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UX Platforms, Inc.

TERMS OF USE

 

These Terms of Use (“Terms”) are between UX Platforms Inc. ("UXP", "we", "us", or "our") and the party set forth in the applicable Quote or Invoice ("you") and applies to your use of the UXP Technology as provided herein.

 

By purchasing, installing, copying, or otherwise using the UXP Technology, you agree to be bound by these Terms. If you do not agree to these Terms, do not install or use the UXP Technology.

 

1. DEFINITIONS:      

“Claim” means any claim, proceeding, suit, allegation, or similar action. 

 

“Confidential Information” means any information that is exchanged or made available hereunder that is confidential or proprietary or that would, by its nature or the circumstances of its disclosure, be considered to be confidential by a reasonable person, and any notes or other derivative material that contains Confidential Information, but excludes information that is: or later becomes generally known or available for use by the public without breach of this Agreement; lawfully known by the receiving party prior to disclosure of the information; lawfully received by the receiving party without restrictions on use or disclosure from a third party not bound by obligations of confidentiality to the disclosing party; or independently developed by receiving party without reference to the information disclosed or made available by the disclosing party.

 

“Customer Content” means any audio or video content streamed, broadcast, or shown through the Software, other than UXP Content. 

     

“Hardware” means any hardware, housing, or device provided by us in order to facilitate your use of the Software, including any projector or tablet. 

 

“Invoice” means an invoice or purchase order sent to you setting forth applicable fees and costs associated with the UXP Technology. 

 

“Intellectual Property” means any past, present, and future ascertained or unascertained right or title in any intangible property, copyright, trademark, patent, trade secrets, or other intellectual property under the law of any jurisdiction worldwide and any goodwill in any of the foregoing, whether registered or not, including any application, renewal, extension, or continuation of the same.

 

“Force Majeure” means any event outside of our reasonable control which impacts our ability to provide the Services, and may include, without limitation, fire, flood, earthquake, elements of nature, public utility or internet or electrical failure, acts of war, terrorism, or public health emergency.

 

“Malicious Code” means any code or similar instructions that are attempt to or actually disrupt or damage the Software.  

 

“Quote” means an initial cost estimate for the UXP Technology you have expressed interest in using. 

 

“Software” means our Vision App software product, and any supplements to that product which may include CINEMODE or CINEMODE Plus, and includes, without limitation, associated media, printed materials, online or electronic documentation, and source and object code. 

 

“Support Services” means any support services related to the UXP Technology we may provide, as further described in the Support Service Schedule. 

 

“Third Party Products” means any third-party systems, software, hardware, facilities, or equipment not provided by us, including without limitation any open source software and/or Google Chrome components.

 

“Usage Data” means technical information regarding use of the Software by Users, including but not limited to usage statistics, time and date of use, and video statistics. 

 

“User” means any individual that uses your license to the Software, whether such individual is an employee or contractor, authorized or unauthorized. 

 

“UXP Content” means any audio or video content available by default in the Software.

 

“UXP Parties” means UXP, its officers, directors, employees, subcontractors, and agents. 

 

“UXP Technology” means, collectively, the Software and the Hardware. 

 

2. GRANT OF LICENSE: Subject to these Terms, UXP grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable license to install and use the UXP Technology on a single device owned or controlled by you at the site identified in the Quote. The foregoing license does not extend to affiliates unless we otherwise agree in writing. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ALL USERS INCLUDING AFFILIATE USERS, IF APPLICABLE, ARE IN COMPLIANCE WITH THIS AGREEMENT, AND YOU ARE LIABLE FOR ANY BREACH OF THIS AGREEMENT BY ANY OF YOUR USERS, AND IF APPLICABLE, YOUR AFFILIATE(S)’ USERS. DO NOT USE ANY UXP TECHNOLOGY IF YOU CANNOT ENSURE THAT ALL SUCH USERS WILL COMPLY WITH THESE TERMS.

