Limited Warranty
Enova® Technology (hereafter Enova®) warrants the X-Wall microchip (hereafter Product) to be free of material defects and errors that prevent normal operation. On receipt of notice of such defect or error from Customer Enova® shall, at its own expense, exercise commercially reasonable efforts to replace the Product, upgrade the Product, or suggest an alternate procedure or routine which eliminates the adverse effect of the defect or error. Notwithstanding the foregoing, Enova® shall be relieved from any such obligation if Customer fails to give Enova® reasonable prompt, written notice of any error claimed, and such delay causes further damage to Customer.
Qualifications
Notwithstanding the warranty provisions set forth in the Limited Warranty, Enova®’s obligation with respect to such warranties shall be contingent on Customer’s use of the Product in accordance with instructions as provided in the published Specifications. Enova® shall have no warranty obligations with respect to any portion of the Product which has been: (a) operated by the Customer in a manner inconsistent with requirements set forth in the Specification or that has been modified by any party other than Enova®; (b) damaged in any manner and by any cause other than any act or omission of Enova®; (c) operated by any third party hardware and/or software not owned by Enova®; or (d) subjected to extreme power surge or electromagnetic field.
Disclaimer
THE LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY ENOVA. THE WARRANTIES AND LIMITATIONS SET FORTH IN THIS ARTICLE CONSTITUTE THE ONLY WARRANTIES MADE BY ENOVA WITH RESPECT TO THE LICENSED PRODUCT, AND ENOVA SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF DESIGN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING FROM A COURSE OF DEALING, TRADE USAGE OR TRADE PRACTICE.
Remedies
The entire liability of Enova® and the sole and exclusive remedy for licensee under the limited warranty set forth in this article shall be (a) for Enova® to replace defective Product as provided in this article and (b) for licensee to terminate this article without further liability to Enova®.
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