Limited Hardware Warranty and Support Terms

Thank you for purchasing NearHub Products.

The warranties provided by Ningbo Auditoryworks Co., Ltd. (NearHub) in this Limited Hardware Warranty apply only to Hardware Products you purchase for your use, and not for resale. The term “Hardware Product” means a computing device with a specific function and limited configuration ability. The Hardware Product is sold by NearHub for the purpose of executing the specific NearHub Software supplied with it. NOTHING IN THIS STATEMENT OF LIMITED WARRANTY AFFECTS ANY STATUTORY RIGHTS OF CONSUMERS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

LIMITED HARDWARE WARRANTY

NearHub warrants that the hardware components of its Hardware Product shall be free from material defects in design, materials, and workmanship and will function, under normal use and circumstances, in accordance with the documentation provided, for a period of twelve (12) months from the date of activation of the Hardware Product. If the Hardware Product has not been activated, the warranty will be valid for fifteen (15) months from the date of NearHub’s shipment of the Hardware Product (“Warranty Period”).

After the Warranty Period, certain return material authorization (“RMA”) services, as provided by NearHub (which are not covered under this warranty), are available for all Hardware Products pursuant to a purchased and active NearHub support agreement.

Your sole and exclusive remedy, and NearHub’s sole and exclusive liability for defective hardware components, shall be that NearHub, subject to the terms and conditions of this section, and solely upon confirmation of a defect or failure of a hardware component to perform as warranted, shall at its sole option, either repair or replace the nonconforming hardware component or return of the price paid for the Hardware Product. All replacement parts furnished to you under this warranty shall be refurbished and equivalent to new, and shall be warranted as new for the remainder of the original warranty period. If a hardware failure occurs in the first 30 days from the product’s software activation, NearHub will replace it with new part or full unit as may be needed. All defective parts, which have been replaced, shall become the property of NearHub. All defective parts that have been repaired shall remain Your property. This warranty gives You specific legal rights. You may have other rights that vary from state to state.

EXCLUSIONS

The foregoing warranties and remedies shall be void as to any Hardware Products damaged or rendered unserviceable by one or more of the following: (1) improper or inadequate maintenance by anyone other than NearHub or NearHub’s authorized agents, (2) software or interfacing supplied by anyone other than NearHub, (3) modifications, alterations or additions to the Hardware Products by personnel not certified by NearHub or NearHub’s authorized agents to perform such acts, or other unauthorized repair, installation or opening or other causes beyond NearHub’s control, (4) unreasonable refusal to agree with engineering change notice programs, (5) negligence by any person other than NearHub or NearHub’s authorized agents, (6) misuse, abuse, accident, electrical irregularity, theft, vandalism, fire, water or other peril, (7) damage caused by containment and/or operation outside the environmental specifications for the Hardware Products, (8) alteration or connection of the Hardware Products to other systems, equipment or devices (other than those specifically approved by NearHub) without the prior approval of NearHub, or (9) any use that is inconsistent with the user manual supplied with the Hardware Product. The warranty period is not extended if NearHub repairs or replaces a warranted product or any parts. NearHub may change the availability of limited hardware warranties, at its discretion, but any changes will not be retroactive.

HARDWARE RETURN PROCEDURES

If a Hardware Product or one of its component parts does not function as warranted during the warranty period, and such nonconformance can be verified by NearHub, NearHub, at its election, will provide either return and replacement service or replacement with a refurbished part/unit for the Hardware Product under the type of warranty service NearHub designates for that Hardware Product. A defective Hardware Product or one of its component parts may only be returned to NearHub upon NearHub’s prior written approval. Any such approval shall reference an RMA number issued by an authorized NearHub service representative. To request an RMA number, you or your local NearHub Certified Solution Provider (“CCSP/CSP/ACSP”) must contact NearHub’s Technical Assistance Center (“TAC”) and open a Service Request. You should always register the Hardware Product in your NearHub User Center account. If you do not register the Hardware Product with NearHub, you may be required to present proof of purchase as evidence of your entitlement to warranty service. The Hardware Product’s identification number will be required for all RMA cases. Transportation costs, if any, incurred in connection with the return of a defective Hardware Product to NearHub shall be borne by You. Any transportation costs incurred in connection with the redelivery of a repaired or replacement item to You by NearHub shall be borne by NearHub; provided, however, that if NearHub determines, in its sole discretion, that the allegedly defective item is not covered by the terms and conditions of the warranty or that a warranty claim is made after the warranty period, the cost of the repair by NearHub, including all shipping expenses, shall be reimbursed by You.

