BASIC WARRANTY - In the absence of any optional warranty or continuing provisions extended by formal written agreement, Kofax warrants its Products in accordance with the schedules listed below.
In all cases where equipment is to be returned to Kofax, a Return Material Authorization (RMA) must be issued by Technical Support.
BOARD PRODUCTS - Kofax warrants for a period of thirty-six (36) months from the date of shipment, that each board product shall be free of defects in material and workmanship. During this period, if the customer experiences difficulties with a Kofax board product and is unable to resolve the problem with Kofax Customer Support, an RMA will be issued. Following receipt of an RMA, the customer is responsible for returning the product to Kofax, freight prepaid. Kofax, upon verification of warranty will, at its option, repair or replace the product in question, and return it to the customer freight prepaid.
LIMITED WARRANTY ON SOFTWARE MEDIA - To the original licensee only, Kofax warrants the magnetic media on which the software is recorded to be free from defects and faulty workmanship under normal use and service for a period of one hundred eighty (180) days from the date the software is shipped. If, during this one hundred eighty (180) day period, a defect in the media should occur, the media may be returned to Kofax and Kofax will replace the media without charge to you. Your sole and exclusive remedy in the event of a defect is expressly limited to replacement of the media as provided above. If the failure of the media results from accident, abuse or misapplication of the disk, then Kofax shall have no responsibility to replace the media under the terms of this limited warranty.
LIMITATION OF SOFTWARE WARRANTY - Kofax does not and cannot warrant that: (i) the performance or results that may be obtained by using the software or (ii) the software is appropriate for your purposes or that it is error free. ACCORDINGLY, THE SOFTWARE AND ITS DOCUMENTATION ARE LICENSED "AS IS" WITHOUT WARRANTY AS TO THEIR QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE IS ASSUMED BY YOU.
CABLE WARRANTY - (Return to Factory) - All Kofax provided cables are warranted for ninety (90) days from the date of shipment.
Questionable cables should be returned to Kofax, freight prepaid, where they will be repaired or replaced by Kofax at its option and returned to the customer freight prepaid.
RETURN TO FACTORY - All of the warranties referenced above provide for corrective action on products returned to the Kofax factory accompanied by an RMA.
On-site services are not included as a part of these warranties.
GENERAL TERMS - The above warranties shall not apply to expendable components such as fuses, bulbs, etc., nor to connectors and other items not a part of the basic product. Kofax shall have no obligation to make repairs or to cause replacement required by normal wear and tear or necessitated in whole or in part by catastrophe, fault or negligence of the user, improper or unauthorized use of the product, or use of the Product in such a manner for which it was not designed, or by causes external to the Product, such as, but not limited to, power failure or environmental problems. Kofax's sole obligation hereunder shall be to repair or replace items covered in the above warranties. Purchaser shall provide for removal of the defective Product, shipping charges for return to Kofax, and installation of its replacement. Above warranties are subject to change without notice.
RETURNED MATERIAL - Warranty claims must be received by Kofax within the applicable warranty period. A replaced product, or part thereof, shall become the property of Kofax and shall be returned to Kofax at Purchaser's expense. All returned material must be accompanied by an RMA assigned by Kofax.
If product(s) returned under the provisions of this Warranty are subsequently determined by Kofax to be functionally operational and in accordance with its published specifications, i.e., "No Defect Found" (NDF), then Purchaser will be charged an NDF fee and the Product shall be returned to Purchaser freight collect.
THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED BY KOFAX. THE STANDARD EXPRESS WARRANTIES ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF KOFAX FOR DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS.
SPECIAL NOTICE TO CONSUMERS - SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subdivision (b) (3) (ii) of The Rights in Technical Data and Computer Software clause at 252.227-7013. Contractor / manufacturer is Kofax Image Products, Inc., 16245 Laguna Canyon Road, Irvine, CA 92618
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