NXi Communications, Inc. Product Warranties
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NexCom 300vi Warranty
NexCom 300 Two Year Limited Warranty NXi Communications, Inc. warrants that the NexCom 300vi Modem will be free from defects in material and workmanship for two years from the date of first consumer purchase. NXi will repair or replace, at its option, the entire device or any parts that it determines were defective. This warranty may not be further assigned or transferred. Limited Warranty Exclusions: This limited warranty does not cover losses or damage which occur: This limited warranty is in lieu of all other warranties, express or implied. NXi’s liability shall not exceed the price of the defective individual product which is the basis for the claim. In no event shall NXi Communications, Inc. be liable for loss of profit, loss of facilities or equipment, or other indirect, incidental or consequential damages, even when NXi has been advised of the possibility of such damages. The foregoing limited warranty is the exclusive and sole remedy provided to the buyer.
NXi Telephony Services (NTS) Warranty
LIMITED WARRANTIES/EXCLUSIVE REMEDIES: REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL NXi BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF NXi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the limitation of liability for incidental or consequential damages so the above limitation may not apply to you. IN NO CASE SHALL NXi'S LIABILITY EXCEED THE PURCHASE PRICE FOR THE PROGRAMS. The disclaimers and limitations set forth shall apply regardless of whether you accept the Programs.
NXi warrants that for 90 days from date of delivery to Customer: (a) media is free of defects in materials and workmanship under normal use; and (b) unmodified Programs will substantially perform functions described in documentation provided by NXi when operated on the designated computer and operating system. NXi DOES NOT warrant that: Programs will meet Customer's requirements, Programs will operate in combinations Customer may select for use, operation of Programs will be uninterrupted or error-free, or all Program errors will be corrected. These warranties are exclusive and in lieu of all other warranties, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose. If Customer reports an error in a Programs within the 90 day period, NXi shall, at its option, correct the error, provide Customer with a reasonable procedure to circumvent the error, or, upon return of Programs to NXi by Customer, refund the license fees. NXi will replace any defective media without charge if it is returned to NXi within the 90 day period. These are Customer's sole and exclusive remedies for any breach of warranty. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
Hardware used with NTS:
NexCom 300vi modem per warranty information above.
Voice Modems and/or Telephony Cards: Each voice modem and/or telephony card that we sell with our NTS software comes with its own warranty through the individual manufacturer. In many cases these warranties are for five years, but you should read the warranty form that comes with each card for specific terms and information. NXi Communications, Inc. will honor the manufacturers' warranties within the guidelines and limitations set forth by each manufacturer.
NexTalk-VM Software Warranty
Limited Warranty: What is Covered By the Warranties. For a period of ninety (90) days from the date the Software is delivered to Licensee, Licensor warrants that the Software will perform substantially in accordance with the specifications set forth in the Documentation. Licensor, at its option, will either replace or repair, without additional charge, any Software program that does not perform in accordance with specifications set forth in the documentation.
Exclusion of Other Warranties. Licensor does not warrant that the functions contained in the Software will meet Licensee's requirements or that the operation of the Software will be uninterrupted or error free. The Software warranty does not cover any copy of the Software which has been altered or changed in any way without the express written authorization of Licensor. Licensor is not responsible for problems caused by changes in the operating characteristics of the computer hardware or operating system which are made after the delivery of the Software unless they are made by Licensor, or Licensee has received express written authorization from Licensor to make such changes. Licensor is not responsible for problems which occur as a result of the use of the Software in conjunction with Software not provided by Licensor.
ANY IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. LICENSOR SHALL NOT IN ANY CASE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY EVEN IF LICENSOR OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR'S LIABILITY EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE.
THE WARRANTIES SET FORTH ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, AND REMEDIES SET FORTH ABOVE ARE LICENSEE'S SOLE AND EXCLUSIVE REMEDIES. ONLY AN AUTHORIZED OFFICER OF LICENSOR MAY MAKE MODIFICATIONS TO THIS WARRANTY, OR MAKE ADDITIONAL WARRANTIES BINDING ON LICENSOR. ACCORDINGLY, ADDITIONAL STATEMENTS SUCH AS ADVERTISING OR PRESENTATION, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY LICENSOR AND SHOULD NOT BE RELIED UPON AS SUCH.
Licensor has no control over the conditions under which Licensee uses the Software. Therefore, Licensor does not and cannot warrant the results that may be obtained by its use. However, Licensor provides the following limited performance warranties:
Voice Modems sold with NexTalk-VM
Each modem that we sell with our NexTalk-VM software comes with its own warranty through the individual modem manufacturer. In many cases these warranties are for five years, but you should read the warranty form that comes with each modem for specific terms and information. NXi Communications, Inc. will honor the manufacturers' warranties within the guidelines and limitations set forth by each manufacturer. NXi Communications, Inc. offers a 60 day money-back guarantee on all of our products. If you are unsatisfied with our products for any reason you may return them within the money-back period for a refund of the purchase price, less the shipping cost. NXi must issue a return authorization number for each return. If you bought your product through one of our dealers, you should contact your dealer to get a return authorization number and refund directly from the dealer. If you bought the product directly from us, you can print and fax the following form to our offices, or contact us via phone or e-mail.