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Matrox Limited Warranty

Limited Warranty Statement
1.  Matrox* ("Matrox") having its head office at 1055 St-Regis Blvd., Dorval, Quebec Canada tel: (514) 822-6000 warrants that the Matrox hardware products (the "Matrox Product") will be free from defects in materials and workmanship under normal use for a period of three (3) years from the date of purchase by the original customer ("Customer" or "You") who provides adequate proof of purchase and payment (for example, a copy of your sales receipt or purchase invoice). The warranties provided by Matrox in this Matrox limited warranty statement apply only to Matrox Products that the Customer purchases for use, and not for resale. This warranty applies only to the original Customer and is non-transferable. MATROX DOES NOT WARRANT THAT THE OPERATION OF THE MATROX PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE MATROX PRODUCT WILL BE CORRECTED, OR THAT THE MATROX PRODUCT WILL MEET THE CUSTOMER'S REQUIREMENTS OR PERFORM WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES. Conditions and limitations of Matrox's warranty are stated below.
2. Matrox's limited warranty applies only to the Matrox Product entirely manufactured by or for Matrox. The limited warranty does not apply to any non-Matrox hardware products or any software, even if packaged or sold with the Matrox Product. Manufacturers, suppliers or publishers other than Matrox may provide their own warranties to the Customer, but Matrox, insofar as permitted by law, provides their products "as is." Software provided by Matrox is not covered under this limited warranty (please refer to the licensing agreement accompanying the software for details of the terms applicable to such).
3. Matrox's limited warranty covers only those defects which arise as a result of normal use of the Matrox Product and does not apply to any damage which arises from:
a. improper or inadequate maintenance;
b. incompatibilities due to the Customer's hardware or software applications, including non-Matrox products, with or in which the Matrox Product interfaces;
c. Matrox Product of a special or custom-made nature;
d. unauthorized modification or misuse, including physical damage to the Matrox Product caused by the Customer or due to transportation of the product;
e. improper installation, abuse, misapplication or negligence;
f. failure to follow instructions relating to Matrox Product's use;
g. operation outside the Matrox Product's environmental specifications;
h. improper site preparation or maintenance;
i. software;
j. service performed by anyone who is not a representative of Matrox;
k. other causes that do not relate to a Matrox Product defect;
l. defects or damage suffered as a result of force majeure (including theft);
m. defects or damage suffered as a result of normal wear and tear or otherwise due to the normal aging of the Matrox Product, and/or
n. stolen goods.
The warranty is voided by removal or alteration of identification labels on the Matrox Product or its parts.
4. In the event of a defect in a Matrox Product during the applicable warranty period, Matrox shall at its sole option, either i) repair the defect using new or refurbished parts and return the repaired Matrox Product within a reasonable delay; or ii) replace the Matrox Product with a Matrox Product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Matrox Product and send such replacement Matrox Product within a reasonable delay.
5. A replacement Matrox Product or part assumes the remaining warranty of the original Matrox Product. When a Matrox Product or part is replaced, any replacement item becomes the Customer's property and the replaced item becomes Matrox's property.
6. This warranty is valid in any country where Matrox Products are distributed by Matrox and/or its authorized resellers, dealers or distributors.
7. This limited warranty gives the Customer specific legal rights. The Customer may also have other rights which vary from state to state in the United States, from province to province in Canada, and from country to country elsewhere in the world.
8. For Australian Consumers: The rights described in this warranty are in addition to the statutory rights to which You may be entitled under the Competition and Consumer Act 2010 and other applicable Australian consumer protection laws and regulations. Our Matrox Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