3. PAYMENT: Unless otherwise set forth in the applicable Invoice, payment is due 30 days from the date of the Invoice. All amounts due under any Invoice are nonrefundable and do not include taxes. You must notify us in writing of any disputed amounts under any Invoice by the due date of such Invoice, or such dispute will be deemed waived by you, and the Invoice will be deemed correct. You may not withhold payment during any dispute. We will work together with you to promptly resolve any dispute. Late payments are subject to interest of the lesser of 1.5% per month or the highest rate allowed by applicable law and you must reimburse us for all expenses incurred by UXP in exercising its rights to recovery of amounts due including but not limited to costs for any collection agency and/or attorneys’ fees.

4. INTELLECTUAL PROPERTY IN THE UXP TECHNOLOGY: The UXP Technology is owned by UXP or its licensors and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. We reserve all rights not expressly granted hereunder, and there are no implied rights granted to you.

5. THIRD PARTY PRODUCTS: We have no responsibility for Third Party Products, and do not support Third Party Products. The UXP Technology is not designed to be integrated with any Third Party Products. You represent and warrant that if you use any Third Party Products in connection with the UXP Technology, that you are in compliance with any terms of use applicable to such Third Party Products and all applicable law. We shall not be held responsible for any damage or loss arising from or in connection with any integration of the UXP Technology with any Third Party Products.  

6. CONTENT: You are permitted to use the UXP Technology only to stream, broadcast, or show (a) the UXP Content and (b) Customer Content that (i) you represent and warrant that you have the right to stream, broadcast, or show under the circumstances, (ii) is not defamatory or unlawful, does not infringe on any third party’s Intellectual Property, and would not be considered by a reasonable person to offend, discriminate against, or shock any group of people. To the extent that we reasonably believe that you are in violation of this section, we may suspend your access to the Software indefinitely and without refund. 

7. HARDWARE: We do not recommend that you install the Hardware. To the extent you conduct your own installation of the Hardware, you are solely responsible for such installation. We are not responsible or liable for any failed installation, damage to Hardware or any other equipment, or any other damage or loss resulting from or in connection with your installation of the Hardware or the installation of the Hardware by any third party. Hardware is not sold independently from Software. You are responsible for disposing of Hardware appropriately. 

8. SUPPORT SERVICES: Support Services are provided only as described in the Support Service Schedule, which is incorporated herein by reference. We shall not be responsible for any support services that you decide to undertake yourself or any support services provided by any third party, or any damage or loss arising therefrom. 

9. CONFIDENTIALITY: Each party must use reasonable measures, at least as robust as such party uses to protect its own Confidential Information and including appropriate administrative, physical and technical safeguards, to protect the Confidential Information of the other party from unauthorized use or disclosure. A party may only use the Confidential Information to further the receipt or provision of the services or products contemplated herein. A party may not disclose the other party's Confidential Information to any third party, except: (a) to its employees, contractors, agents, or representatives who need to know the information in connection with the receipt or provision of services or products hereunder, provided that each of these will be bound by obligations of confidentiality at least as restrictive as this provision and provided further that the party will be responsible for any breach of these confidentiality obligations by its employees, contractors, agents, or representatives, and (b) to the limited extent required by law, subpoena, or court order, provided that advance notice is given to the other party regarding the required disclosure. Each party will promptly, and in any case, within two business days, notify the other party in the event it becomes aware of any loss or unauthorized disclosure of any of the Confidential Information of the other party, and will cooperate with the other party in remedying the loss or unauthorized disclosure.     

10. RESTRICTIONS: You may not, and may not assist or permit any third party to: (a) modify, reverse engineer, decompile, disassemble, reproduce, or create derivative works from the UXP Technology, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (b) rent, lease, lend, sublicense, or provide commercial hosting services with the Software; (c) use the UXP Technology in order to create or develop competitive technology; or (d) introduce any Malicious Code into the Software or take any action that makes it likely that a third party may introduce Malicious Code into the Software.     

11. CONSENT TO USE OF USAGE DATA: You agree that UXP and its agents may collect and use Usage Data, which may be gathered in the course of your ordinary use of the Software or as part of the Support Services. The Usage Data is deemed to be our Confidential Information and UXP may use this information to improve our products or to provide customized services or technologies to you or otherwise in accordance with applicable law. 

