O’Qualia warrants to the original retail purchaser of CAPTOR (the “Product”) that at the time of purchase that this product is free from material defect in materials and workmanship. Should this Product fail during normal consumer usage and conditions due to defective material or workmanship within one year from the date of purchase, or such longer period as is required by applicable law (“Warranty Period”), such defect(s) will be repaired or replaced at O’Qualia’s option, without charge for parts or labor directly related to the defect(s).
This Warranty extends only to consumers who purchase the product from O’Qualia or an O’Qualia authorized reseller and is not transferable or assignable. This Warranty does not apply to: (1) Product subjected to abnormal use or conditions, accident (including without limitation, collision, crash or fire), alteration, or improper repair; (2) damage from exposure to moisture or extreme environmental conditions; (3) damage from use with any accessory, software or other product not expressly authorised by O’Qualia; (4) damage from external causes such as dirt, sand, battery leakage, blown fuse, or improper usage of any electrical source; (5) use in violation of law or ordinances in effect in the jurisdiction in which the Product is used.
O’Qualia assumes no liability for any accident, injury, death, loss, or other claim related to or resulting from the use of this product. O’Qualia makes no other warranties for CAPTOR and makes no warranties whatsoever for service, software, maintenance or support for non-O’Qualia branded products. Such products, service, software, maintenance or support is provided by O’Qualia “As Is” and any third-party warranties, products, software, services, maintenance or support are provided by the original manufacturer or supplier, not by O’Qualia.
Software is subject to the separate software license agreement accompanying or made available to you in connection with the software. A portion of the software contains or consists of open-source software, which you may use under the terms and conditions of the specific license under which the open-source software is distributed. You agree that you will be bound by any and all such license agreements and that your usage of this product indicates your acceptance of those agreements. Title to software remains with the applicable licensor(s). In no event will O’Qualia be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the software.
THE EXTENT OF O’QUALIA’S LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT PROVIDED ABOVE AND, IN NO EVENT, SHALL ITS LIABILITY EXCEED THE PURCHASE PRICE PAID BY PURCHASER FOR THE PRODUCT.