Appendix a. license and warranty information, Appendix a, License and warranty information – SysKonnect SK-9E21D User Manual

Page 41: Syskonnect inc. license and purchase agreement, Limited warranty for hardware and software

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SysKonnect SK-9E21D 10/100/1000Base-T Adapter PCI Express

Appendix A. License and Warranty

Information

The Americas, Asia, Australia, New Zealand,
Pacific

Dear Customer,

if you acquired your SysKonnect product in the UNITED STATES, CANADA or any other country in the AMERICAS, ASIA, AUSTRA-
LIA, NEW ZEALAND, PACIFIC, the following license and purchase agreement applies to you.

This is a legal agreement between you, the end user and SysKonnect Incorporation, a California U.S.A. Incorporation (SysKonnect
Inc.).

SysKonnect Inc. License and Purchase Agreement

By opening the sealed disk package and taking possession of the hardware, you are agreeing to be bound by the terms of this Agree-
ment. If you do not agree to the terms of this Agreement, promptly return the unopened and unused disk package and hardware with
the accompanying items (including all written materials and other accessories) to the place of purchase for a full refund.

Grant of Software License

This SysKonnect Inc. License Agreement (License) permits you to use one copy of the SysKonnect Inc. software product acquired
with this License (“SOFTWARE”) on any single computer, provided the SOFTWARE is in use on only one computer at any time. If you
have multiple Licenses for the SOFTWARE, then at any time, you may have as many copies of the SOFTWARE in use as you have
Licenses. The SOFTWARE is “in use” on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the per-
manent memory (e.g. hard disk or other storage device) of that computer, except that a copy installed on a network server for the sole
purpose of distribution to other computers is not “in use”. If the anticipated number of users of the SOFTWARE will exceed the number
of applicable Licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using
the SOFTWARE concurrently does not exceed the number of Licenses. If the SOFTWARE is permanently installed on the hard disk or
other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time it is
in use, then that person may also use the SOFTWARE on a portable or home computer.

Copyright

The SOFTWARE is owned by SysKonnect Inc. or its suppliers and is protected against copying by copyright laws, international treaty
provisions and other national laws.

If the SOFTWARE is not copy protected you may either make one copy of the SOFTWARE solely for backup or archival purposes, or
transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes.

You may not copy the Product Manual(s) or written materials accompanying the SOFTWARE or HARDWARE.

Other Restrictions

You may not rent or lease the SOFTWARE or HARDWARE, but you may transfer your rights under this SysKonnect Inc. License and
Purchase Agreement on a permanent basis provided you transfer all copies of the SOFTWARE and all written materials, and the
recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile or disassemble the SOFTWARE. Any
transfer must include the most recent update and all prior versions.

Hardware

SysKonnect Inc. warrants, that the hardware will be delivered free from defect and in working condition. SysKonnect Inc. does not
assume liability for nor warrant damage to the hardware after delivery. SysKonnect also does not warrant total applicability for specific
applications or customer Network environments.

Limited Warranty for Hardware and Software

Limited Warranty

SysKonnect Inc. warrants that the SOFTWARE will perform substantially in accordance with the accompanying Product Manual(s) for
a period of 90 days from the date of receipt.

SysKonnect warrants

that NETWORK INTERFACE CARDS will be free from defects in materials and workmanship under normal use and service for a
period of 5 years from the date of receipt, that NETWORK INFRASTRUCTURE COMPONENTS (e.g., hubs, switches, concentrators)
will be free from defects in materials and workmanship under normal use and service for a period of 2 years from the date of receipt,
and other HARDWARE for a period of 6 months from the date of receipt respectively.

This warranty is given by SysKonnect Inc. as producer of the PRODUCT; possible legal warranty or liability claims against the dealer,
whom you have acquired your SOFTWARE or HARDWARE product from, shall neither replaced by nor limited through this warranty.

Customer Remedies

SysKonnect's entire liability and your exclusive remedy shall be, at SysKonnect's option, either return of the price paid, or repair or
replacement of the SOFTWARE or HARDWARE that does not meet SysKonnect's Limited Warranty and which is returned to SysKon-
nect Inc. with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or HARDWARE has resulted from acci-
dent, abuse, or misapplication. Any replacement SOFTWARE will be warranted by SysKonnect Inc. only for the remainder of the
original warranty period or 30 days, whichever is longer. Any replacement HARDWARE will be warranted for the remainder of the orig-
inal warranty period or 6 months, whichever is longer.

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