HARDWARE REPLACEMENT PROCEDURES

NearHub will attempt to diagnose and resolve your problem over the phone or web. Upon determination of the hardware issue is related to a malfunction of one of the Hardware Product components, an RMA process will be initiated by NearHub’s TAC. NearHub’s TAC will either issue a replacement of the faulty part (like Power Supply, TV set, etc.) or a full Unit Replacement. For Warranty Replacement service, it is required that you deliver the faulty unit to a location NearHub designates and provide courier name and tracking number to NearHub’s TAC. After the Faulty unit is returned to NearHub, NearHub will use commercially reasonable efforts to ship the replacement hardware within seven (7) business days. Actual delivery times may vary depending on Your location. NearHub’s TAC will send the required hardware to the Hardware Product’s physical location, as it appears in your User Center and as verified with You when opening the Support Service Request. For Hardware Advanced Replacement, support options Standard, Standard Onsite, Premium, and Premium Onsite are available for customers who have purchased the Hardware Product support plan with NearHub. More information on the NearHub support programs is specified on NearHub’s website.

ADDITIONAL RESPONSIBILITIES

You agree:

1. Before NearHub or its partner exchanges a Hardware Product or part, to remove all features, parts, options, alterations, data and attachments not under warranty service and ensure that the Hardware Product is free of any legal obligations or restrictions that prevent its exchange.
2. To obtain authorization from the owner to have NearHub or its partner service a Hardware Product that you do not own.
3. Where applicable, before service is provided:
   3.1 Follow the service request procedures that NearHub or its partner provides;
   3.2 Backup and secure all programs and data in the Hardware Product;
   3.3 Inform NearHub or its partner of changes in the Hardware Product physical location.
4. To provide NearHub or its partner with sufficient and safe access to your facilities to permit NearHub to fulfill its obligations.
5. To ship back the faulty Hardware Product (or replaceable unit) suitably packaged according to the guidelines as NearHub specified in the letter shipped with the RMA, to the NearHub designated location.
6. You shall ship the faulty Hardware Product once TAC approves the RMA and provide the courier name and tracking number to TAC before NearHub processes the RMA.
7. If you are a customer who has purchased the support plan with NearHub covering Advanced Replacement Service, You will ship the faulty Hardware Product within five (5) business days of the arrival of the RMA, or pay the standard NearHub list price of replacement Hardware Product.
8. To securely erase from any Hardware Product you return to NearHub for any reason all programs and data not provided by NearHub with the Hardware Product. You acknowledge that in order to perform its responsibilities under this Limited Hardware Warranty, NearHub may ship all or part of the Hardware Product or its software to third party locations around the world, and you authorize NearHub to do so.

LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, NEITHER NearHub NOR ITS SUPPLIERS WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, REGARDLESS OF WHETHER NearHub OR ITS SUPPLIERS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR: (i) ANY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST DATA OR LOST PROFITS; OR (ii) FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR (iii) FOR ANY CLAIMS BASED ON ANY ERROR, DEFECT OR NONCONFORMITY IN THE PRODUCTS OR SERVICE, FOR ANY AMOUNT IN EXCESS OF THE PRICE PAID TO NearHub FOR SUCH DEFECTIVE PRODUCT(S) OR SERVICE; OR (IV) FOR ALL OTHER CLAIMS NOT RELATED TO AN ERROR, DEFECT OR NONCONFORMITY IN THE HARDWARE PRODUCTS, ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE AMOUNT PAID TO NearHub HEREUNDER DURING THE THREE (3) MONTHS PRECEDING THE DATE THE CAUSE OF ACTION AROSE.

GOVERNMENT REGULATION AND EXPORT CONTROL

1. In the course of receiving Limited Hardware Warranty services, You agree that you will not ship, transfer, or export the Hardware Product into any country, or make available or use the Hardware Product in any manner, prohibited by law.
2. The Hardware Product is subject to export control laws of the United States of America and/or other countries and/or may be subject to additional export control laws applicable to You or in your jurisdiction.
3. You understand and acknowledge that upon entry of the Hardware Product into the United States, it becomes subject to regulation by agencies of the U.S. government, including the U.S. Department of Commerce, which prohibit export or diversion of certain products and technology to certain countries. Any and all of Your obligations with respect to the Hardware Product shall be subject in all respects to such United States laws and regulations as shall from time to time govern the license and delivery of technology and products abroad by persons subject to the jurisdiction of the United States, including the Export Administration Act of 1979, as amended, any successor legislation, and the Export Administration Regulations (“EAR”) issued by the Department of Commerce, International Trade Administration, and Bureau of Export Administration. You warrant that You will comply in all respects with the export and re-export restrictions applicable to the Hardware Product and will otherwise comply with the EAR or other United States laws and regulations in effect from time to time.

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You may contact NearHub technical support by web request, or you’ll be able to refer to NearHub Help Center or Academy for more information.