Product Warranty

Product Warranty. NetGen warrants that each NetGen standard product will contain no defects in manufacture and will conform to the applicable Product specifications for 36 months after the date such Product is shipped to Buyer (as applicable, the “Warranty Period”). If Buyer provides NetGen with written notice of any defect within the Warranty Period or within 10 days after the expiration thereof, NetGen, at its sole option, will either:

(i) repair or replace the defective Product,
(ii) examine the Product and confirm in writing that it is not defective, or
(iii) refund to Buyer the purchase price paid for the Product. The foregoing remedy shall be Buyer’s sole and exclusive remedy and NetGen’s sole liability, for any breach of this warranty.

Except for the foregoing, and to the maximum extent permitted by applicable law, NetGen provides the Software “as is” and with all faults, and hereby disclaims all representations, warranties and conditions, whether express, implied, or statutory, including but not limited to any (if any) implied representations, warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, and lack of negligence or lack of workmanlike effort.

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