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Warranty

MATSUCOM, Inc. Limited Hardware Warranty

WARRANTY COVERAGE.

MATSUCOM, Inc. Limited Hardware Warranty ("Warranty") obligations are limited to the terms set forth below:

MATSUCOM, Inc. ("MATSUCOM") warrants this hardware product against defects in materials and workmanship for a period of one (1) year from the date of original retail purchase. If a defect exists in the onHand (Movement and case) or PC Docking Station, MATSUCOM will either repair or replace the product at no charge. To do so, MATSUCOM may use either new or refurbished replacement parts, or MATSUCOM may exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent. A replacement product assumes the remaining warranty of the original product or 90 days, whichever is longer. If MATSUCOM does not either restore the product to good working condition after a reasonable number of attempts or replace the product, MATSUCOM will refund the purchase price of the product. When a product or part is exchanged or a refund given, the replacement item, if any, becomes your property and the replaced items, or the item for which the refund was given, becomes the property of MATSUCOM or its Authorized Service Provider.

OBTAINING WARRANTY SERVICE for the onHand and PC Docking Station. To obtain warranty service, deliver the product, at your expense, to a MATSUCOM Authorized Service Provider. Provide your name, address, telephone number, model and proof of the original purchase date (bearing the appropriate MATSUCOM serial number). Before returning the product, it is your responsibility to keep a separate backup copy of the system software, application software and data, and disable any security passwords. You will be responsible for reinstalling all such software, data and passwords.

EXCLUSIONS AND LIMITATIONS

This Warranty applies only to hardware products manufactured by or for MATSUCOM that can be identified by the MATSUCOM trademark, trade name, or logo affixed to them. MATSUCOM and its Authorized Service Providers are not liable for any damage to or loss of any programs, data, or other information stored on any media, or any products or parts not covered by this Warranty. Recovery and reinstallation of system and application software and user data are not covered under this Warranty.

This Warranty does not apply: (a) to damage caused by accident, abuse, misuse, or misapplication; (b) to damage caused by service (including upgrades and expansions) performed by anyone who is not a MATSUCOM Authorized Service Provider; (c) to a product or a part that has been modified without the written permission of MATSUCOM; or, (d) if any MATSUCOM serial number has been removed or defaced.

THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. MATSUCOM SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO MATSUCOM RESELLER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION OR ADDITION TO THIS WARRANTY.

MATSUCOM IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, 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 DATE STORED IN OR USED WITH MATSUCOM PRODUCTS.

Some states and provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions of implied warranties or conditions, so the above limitations or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights that vary by state or province.

GOVERNING LAW. This Warranty shall be governed by the laws of the State of Colorado excluding its conflict of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.