Product warranty

SIGHTFUL LIMITED WARRANTY (USA)

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PLEASE READ THIS LIMITED WARRANTY (USA) (“LIMITED WARRANTY”) CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS IN CONNECTION WITH YOUR PRODUCT.

Limited Product Warranty

Sightful Inc., (“Sightful”) and its affiliates warrant to the original purchaser (“you”) of Sightful’s Spacetop hardware product (the “Product”) sold by Sightful and/or its affiliates or an authorized reseller, that the Product will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery to you (the “Warranty Period”).  This limited product warranty (“Limited Product Warranty”) is subject to certain exclusions and limitations that are described below.

Remedies

If a defect in materials or workmanship arises in the Product’s hardware (a “Product Defect”) during the Warranty Period and Sightful receives a valid claim for the Product Defect during the Warranty Period, Sightful (and its affiliates) or its suppliers, at its or their sole discretion and to the extent permitted by law, may either (1) repair the Product at no charge, using new or refurbished replacement parts; or (2) replace the Product with a new or refurbished Product. If Sightful and/or its affiliates or its suppliers, in its or their sole discretion, determine it is not reasonable to replace the defective Product, Sightful and/or its affiliates may refund to you the purchase price paid for the Product. In the event of a Product Defect, to the extent permitted by law, these are your sole and exclusive remedies. You may be responsible for payment of shipping and handling charges for the delivery of a repaired or replacement Product, except where prohibited by applicable law.

This Limited Product Warranty is valid only in the jurisdictions where the Products are sold by Sightful and/or Sightful’s affiliates, or through its authorized reseller, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any repaired or replacement Product parts under this Limited Product Warranty will be warranted for thirty (30) days from the date Sightful delivers the repaired or replacement Product to you, the remainder of the original Warranty Period, or for any additional period of time that may be applicable in your jurisdiction. 

How to Obtain Warranty Service; How to File a Warranty Claim

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To obtain warranty service under this Limited Product Warranty, you must notify Sightful of the Product Defect within the Warranty Period by e-mailing support@sightful.com to begin your claim. 

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To start a claim, you must obtain a Return Material Authorization (RMA) number from Sightful, which you can request from our support team by emailing us at support@sightful.com. In your request, you must include the serial number of the Product, a brief explanation for why you are requesting a return as well as photographs of the damage or defect (to the extent visible) and a description of the steps you have taken to troubleshoot the problem and any other information requested by Sightful or its affiliates.  We may also require that you also provide proof of purchase details to obtain the RMA.

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Once you receive an RMA, return the Product to Sightful, and if requested, with a proof of purchase indicating the date purchased (such as the receipt), to the address specified by Sightful. You must package the returned items either in its original packaging or packaging providing an equal degree of protection, and mark the RMA number on the packaging. 

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Any Product returned to Sightful without a valid warranty claim or without an RMA number may be rejected, returned to you unopened at your cost (subject to prepayment) and risk, in Sightful’s and/or its affiliates’ sole discretion with no further liability of obligation to you.

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Claims must be made within the Warranty Period. 

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Limited Warranty Exclusions and Limitations

This Limited Warranty does not apply to, the term “Product” does not include, and neither Sightful nor its affiliates shall have responsibility or obligations with respect to, any: (a) consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship in the Product; or (b) software, even if packaged or sold with the Product or embedded in the Product (e.g., firmware and/or system software).  Please refer to the applicable licensing agreement that covers such software for details of your rights with respect to its use.  This Limited Product Warranty does not apply to any defects or parts requiring replacement due to ordinary wear and tear, rust or stains, scratches, dents and broken plastic or any damage to the Product caused by any of the following: 

• Accident, abuse, crash, neglect, or other abnormal, excessive, or improper use of the Product (i.e., use of the Product outside the permitted or intended uses described by us in the applicable product specifications and usage manuals). 
• External causes such as spillage of food or liquid, power surges, fire, earthquake, or flood.
• Improper assembly of the Product or components thereof or improper installation of components, parts, or accessories, including the installation of components, parts or accessories not originally intended for or compatible with the Product.
• Use with another product.
• Improper alteration of the Product, including to modify the Product’s functionality or capability without the written permission of Sightful.  

For the avoidance of doubt, recovery and reinstallation of software programs and user data are not covered under this Limited Product Warranty.  It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product.  It is likely that such data, software, or other materials will be lost or reformatted during the performance of any warranty service, and neither Sightful nor its affiliates will be responsible for any such damage or loss. 

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No Sightful reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

DISCLAIMER AND IMPLIED WARRANTIES AND CONDITIONS

NEITHER SIGHTFUL NOR ITS AFFILIATES  WARRANT THAT THE OPERATIONS OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.  EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE) WILL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED PRODUCT WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THIS LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED PRODUCT WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

LIMITATION ON LIABILITY

TO THE FULL EXTENT PERMITTED BY LAW, NEITHER SIGHTFUL NOR ITS AFFILIATES OR SUPPLIERS SHALL BE RESPONSIBLE FOR ANY OF THE FOLLOWING, EVEN IF SIGHTFUL AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY: (A) SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION; OR (B) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, THE REPLACEMENT OF EQUIPMENT AND PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

THIS LIMITED PRODUCT WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

Governing Law

This Limited Product Warranty will be governed by the laws of the State of New York, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

Rights under U.S. State or Non-U.S. National Legislation

This warranty gives you specific legal rights, and you may also have other rights which vary from State to State or from jurisdiction to jurisdiction.

Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. To the extent such rights may not be waived under applicable law, these rights are not affected by the warranties, exclusions, disclaimers, and limitations in this Limited Warranty.

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