Limitations of Warranty
1.  TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS. NEITHER MATROX NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO MATROX PRODUCTS. MATROX SPECIFICALLY DISCLAIMS (AND THE CUSTOMER, BY ACCEPTING THE MATROX PRODUCT, SPECIFICALLY ACCEPTS SUCH DISCLAIMER AND WAIVES) ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR OR INTENDED PURPOSE OR USE AND THE WARRANTY AGAINST LATENT DEFECTS, WITH RESPECT TO THE HARDWARE AND/OR SOFTWARE. MATROX FURTHER DISCLAIMS ANY WARRANTY THAT MATROX PRODUCTS, IN WHOLE OR IN PART, WILL BE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY PATENTS, OR PROPRIETARY RIGHTS.
2.  To the extent that this limited warranty is inconsistent with the law of the locality where the Customer purchases the Matrox Product, this limited warranty shall be deemed modified to be consistent with such local law. Under such local law, certain limitations of this limited warranty may not apply to the consumer. If Matrox cannot lawfully disclaim statutory or implied warranties, then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express warranty and to repair or replacement service as determined by Matrox at its sole discretion.
3. Matrox disclaims any representation that it will be able to repair any Matrox Product under this warranty or make a Matrox Product exchange without risk to or loss of the programs or data.
4. To the extent allowed by local law, the remedies provided in this limited warranty are the Customer's sole and exclusive remedies.

Limitations of Liability
1.  EXCEPT FOR THE OBLIGATIONS SPECIFICALLY SET FORTH IN THE LIMITED WARRANTY, IN NO EVENT SHALL MATROX BE LIABLE FOR:
a. any direct, indirect, special, incidental, consequential, foreseeable or unforeseeable, or punitive damages, whether based on contract, tort, delict or any other legal theory and whether advised of the possibility of such damages; and/or
b. damages arising from the loss of use, data, Matrox Production revenue, use of money, anticipated savings, procurement of substitute goods, business, opportunity, goodwill, reputation and/or profit in connection with the Matrox Product or any business interruption.
c. Matrox disclaims and shall have no obligation to indemnify or defend You or any third party in respect of any actual or alleged infringement of any actual or pending patents, copyright or other intellectual property rights. Matrox shall have no liability arising out of any such actual or alleged intellectual property infringement.
2.  Without prejudice to the foregoing, any liability of Matrox for any breach of warranty shall be limited to the actual amount paid by the Customer for the defective hardware in question.
3.  To the extent allowed by local law, Matrox's entire liability and the Customer's exclusive remedy shall be the repair or replacement of any defective Matrox Product during the warranty period. Matrox does not offer any other warranty with respect to Matrox hardware or software or any other hardware or software.
4.  Customer shall be responsible for all applicable taxes, duties and customs fees on any replacement unit, as well as all transport, insurance, storage and other charges incurred on all returned Matrox Products.
5.  Matrox reserves the right to change its warranties at any time and without notice, at its sole discretion, with respect to future sales and deliveries.
6.  UNAUTHORIZED USE. THE MATROX PRODUCT AND ANY DOCUMENTATION RELATED THERETO ARE NOT DESIGNED, INTENDED, AUTHORIZED OR WARRANTED TO BE SUITABLE FOR USE OR RESALE IN ANY TYPE OF SYSTEM OR OTHER APPLICATIONS RELATED TO, HAZARDOUS OR POTENTIALLY HAZARDOUS ENVIRONMENTS OR APPLICATIONS REQUIRING HIGH-AVAILABILITY OR FAIL-SAFE PERFORMANCE, WHERE PERSONAL INJURY OR DEATH MAY OCCUR, SUCH AS MEDICAL SYSTEMS, LIFE SUSTAINING, LIFE SAVING SYSTEMS, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, PUBLIC WORKS, WEAPONS SYSTEMS, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF A MATROX PRODUCT COULD LEAD TO PROPERTY DAMAGE, ENVIRONMENTAL DAMAGE, OR PERSONAL INJURY. CUSTOMER WILL NOT USE, OR PERMIT TO BE USED, THE MATROX PRODUCTS FOR SUCH HIGH-AVAILABILITY, FAIL-SAFE OR CRITICAL APPLICATIONS AND FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS MATROX AND ITS MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY ACTION, SUIT, PROCEEDING, COST, EXPENSE, DAMAGES, AND LIABILITY (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES) ARISING OUT OF, OR RELATED TO, THE BREACH OF CUSTOMER'S OBLIGATIONS RELATED HERETO, EVEN IF SUCH CLAIM ALLEGES THAT MATROX WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE MATROX PRODUCT.