12. ACKNOWLEDGMENT OF OTHER SOFTWARE: You acknowledge that the Software includes and operates in conjunction with open source software components, including Debian Linux and Node.js, as well as dependencies such as Axios, Express, PM2, Socket.IO, UUID, and Winston. The use of the open source components is governed by their respective licenses. You further acknowledge that by using the Software, you may utilize Google Chrome for Android. You agree to comply with the Google Chrome Terms of Service as applicable. 

13. TERMINATION: Without prejudice to any other rights, UXP may terminate your access to the Software if you fail to comply with these Terms. Upon termination for any reason (including your decision to no longer use the UXP Technology), you must destroy all copies of the Software and all of its component parts.

14. DISCLAIMER OF WARRANTIES: Available warranties are outlined in the Warranty Schedule. Except for warranties expressly set forth in the Warranty Schedule, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AS-IS AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. UXP AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. FURTHER, WE DO NOT MAKE ANY WARRANTIES AND HEREBY DISLCIAMS ALL WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCTS INCLUDING WITHOUT LIMITATION ANY OPEN SOURCE SOFTWARE OR GOOGLE PRODUCT.

15. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (a) IN NO EVENT SHALL UXP OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE UXP TECHNOLOGY AND (b) UXP’S TOTAL AGGREGATE LIABILITY ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OF ANY UXP TECHNOLOGY WHETHER TO YOU AND/OR TO ANY THIRD PARTY, WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR THE UXP TECHNOLOGY INVOLVED IN THE INCIDENT GIVING RISE TO THE INITIAL LIABILITY EXCLUDING ANY AMOUNTS YOU PAID FOR SUPPORT SERVICES. The foregoing limitation and exclusion applies even if we knew or should have known of the possibility of such damages, and whether a Claim (as defined below) is based on breach of contract, breach of warranty, tort (including negligence), product liability, strict liability or otherwise, and notwithstanding any failure of essential purpose of any limited remedy herein. You acknowledge that the foregoing limitation of liability is integral to the fees we charge and that if UXP were to assume greater liability, fees would necessarily be substantially higher. 

16. INDEMNIFICATION: You shall defend and hold harmless the UXP Parties from and against any and all Claims arising from or in connection with (a) use of UXP Technology by you or your Users other than as expressly permitted by these Terms; (b) servicing or installation of the UXP Technology by you or a third party; (c) Customer Content; and (d) Third Party Products. Further, you shall indemnify the UXP Parties for all damages, losses, expenses (including reasonable attorneys' fees and legal costs) and any other liability of any kind arising from any Claim. 

17. FORCE MAJEURE: We will not be liable or responsible to you or be deemed to have breached any obligation to you, for any failure or delay in providing the Software or Hardware to the extent such failure or delay is caused by an event beyond our reasonable control that prevents performance or makes performance commercially unreasonable and may include, without limitation, fire, flood, earthquake, elements of nature, public utility or electrical failure, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, imposition of martial law or any other event outside of our reasonable control. We will use commercially reasonable efforts to notify you of anticipated delay or failure if a force majeure event arises. 

18. RELATIONSHIP: The parties are independent contractors of each other. Nothing herein shall be construed to create a partnership, joint venture, fiduciary, or employer-employee relationship and neither party is permitted to bind the other party.

19. GOVERNING LAW, VENUE: These Terms shall be governed by California law, without reference to its choice of law principles. Any and all proceedings arising from or relating to this Agreement will be resolved exclusively in the state and federal courts in San Diego County, California. Each party hereby irrevocably consents to the exclusive jurisdiction of such courts and waives any objections it may have to the convenience of such forum.  

20. ENTIRE AGREEMENT: These Terms, together with the Support Service Schedule and Warranty Schedule, constitutes the entire agreement between you and UXP with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. In the event of any conflict between these Terms, Support Service Schedule, Warranty Schedule, and/or any Invoice or Quote, the following order of precedence will apply:(a) these Terms, (b) Support Service Schedule, (c) Warranty Schedule, (d) the Invoice, and (e) the Quote. No purchase order or other document issued by you or any third party related to your purchase or use of the UXP Technology is valid and is expressly superseded by the documents described in this Section. 

