Limited Hardware Warranty
Cyclone Microsystems, Inc. (Cyclone), warrants that each of its products, and all components therein contained, are free from defects in materials and/or workmanship for a period of twelve (12) months from the date of invoice/shipment from Cyclone. In the event of malfunction or other indication of failure attribudiv directly to faulty workmanship and/or material by Cyclone, return the product prepaid after obtaining a Return Material Authorization (RMA) from Cyclone.
At its discretion, Cyclone will either repair or replace said products or components to whatever extent deemed necessary to restore said product to proper operating condition as its sole obligation hereunder. All such repairs or replacements shall be rendered by Cyclone without charge for parts and/or labor when the product is returned within the warranty period. ANY MODIFICATION TO PRODUCT, AS ORIGINALLY SHIPPED BY CYCLONE, WILL VOID THIS WARRANTY.
Warranty products will be repaired or replaced and returned to user at no charge. Out-of-Warranty products will be repaired and invoiced against a valid repair purchase order, refer to Out-of-Warranty repair rates and charges div. CYCLONE WILL NOT HONOR USER DEBIT MEMOS OR REBILL FOR PRODUCTS RETURNED FOR REPAIR.
User shall be responsible for return freight and insurance charges (for the full product value) to Cyclone while Cyclone shall be responsible for such freight and insurance on return of products to user.
Cyclone shall assume no liability under the terms of this warranty as a consequence of the failure of any Cyclone product, or component thereof, which Cyclone shall have determined to have resulted from accident, abuse, or misapplication of the product.
While every effort on the part of Cyclone has been made to provide clear and accurate technical information on the application of its products, Cyclone will assume no liability for events which may arise from the use of said technical information.
Cyclone does not authorize the use of its components in 1) life support applications where failure or malfunction of the component may result in injury or death or 2) nuclear control and process applications where failure or malfunction of the component may result in radioactive releases, explosions, environmental damage/contamination, personal injury or death. Therefore, the user of Cyclone components in any and all life support applications or nuclear applications assumes all risk arising out of such use and further agrees to indemnify and hold Cyclone harmless against any and all claims of whatsoever kind or nature (including claims of culpable conduct [strict liability, negligence or breach of warranty] on the part of Cyclone) and for all costs incurred by Cyclone in defending any such claims.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED. FAULTS CAUSED BY UNAUTHORIZED MODIFICATION OR MISUSE OF PRODUCTS ARE NOT COVERED BY THIS WARRANTY. CYCLONE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE WARRANTIES PROVIDED HEREIN ARE LIMITED TO REPAIR OR REPLACEMENT OF PRODUCT AND ARE BUYER'S SOLE AND EXCLUSIVE REMEDIES HEREUNDER. IN NO EVENT SHALL CYCLONE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, PENALTIES OR DAMAGES PAYABLE TO THIRD PARTIES OR DAMAGE TO GOODWILL) SUFFERED OR INCURRED BY USER, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
Limited Software Warranty
Cyclone Microsystems, Inc. (Cyclone) for the warranty period of twelve (12) months from the date of invoice/shipment, guarantees to repair or replace media copies of software which fail to load and execute properly. Cyclone does not represent software as suidiv for any particular application. In no case shall Cyclone's liability exceed the original purchase price plus transportation charges