(This Limited Warranty applies to Hayes Products sold within the borders of the United States of America.)
Who is Covered by This Warranty?
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This limited warranty ("Warranty") is extended by Hayes Microcomputer Products, Inc. ("Hayes") only to the original end user purchaser of the accompanying HAYES SOFTWARE PRODUCT ("Program" and Product").
What Does This Warranty Cover?
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This Warranty covers (l) defects in materials and workmanship, under normal use and service, in the Hardware and Program magnetic diskettes ("Defects"), and (2) any failure of the Product to perform substantially in accordance with the description in the documentation accompanying the Product ("Performance"). This Warranty is in lieu of all other express warranties which might otherwise arise with respect to the Product. No one is authorized to change or add to this Warranty.
What Does This Warranty NOT Cover?
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Hayes does not warrant or guarantee you uninterrupted service, the correction of any error or elimination of any "bug". You are solely responsible for any failure of the Product which results from accident, abuse, misapplication, alteration of the Product, or use of the Product outside of the U.S.A. Hayes assumes no liability for any events arising out of the use of any technical information accompanying the Product. THIS WARRANTY APPLIES TO THE PRODUCT ONLY AND DOES NOT COVER ANY OTHER SOFTWARE OR HARDWARE WHICH MAY BE INCLUDED WITH YOUR PURCHASE OF THE PRODUCT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY SOFTWARE OTHER THAN THE PROGRAM IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. INCIDENTAL AND CONSEQUENTIAL DAMAGES CAUSED BY MALFUNCTION, DEFAULT, OR OTHERWISE WITH RESPECT TO BREACH OF THIS WARRANTY OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARE NOT THE RESPONSIBILITY OF HAYES AND ARE HEREBY EXCLUDED BOTH FOR PROPERTY AND, TO THE EXTENT NOT UNCONSCIONABLE, FOR PERSONAL INJURY DAMAGE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. This Warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
What is the Period of Coverage?
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The period of coverage for the enclosed Hardware and/or Program is set forth on the Warranty Period Chart attached hereto and made a part hereof. If the Chart indicates that Hayes offers an Extended Protection Plan ("Plan") for the enclosed Hardware and/or Program and you select the Plan, the period of coverage for the Hardware and/or Program would be the total of the original Warranty Period and the Plan period. ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SHALL TERMINATE AUTOMATICALLY UPON THE EXPIRATION OF THE PERIOD OF COVERAGE. Some states do not allow limitations on how long the implied warranty lasts, so the above limitation may not apply to you.
In the event of a malfunction attributable directly to Defects or Performance, Hayes will, at its option, repair the Product, to whatever extent Hayes deems necessary to restore the Product to proper working condition, or replace the Product with a new or functionally equivalent product of equal value, or refund an amount equal to the lesser of (l) the purchase price paid for the Product or (2) the then effective Hayes Estimated Retail Price for the Product. THE REMEDY DESCRIBED ABOVE IS THE EXCLUSIVE REMEDY EXTENDED TO YOU BY HAYES FOR ANY DEFAULT, MALFUNCTION, OR FAILURE OF THE PRODUCT TO CONFORM WITH THIS WARRANTY OR OTHERWISE FOR BREACH OF THIS WARRANTY OR ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED.
How Do You Obtain Warranty Service?
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To obtain warranty service, you must either call the Customer Service number or write to Hayes Microcomputer Products, Inc., P.O. Box 105203, Atlanta, GA 30348, Attn: Customer Service. You must return the Product, along with the return authorization number given to you by Customer Service and proof of date of purchase, or after expiration of the Warranty period, Hayes will, at its option, repair the Product and charge you for parts and labor or replace the Product and charge you the then effective Estimated Retail Price for the Product, unless Hayes has discontinued the manufacture or distribution of such products because of technical obsolescence.