21. WAIVER. Our delay or failure in exercising any right or remedy under these Terms, or any partial or single exercise thereof, shall not constitute a waiver of such right or remedy or of any other right or remedy. 

22. SEVERABILITY. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of these Terms will remain in full force and effect and will not be impaired or invalidated. Notwithstanding the foregoing, if the economic or legal substance of the transactions contemplated by these Terms or each party's rights herein are materially altered by a provision being deemed invalid, void, illegal, or unenforceable, we will modify these Terms to attempt to achieve substantially the same result as originally intended.

 

By using the UXP Technology, you acknowledge that you have read these Terms, understand it, and agree to be bound by its terms and conditions and to ensure that all Users comply with these Terms. 

 

UX Platforms, Inc.

SUPPORT SERVICE SCHEDULE

 

UX Platforms Inc. ("UXP", "we", "us", or "our") will provide the support services to the party set forth in the applicable Quote or Invoice ("you") as provided herein, subject to the Terms of Use (“Terms”). Capitalized terms used but not defined in this schedule have the meanings assigned to them in the Terms. 

 

1. SUPPORT SERVICE LEVELS: The following services are included with the applicable tier, subject to the terms of this Support Service Schedule. 

 

 

Basic:

  • Customer Support 

  • Troubleshooting Videos

Tier 1:

:

  • Customer Support 

  • Troubleshooting Videos

  • Extended Warranty for Manufacturer Defect 

Tier 2 :

  • Customer Support 

  • Troubleshooting Videos

  • Extended Warranty for Manufacturer Defect 

  • Replacement Parts  

  • On Site Preventative Maintenance 

  • Product Upgrades 

  • Discount on Next Generation Products

      

2. AVAILABILITY: Basic Support Services are included with every Software purchase. Tier 1 Support Services may be purchased on an annual or multiyear basis, and Tier 2 Support Services may be purchased on an annual basis, each subject to the applicable Quote and Invoice. Payment for Tier 1 and Tier 2 Support Services must be made before such services are available. 

 

3. COVERED SYSTEMS: All Support Services apply only to the product purchased by you, at your site where it is installed, as identified in the applicable Quote (“Covered System”). Accordingly, if any product is moved to a different location, Support Services are void for such product. 

 

4. CUSTOMER SUPPORT: To request customer support, please complete the form accessible via QR code in the product. Once you complete the form, a UXP technician will reach out to schedule phone, videocall, email, or remote customer service. The technician will determine the best method of providing the support services. If you request support using a method other than the in-product form, response and resolution times are likely to be delayed or your request may not be processed or received. Response and resolution times are not guaranteed but UXP seeks to diligently address support issues during UXP’s business hours, which are 9 am to 5 pm PT during weekdays that are not holidays. Response times are not guaranteed, and UXP cannot guarantee that it can diagnose or correct all issues through the support process. 

 

5. TROUBLESHOOTING VIDEOS: Troubleshooting videos are available only as part of the support process. As part of a customer support request, the UXP technician providing you with support may decide to provide you with a troubleshooting video. These will be sent to you by email. Most troubleshooting videos are available in English only. 

 

6. EXTENDED WARRANTY FOR MANUFACTURER DEFECT: Please see the Warranty Schedule for warranty details. The extended warranty included with Tier 1 and Tier 2 support is for the term of the applicable Tier 1 or Tier 2 support. If a Covered System becomes obsolete while you are entitled to an extended warranty because you have purchased Tier 1 or Tier 2 support, the extended warranty terminates at the time the Covered System becomes obsolete, and UXP will refund you as set forth in Section 13. 

 

7. REPLACEMENT PARTS: If your warranty period has expired and there is a manufacturer defect, or if the defect is not covered by the warranty, you may purchase parts from UXP. Replacement parts may be new, refurbished, repaired, or functionally equivalent, as determined by UXP. You will be invoiced for any replacement parts and any applicable shipping and/or handling costs. 

