1. Dead On Arrival ("DOA")

This limited warranty is non-transferable and extends only to the original end-user purchaser who acquired the Hardware from an Authorized Partner who has the right to sell in the end-user’s territory. 3Metas explicitly disclaims any warranty obligations for Hardware that is sold outside of the assigned territory of an Authorized Partner. Your exclusive remedy and 3Metas’ entire liability under this limited warranty will be for 3Metas, at its option, to (a) repair the Hardware with new or refurbished parts, or (b) replace the Hardware with a reasonably available equivalent new or refurbished 3Metas Hardware. Any repaired or replacement Hardware will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer. All Hardware and parts that are replaced become the property of 3Metas.

For up to thirty (30) days from the Start Date, 3Metas will provide expedited replacement of affected field replaceable units of Hardware that fail to operate within twenty-four (24) hours of initial installation. For purposes of this DOA policy, "fail to operate" shall mean a material failure to substantially perform in accordance with the Hardware's technical specifications and shall not include cosmetic or other deficiencies that do not materially affect Hardware performance. A new field replaceable unit will be shipped from 3Metas' manufacturing facilities within two (2) business days of 3Metas' receipt and validation of customer's notification of an inoperative unit. Notification must be sent by customer via online. Defective Hardware must be returned within thirty (30) days of failure, or customer pays purchase price of replacement Hardware.

3Metas warrants solely to the original end user purchaser (“Purchaser”) that hardware (“Hardware”) purchased from 3Metas or our Authorized Partners will be free from defects in materials and workmanship when used within the limits set forth in the documentation (data sheet and user manual) for a period of twelve (12) months, starting from the time of shipment of the Hardware.

Transportation costs, if any, incurred in connection with the return of a defective item to 3Metas shall be borne by customer to the in-country location, if available. 3Metas shall pay any transportation costs incurred with the redelivery of a repaired or replaced item. If, however, 3Metas reasonably determines that the item is functional, the customer shall pay any transportation cost. If 3Metas determines, at its sole discretion, that the allegedly defective item is not covered by the terms of the warranty provided hereunder or that a warranty claim is made after the warranty period, the cost of repair by 3Metas, including all shipping expenses, shall be paid by customer.

In cases of extreme circumstance, the time allowed for 3Metas Corp. to comply with the provision of the agreed service will be extended by a period equal to the duration of the delay caused by the event 3Metas Corp. reserves the right to choose suppliers who will supply the equipment and materials that are within the technical services contracted by the client. Similarly, they can outsource their service providers to be trained, audited and verified by 3Metas Corp.

2. Exclusion and Limitations

This limited warranty does not apply if:

• The Hardware assembly seal has been removed or damaged.
• The Hardware/Software has been altered or modified, except by 3Metas.
• The Hardware/Software damage was caused by use with non 3Metas Hardware/Software.
  
• The Hardware/Software has not been installed, operated, repaired, or maintained in accordance with instructions supplied by 3Metas.
  
• The Hardware/Software has been subjected to abnormal physical or electrical stress, abuse, use or procedures prohibited by equipment specifications and / or the manual, misuse, negligence, or accident.
  
• The serial number on the Hardware has been altered, defaced, or removed.
  
• The Hardware is supplied or licensed for beta, evaluation, promotional, testing or demonstration purposes for which 3Metas does not charge a purchase price or license fee.
  
• Software errors, data recovery/transfer, or corruption that cause poor performance or loss of functionality of the computer is not covered by any manufacturer's warranty.
  
• 3Metas does not support any applications or software except for Microsoft Windows or Mac Operating Systems.
  
• Customer is responsible for determining application compatibility with any operating system they've enlisted 3Metas to install or upgrade to.
  

ALL SOFTWARE PROVIDED BY 3METAS WITH OR WITHOUT THE HARDWARE, WHETHER FACTORY LOADED ON THE HARDWARE OR CONTAINED ON MEDIA ACCOMPANYING THE HARDWARE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

3. Data

Customer is responsible for data backup before repair. 3Metas is not responsible for data loss for any reason including:

• In the event of a computer failure while in service.
• In the event the hard drive is formatted to repair the operating system software.
• In the event the media that data was being transferred to is found to be faulty.
• 3Metas is not responsible for the condition of the data transferred/recovered before or after diagnostics and repair.
• 3Metas reserves the right to erase the computer's hard drive to ensure proper repair of the unit by eliminating software as a variable whenever 3Metas deems it necessary.
• 3Metas is not responsible for viral infections of the unit or any security compromises to the unit, including compromises due to weak passwords after the date of repair.

