STEC, Inc., ("STEC") warrants to the purchaser
of an STEC product (the "Product") as follows: if
the Product is properly used and installed, it will be free
from substantial defects in material and workmanship, and
will substantially conform to STEC's warranty specifications
beginning on the date the Product was purchased from STEC.
STEC's warranty specification by product:
• 5-Years for all ZeusIOPS,
and MACH8IOPS Products
• 3-Years for MACH8, MACH8MLC, and UM-SSD (PCI Express Mini Card) Products
• 3-Years for all ATA PC, MACH4 CF, MACH4 SSD, CompactFlash,
Flash Drive, Flash Module, and Single Chip Drive Products
• 3-Years for all DRAM Products
(Including DDR3, DDR2, DDR, SDRAM, EDO/FPM)
• 2-Years for MACH2 SSD
• 2-Years for SecureDigital and
miniSD Products
If the Product, which is the subject of this Limited Warranty,
fails to conform to the above warranty during the warranty
period, STEC, at its option and sole discretion, will:
REPAIR the Product; OR
REPLACE the Product with another product (where the
replacement product is an equivalent product at the time a
claim for warranty service is made to STEC under this Limited
Warranty); OR
CREDIT the then-current value of the Product (at the
time a claim for warranty service is made to STEC under this
Limited Warranty) towards future purchases from STEC.
THIS LIMITED WARRANTY, AND ANY IMPLIED WARRANTIES THAT
MAY EXIST UNDER APPLICABLE STATE, NATIONAL, PROVINCAL OR LOCAL
LAW, APPLY ONLY TO THE ORIGINAL PURCHASER OF THE PRODUCT.
EXTENT OF LIMITED WARRANTY
STEC does not warrant that the Product will be free from
non-substantial design defects or errors. Further, this Limited
Warranty does NOT cover:
•
any costs associated with the repair or
replacement of the Product including labor, installation
or other costs incurred by the purchaser, and in particular,
any costs relating to the removal or replacement of any
Product that is affixed to another device; OR
•
damage to the Product due to external causes,
including accident, problems with electrical power, abnormal
electrical, mechanical or environmental conditions, usage
not in accordance with product instructions, misuse, neglect,
alteration, repair, improper installation, or improper
testing; OR
•
any Product which has been modified or operated
outside of STEC's publicly available specifications or
where the original identification markings (trademark
or serial number) has been removed, altered or obliterated
from the Product.
WARRANTY LIMITATIONS AND EXCLUSIONS
THIS WARRANTY REPLACES ALL OTHER WARRANTIES FOR
THE PRODUCT AND STEC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
COURSE OF DEALING AND USAGE OF TRADE. Some states (or jurisdictions)
do not allow the exclusion of implied warranties so this limitation
may not apply to purchasers in those states (or jurisdictions).
ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED IN DURATION TO
THE LIMITED WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT
PERIOD. Some states (or jurisdictions) do not allow limitations
on how long an implied warranty lasts, so this limitation may
not apply to purchasers in those states (or jurisdictions).
LIMITATIONS OF LIABILITY
STEC'S RESPONSIBILITY UNDER THIS OR ANY OTHER
WARRANTY, IMPLIED OR EXPRESS, IS LIMITED TO REPAIR, REPLACEMENT,
REFUND, OR CREDIT, AS SET FORTH ABOVE. THESE REMEDIES ARE THE
SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY. TO THE
MAXIMUM EXTENT PERMITTED BY LAW. STEC IS NOT RESPONSIBLE FOR
ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING
FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DOWNTIME, GOODWILL,
DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY, AND ANY
COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM
OR DATA STORED IN OR USED WITH A SYSTEM CONTAINING THE PRODUCT),
EVEN IF STEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states (or jurisdictions) do not allow the exclusion or
limitation of incidental or consequential damages, so the above
limitations or exclusions may not apply to purchasers in those
states (or jurisdictions). THIS LIMITED WARRANTY GIVES THE PURCHASER
SPECIFIC LEGAL RIGHTS, AND THE PURCHASER MAY ALSO HAVE OTHER
RIGHTS THAT VARY BY STATE OR JURISDICTION. ANY AND ALL DISPUTES
ARISING UNDER OR RELATED TO THIS LIMITED WARRANTY SHALL BE ADJUDICATED
IN ORANGE COUNTY, CALIFORNIA, USA AND THE APPLICABLE LAW SHALL
BE THAT OF THE STATE OF CALIFORNIA.