 

8. ON SITE PREVENTATIVE MAINTENANCE: The on-site preventative maintenance visit included with Tier 2 services is a single visit to the location where the Covered System is housed, and may include, as determined by the technician: (a) inspection of the Covered System and its installed components, including mounting hardware, brackets, cables, and enclosures (b) functional testing of the system, (c) mechanical adjustments, (d) projector and/or image alignment and/or calibration, (e) installation of applicable software or firmware updates, (f) replacement of covered parts, (g) installation of applicable current-generation component upgrades, (h) operational training for your personnel (including basic system startup/shutdown, operation, content selection and playback, basic troubleshooting, proper handling and cleaning), and/or (i) training regarding any system changes or updates provided during the maintenance. You must provide UXP’s technician full and uninterrupted access to the Covered System in order to provide the maintenance and must also make available an appropriately skilled staff member to address any questions UXP’s technician may have during the maintenance visit.

 

9. SERVICE VISIT: If you have Tier 2 Support Services and you need a service visit, and if no preventative maintenance has yet been provided during the support term, then the service visit will be deemed to be the preventative maintenance, and the UXP technician will provide the maintenance services described in Section 8 at the time of the service visit. If you have Tier 2 Support Services and preventative maintenance has already been provided, or if you have Basic or Tier 1 Support Services, you may still request a service visit, regardless of the purpose of the visit (troubleshooting, adjustment, retraining, calibration, or otherwise), and you will be charged for the service visit in accordance with the applicable Quote or Invoice. Any service visit fee does not include travel costs, specialized equipment rental, work outside of the ordinary scope of services, and any costs incurred by UXP as a result of delay or failure of you or your employees or agents, and you may be invoiced separately for these expenses. 

 

10. SCHEDULING. UXP will reach out to you during the Tier 2 support term in order to schedule the on-site maintenance support, unless a service visit is deemed to constitute the maintenance as set forth in Section 9. Preventive maintenance and service visits will be scheduled based on technician availability, your access requirements, system availability, travel logistics, and geographic routing. We seek to coordinate preventive maintenance visits within the same geographic region to improve technician availability and reduce unnecessary travel. Accordingly, you must have reasonable flexibility in scheduling any preventative maintenance or service visit. If any training will be provided as part of the visit, it is your responsibility to ensure that personnel are available and present.

 

11. PRODUCT UPGRADES: Product upgrades are only available to the extent such upgrades are part of the same generation as originally purchased. No specific upgrades are guaranteed, and upgrades may not be available during the relevant service term. Replacement of the entire system or conversion to a new product generation, platform, or system architecture is not an upgrade. Upgrades will be installed in UXP’s sole discretion, based on which upgrades are appropriate for the Covered System, including based on any functional, reliability, serviceability, or compatibility benefit, whether the Covered System can support the upgrade, and installation methodology. Upgrades to the next generation (including an upgrade to the newer system, platform, architecture, or major product configuration) are not included with any Support Services, but the discount offered to Tier 2 subscribers will be determined by UXP based on the age, condition, configuration, and serviceability of the existing Covered System and the scope of the proposed upgrade, in UXP’s sole discretion. 

 

12. YOUR OBLIGATIONS: Where we will provide any Support Services, you must: (a) provide us with reasonable access to the Covered System and installation area, or if remote Support Services are to be provided, network access, IT approval, and technical assistance, as required, (b) make the Covered System available for inspection/service at the agreed upon time, (c) provide any facility approvals, security access, vendor credentials, parking instructions, infection control requirements, safety training, and escort arrangements, (d) inform us of known system problems in advance of the provision of the Support Services; (e) ensure that technical, clinical, facilities, or IT personnel are available when their participation is required. You must at all times operate and maintain the Covered System in accordance with the Terms and our instructions and promptly notify us of any damage, failure, or unauthorized modification. Delays caused by lack of access, unavailable personnel, facility restrictions, or any other reason within your control, may result in additional charges or rescheduling.

 

13. OBSOLETE PRODUCTS: We reserve the right to designate older generation Software or Hardware (including specific products, components, or configurations) as obsolete and no longer serviceable for any reason. An older generation system may be deemed obsolete because of unavailable replacement parts, discontinued third-party components, or safety or regulatory concerns. Once deemed obsolete, in our discretion, we may terminate your Tier 1 or Tier 2 Support Services and provide you a prorated refund for the unused portion of the service term, where appropriate; or offer you a discounted replacement system or generational upgrade; or propose a limited service arrangement based on available parts and support capabilities.  