4. Security

• Customer is responsible for ensuring password(s) on the system.
• Customer is responsible for updating definitions to antivirus software and applying security patches to the operating system after the date of repair on the unit.
• 3Metas is NOT responsible for viral infections of the unit or any security compromises to the unit, including compromises due to weak passwords after the date of repair.

5. Equipment

• 3Metas is not responsible for equipment left in service for over three months from the time of the unit's entry into service, regardless of the state of repair.
• 3Metas is not responsible for notifying you, the customer, in the event your equipment is being disposed of when said equipment has been here for over 3 months.
• All equipment must be picked up within 30 days of completion or a $45 per month fee will to be added to the cost of Service Repair Order.
• 3Metas is not responsible for the condition or failure of hardware prior to, during, or after repair.
• 3Metas authorized to retain any equipment brought in for service until full payment is collected and processed.
• 3Metas is authorized to perform diagnostic and repairs in accordance with necessary standard procedures.

6. Violation of the project contract

• If the project or services by 3Metas Corp. are suspended by the customer for more than thirty (30) calendar days (consecutive or together) during the term of this contract, 3Metas Corp. should be compensated for all services rendered and refundable expenses originating before the initial suspension. Furthermore, following the resumption of services, the customer must compensate 3Metas Corp. for expenses incurred as a result of the suspension and resumption of services, likewise, schedule and fees 3Metas Corp. for the rest of the project will adjust fairly.
• If services are suspended 3Metas Corp. for more than ninety (90) calendar days (consecutive or together), 3Metas Corp. may terminate this agreement upon written notice to the customer, within at least five (5) calendar days of anticipation.
• If the customer is in breach of the terms of payment or any aspect of this contract, 3Metas Corp. may suspend the execution of services prior written notice to the customer, within at least five (5) calendar days in advance. 3Metas Corp. shall have no responsibility to the customer and the customer agrees to not claim for delays or damage because of such suspension, caused by any breach of this agreement by the customer. Upon receipt of payment in full of all amounts payable by the customer, or solution of any breach that caused 3Metas Corp. suspend services, 3Metas Corp. will resume services and an equitable adjustment to programming the remaining project costs and results of the suspension.
• 3Metas Corp. commitments set out herein are based on the expectation that all services described herein are provided. If the client subsequently chooses to reduce the scope of services 3Metas Corp., the customer agrees to release, hold harmless, defend and indemnify 3Metas Corp. of any claims, damages, loss or expenditure or derivatives with this reduction in services.
• If the customer has paid in advance, 3Metas Corp. is entitled to request withholding to cover the amounts owed by the customer to the date of suspension. Before resuming services after the suspension, the client must send 3Metas Corp. sufficient funds to replenish its previous retention and full value.

Without limiting the foregoing, 3Metas does not warrant that the operation of the Hardware or Software will be uninterrupted or error free. Also, due to the continual development of new techniques for intruding upon and attacking networks, 3Metas does not warrant that the Hardware, software or any equipment, system or network on which the Hardware or software is used will be free of vulnerability to intrusion or attack. The Hardware and software may include or be bundled with third party software or service offerings. This limited warranty shall not apply to such third party software or service offerings. This limited warranty does not guarantee any continued availability of a third party’s service for which this Hardware’s or software’s use or operation may require.

Spares target delivery dates are estimates that 3Metas uses to achieve commercially reasonable endeavors; however, actual delivery times depend upon external factors such as spares availability and logistics resourcing. 3Metas is not liable to the customer if actual delivery is delayed by these factors or any other factors that are outside of our control.

TO THE EXTENT NOT PROHIBITED BY LAW, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED.

Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL 3METAS BE LIABLE FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE HARDWARE AND/OR SOFTWARE, EVEN IF 3METAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL 3METAS’ LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE HARDWARE AND/OR SOFTWARE.

The foregoing limitations will apply even if any warranty or remedy provided under this limited warranty fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.