Aventis Systems, Inc.

Warranty

AVENTIS SYSTEMS, INC. LIMITED WARRANTY AGREEMENT

This Agreement applies to products purchased by you from Aventis Systems, Inc.("ASI") unless you enter into a separate written agreement with ASI.THIS AGREEMENT APPLIES TO YOU UNLESS, WITHIN FIFTEEN (15) DAYS OF RECEIVING THIS AGREEMENT OR THE PRODUCT, (i) YOU NOTIFY ASI IN WRITING THAT YOU DO NOT AGREE AND (ii) YOU RETURN YOUR PRODUCT UNDER ASI'S REFUND POLICY. THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. PLEASE SEE SECTION 3 BELOW.

Product Limited Warranty. ASI warrants that its products will be free from defects in materials and workmanship for three (3) year or for the period stated on your invoice, whichever is longer. The warranty period begins on the date you receive the product(s) from ASI. During the warranty period, ASI will, at its option: (i) provide replacement parts necessary to repair the product, (ii) repair the product, (iii) replace the product with a comparable or superior one, or (iv) refund the amount you paid for the product, LESS SHIPPING & HANDLING, upon its return. You must assist ASI in diagnosing issues with your product and follow ASI's warranty processes. You must obtain warranty service from ASI. ASI will not reimburse you for service performed by others on ASI's products. Any third party work on ASI's product will be at your expense, and will not be reimbursed by ASI. You may be required to ship your product to and from ASI at your expense. Replacement parts and products will be serviceably used, comparable in function and performance to the original part, and warranted for the remainder of the original warranty period. If ASI asks you to return defective parts or products, you must do so within (30) days of ASI's request, with the appropriate RMA form. You are responsible for return shipping costs. ASI may choose to cross-ship products at ASI's discretion, however, if you fail to return the requested parts or products, ASI will charge you for the replacement.

THIS LIMITED WARRANTY DOES NOT COVER MISUSE OR MINOR IMPERFECTIONS THAT DO NOT MATERIALLY ALTER FUNCTIONALITY. PRODUCTS SOLD BY ASI AS "USED" MAY NOT PERFORM AS WELL AS SIMILAR NEW PRODUCTS. ASI DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, VIRUSES, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF ASI PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER SOFTWARE-RELATED ISSUES.
1. Services and Service Limited Warranty. For a period of three (3) year after services are performed by ASI under this Agreement, ASI warrants that such services were performed in a professional and workmanlike manner. You should back up all files before services are performed and remove any data from parts or products returned to ASI. ASI IS NOT RESPONSIBLE FOR ANY LOSS OF YOUR DATA.
2. Warranty Process. If the product you received from ASI is defective during the warranty period, you must contact ASI via phone (866) 528-9313 and/or via email ( support@aventissystems.com ) before taking any further action. After confirming your problem, ASI will determine the appropriate action to take. ASI may require you to ship the defective product to ASI in order to repair or replace it. In the event ASI does require you to return the defective product, ASI will provide you with a Returned Merchandise Authorization ("RMA") number. You must include this number with the defective product when you return it. FAILURE TO OBTAIN AN RMA NUMBER PRIOR TO SHIPPING YOUR DEFECTIVE PRODUCT TO ASI RELIEVES ASI OF ALL FURTHER OBLIGATIONS UNDER THIS WARRANTY AGREEMENT. Returned products must be shipped, at your expense, to: Aventis Systems, Inc., 189 Cobb Pkwy. N., Suite B-7, Marietta, Georgia, 30062, or to whatever other address ASI provides you.
  
  Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, ASI DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING:
  1. IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. ASI'S AND YOUR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES, PLUS INTEREST AS ALLOWED BY LAW. NEITHER YOU NOR ASI IS LIABLE TO THE OTHER IF YOU OR IT ARE UNABLE TO PERFORM DUE TO EVENTS YOU OR IT ARE NOT ABLE TO CONTROL, SUCH AS ACTS OF GOD, OR FOR PROPERTY DAMAGE,
  2. PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION, OR RESTRICTION UNDER APPLICABLE LAW.
  THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Dispute Resolution. You and ASI agree that any Dispute between You and ASI will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (NAF) and conducted under its rules, except as otherwise provided below. You and ASI will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and ASI. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held at any reasonable location near your residence by submission of documents, by telephone, online, or in person, whichever method of presentation You choose. If You prevail in the arbitration of any Dispute with ASI, ASI will not reimburse You for any fees you paid to NAF in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. Under this agreement, you voluntarily waive the right to pursue legal action in a court of law in the United States of America against ASI, or any parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, and/or component suppliers. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability, or validity thereof, (ii) the related order for, purchase, delivery, receipt, or use of any product or service from ASI, or iii) any other dispute arising out of or relating to the relationship between You and ASI; the term "ASI" means Aventis Systems, Inc., its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, and/or component suppliers (both hardware and software); and the term "You" means you, or those in privity with you, such as family members or beneficiaries. Information may be obtained from the NAF on line at www.arb-forum.com, by calling 800-474-2371, or writing to P.O. Box 50191, Minneapolis, MN, 55405.
General. You may not assign or transfer this Agreement or warranty without ASI's written consent. ASI and its subsidiaries and affiliates are intended beneficiaries of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to products or services purchased from ASI, this Agreement shall govern. This Agreement may not be modified, altered, or amended without the written agreement of ASI. Any additional or altered terms shall be null and void, unless expressly agreed to in writing by ASI. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Georgia, without giving effect to conflicts of law rules. This agreement is subject to change at anytime without notice.

For Residents of Canada: This Agreement is subject to the applicable provisions of Canadian consumer protection laws from which private agreements cannot derogate. You confirm your request that this Agreement and all documents related directly or indirectly thereto be drafted in the English language.

Aventis Systems is not affiliated, endorsed, sponsered by Dell or any other Company whose products are sold by ASI.