 

14. EXCLUSIONS: UXP does not service, repair, replace, or support MRI scanners or system components, OEN patient audio systems, facility audio systems, hospital networks or internet service, any computers, media players, displays, or content that you provide, electrical systems, outlets, circuits, faulty wiring, construction, cabinetry, wall penetrations, room modifications, or any third party products no provided or approved by us. 

 

15. WARRANTIES: WE DO NOT GUARANTEE THAT WE CAN REPAIR OR CORRECT ALL ISSUES RELATED TO THE COVERED SYSTEM. Available warranties are outlined in the Warranty Schedule. Except for those warranties, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COVERED SYSTEM IS PROVIDED AS-IS AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. We are not responsible for any delays or inability to perform caused by circumstances outside its reasonable control, including travel disruptions, parts shortages, facility access restrictions, government actions, natural disasters, labor disruptions, utility outages, or third-party equipment failures.

 

 

UX Platforms, Inc.

WARRANTY SCHEDULE

 

UX Platforms Inc. ("UXP", "we", "us", or "our") will provide a manufacturer warranty as set forth herein to the party set forth in the applicable Quote or Invoice ("you") as provided herein, subject to the Terms of Use (“Terms”) and the Support Service Schedule. Capitalized terms used but not defined in this schedule have the meanings assigned to them in the Terms or Support Service Schedule. 

 

1. WARRANTY PERIOD: The purchase of a Covered System includes a one-year warranty period, calculated from the date of purchase as set forth in the applicable Quote or Invoice. Such warranty period may be extended by purchasing Tier 1 or Tier 2 Support Services, as further described in the Support Service Schedule. Extended warranties are nonrefundable except as expressly set forth in the Support Service Schedule.  

 

2. SCOPE OF WARRANTY: UXP warrants that the Covered System will be free from material and workmanship defects under normal use and conditions. Such warranty applies only for the applicable warranty period as described in Section 1. 

 

3. EXCLUSIONS: The warranty does not cover any defects arising directly or indirectly from: (a) user negligence; (b) misuse, accident, or improper operation; (c) work performed by persons not authorized by UXP or any unauthorized modification, repair, relocation, disassembly, or any other intervention of any kind; (d) your equipment or systems including the MRI machine; (e) third party equipment, systems, acts, or omissions; (f) electrical or network outages or conditions; (g) environmental events or conditions, including natural disaster, typhoon, lightening, flood, tornado, earthquake, or fire; (h) cosmetic damage that does not affect operation; (i) loss, theft, vandalism, sabotage, or intentional or reckless damage; (j) failure to follow instructions regarding operation, cleaning, storage, or maintenance, including as set forth in the Operator & Installation Manual; (k) wear and tear, and/or (l) any other external cause or event outside of our reasonable control. Technical malfunctions to the Software are NOT covered by this warranty. WE DO NOT GUARANTEE THAT WE CAN REPAIR OR CORRECT ALL MANUFACTURER DEFECTS. Except for the warranty described herein, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COVERED SYSTEM IS PROVIDED AS-IS AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

 

4. NOTICES ON THE COVERED SYSTEM: There may be notices or instructions on the Covered System itself, which may be printed on the Covered System directly or be placed by sticker. Removing, obscuring, or otherwise altering or interfering with any such notice immediately voids all applicable warranties. 

 

5. CLAIM PROCESS: If you have a claim covered by the manufacturer warranty, you must notify us in writing within 30 days of becoming aware of the claim AND within the warranty period, or the claim will not be covered. You must also provide all requested information, which may include a full description of the defect, photo/video showing the defect, proof of purchase, and/or circumstances surrounding the discovery of the defect. 

 

6. REPLACEMENT PARTS: If your claim is valid, we will ship you replacements of the defective parts. Replacement parts may be new, refurbished, repaired, or functionally equivalent, as determined by UXP in ours sole discretion. 

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