Obtaining Service (whether in or out of warranty)
1.  Verify that your Matrox Product was installed and configured according to the information in its accompanying documentation or at the web site referenced therein.
2.  Read the "Troubleshooting" information included with the Matrox Product or at the web site referenced therein, to verify if the problem can be easily solved.
3.  If You are still experiencing difficulties, please contact your dealer or distributor where You purchased your Matrox Product. Please go to http://www.matrox.com/hr/en/company/legal/en/warranty, to find the list of Matrox authorized dealers and/or distributors in your area.
4.  Alternatively, if this first option is unavailable to You and you are still experiencing problems or if you believe that your product is defective, please contact the Matrox Support team. We will help you troubleshoot your issue and process a replacement if it is found to be defective. Matrox support team can be reached at http://www.matrox.com/hr/en/company/legal/en/warranty.
5.  Before returning the Matrox Product, please back up any and all information or data thereon, including, without limitation, confidential, proprietary, personal or other information. All data and information on the Matrox Product will be lost given that the persistent storage device(s) will be reformatted to factory default during testing; and Matrox cannot, and does not, accept any responsibility for any information that may be lost, corrupted, damaged or otherwise rendered inaccessible.
6.  When returning a Matrox Product, leave the configuration as it was when You were using it, and leave all identification stickers on the Matrox Product. Pack the Matrox Product in its original box and return it to your Matrox dealer or distributor where the Matrox Product was purchased, together with your proof of purchase. Your Matrox dealer or distributor will return the Matrox Product for You. Alternatively, You may proceed by returning your Matrox Product by following the guidelines referred to at the following address http://www.matrox.com/hr/en/company/legal/en/warranty, and follow the link to Customer Support, where a Return Merchandise Authorization (RMA) number will be issued, upon receipt of adequate proof of purchase, and shipping instructions will be given to you. Customer will be responsible in paying the freight to send the Matrox Product for service. Please ensure that the product is in Electrostatic discharge (ESD) packaging before shipping it back to Matrox or else the warranty shall be void.
DO NOT RETURN THE MATROX PRODUCT TO MATROX WITHOUT MATROX'S RMA NUMBER AND EXPRESS AUTHORIZATION.
Once an RMA number is issued, the Matrox Product must be returned to Matrox within thirty (30) days.
NON-WARRANTY product will be shipped back to You collect or on your courier account number, if one is provided.

General
1.  This limited warranty shall be governed by the laws of the Province of Quebec, Canada and the federal laws of Canada applicable therein and the courts of the Province of Quebec shall have exclusive jurisdiction to hear and decide any dispute instituted by the Customer in connection with this limited warranty; the Customer waives, by accepting the Matrox Product, its rights to institute proceedings in connection with this warranty against Matrox in any jurisdiction other than Quebec. Customer hereby agrees to all terms of this warranty in the English language. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this warranty and is strictly excluded.
2.  Except as may be expressly agreed to the contrary in a signed written agreement between Customer and Matrox, i) any written or oral information or advice given by Matrox's distributors, agents or employees will in no way increase the scope of the limited warranty contained in this limited warranty; and ii) this limited warranty states the only warranty made to You by Matrox with respect to the units of Matrox Product that You have purchased, and the terms of this limited warranty shall override the terms of any purchase orders and any other terms and understandings You may seek to apply in respect thereof.
3.  This limited warranty is personal to You and cannot be assigned or transferred without Matrox's prior written agreement.
4.  The failure by Matrox to enforce any of the provisions of this limited warranty shall not constitute a waiver of Matrox's rights to enforce such provision or any other provision of this limited warranty in the future.
5.  If any clause in this limited warranty is held by a court of law to be illegal or unenforceable the remaining provisions of this limited warranty shall not be affected thereby.

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