|BY USING YOUR XIM3 OR XIM EDGE YOU AGREE TO THIS WARRANTY. BEFORE PURCHASING IT, PLEASE READ THIS WARRANTY CAREFULLY. IF YOU DO NOT ACCEPT THIS WARRANTY, DO NOT PURCHASE A XIM3 OR XIM EDGE.
(a) “XIM” means a new XIM3 or XIM EDGE purchased from an authorized retailer.
(b) “Warranty Period” means 1 year from the date You purchased Your XIM.
(c) “You” means the original end-user.
(d) “Normal Use Conditions” means ordinary consumer use under normal home conditions according to the instruction manual for XIM.
(a) During the Warranty Period, XIM Technologies, Inc. warrants, only to You, that XIM will not malfunction under Normal Use Conditions.
(b) This is the only warranty XIM Technologies gives for Your XIM and XIM Technologies gives no other guarantee, warranty, or condition. No one else may give any guarantee, warranty, or condition on XIM Technologies’ behalf.
3. How to Get Warranty Service
(a) Before starting the warranty process, please use the trouble-shooting tips and consult the community forum for support at http://xim3.com.
(b) If the troubleshooting tips and support forum doesn’t resolve Your problem, then You may issue an RMA through the store at http://store.xim3.com (click the RMA button under order history on Your account).
4. XIM Technologies’ Responsibility
(a) After You return Your XIM, XIM Technologies will inspect it.
(b) If XIM Technologies determines that Your XIM malfunctioned during the Warranty Period under Normal Use Conditions, XIM Technologies will (at its option) repair or replace it, or refund the purchase price to You. Repair may use new or refurbished parts. Replacement may be with a new or refurbished unit.
(c) After repair or replacement, Your XIM will be covered by this warranty for the longer of the remainder of Your original Warranty Period, or 95 days after XIM Technologies ships it to You.
(d) XIM TECHNOLOGIES’ RESPONSIBILITY TO REPAIR OR REPLACE YOUR XIM, OR TO REFUND THE PURCHASE PRICE, IS YOUR EXCLUSIVE REMEDY.
(e) If Your XIM malfunctions after the Warranty Period expires, there is no warranty of any kind. After the Warranty Period expires, XIM Technologies may charge You a fee for its efforts to diagnose and service any problems with Your XIM.
5. Warranty Exclusions
XIM Technologies is not responsible and this warranty does not apply if Your XIM is:
(a) damaged by use with products and peripherals not approved by XIM Technologies (including approved peripherals what have been modified);
(b) used for commercial purposes (including, for example, rental, pay-per play, etc.);
(c) opened, modified, or tampered with (including, for example, any attempt to defeat any XIM technical limitation, security, or anti-piracy mechanism, etc.), or its serial number is altered or removed;
(d) damaged by any external cause (including, for example, by being dropped, used with inadequate ventilation, etc., or failure to follow instructions in the instructional videos and quick-start guide for XIM); or
(e) repaired by anyone other than XIM Technologies.
6. XIM TECHNOLOGIES IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR ANY INABILITY TO USE YOUR XIM3. THESE EXCLUSIONS APPLY EVEN IF XIM TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7. Additional Terms
If You attempt to defeat or circumvent any XIM technical limitation, security, or anti-piracy system, You may cause Your XIM to stop working permanently. You will also void Your warranty, and make Your XIM ineligible for authorized repair, even for a fee.