty shall remain in full force and effect if its allocation of risks are not materially disturbed.
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