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ACCELERATED CONCEPTS, INC. END USER AGREEMENT (v20170728.01)

LIMITED WARRANTY

Accelerated Concepts, Inc. (“ACI”) provides the Limited Warranty set forth herein on ACI’s VPN and Cellular products (“Product” or “Products”) to the original purchaser (hereinafter referred to as the “End User”) who purchased Products directly from ACI or one of its authorized resellers. This Limited Warranty does not apply to Products purchased from third-parties who falsely claim to be ACI resellers. Please visit our web site if you have questions about authorized resellers.

This Limited Warranty becomes invalid once the End User no longer owns the Product, if the Product or its serial number is altered in any manner, or if any repair or modification to the Product is made by anyone other than an ACI approved agent.

This Limited Warranty covers the Product against defects in materials and workmanship encountered in normal use of the Product as set forth in the Product’s Users Guide for one (1) year from the date of purchase. This Limited Warranty is not intended to include damage relating to shipping, delivery, installation, applications and uses for which the Product was not intended; cosmetic damage or damage to the Product’s exterior finish; damages resulting from accidents, abuse, neglect, fire, water, lighting or other acts of nature; damage resulting from equipment, systems, utilities, services, parts, supplies, accessories, wiring, or software applications not provided by ACI for use with the Product; damage cause by incorrect electrical line voltage, fluctuations, surges; customer adjustments, improper cleaning or maintenance, or a failure to follow any instruction provided in the Product’s Users Guide. This list is not intended to cover every possible limitation to this Limited Warranty. ACI does not warrant against totally uninterrupted or error-free operation of its Products.

To obtain warranty service under this Limited Warranty during the Limited Warranty period as set forth above, you must submit a valid claim by requesting an RMA number either from Accelerated support or by sending an e-mail to RMA@accelerated.com with the following information: (1) name, address and e-mail address, (2) product model number and serial number, (3) a copy of your receipt and (4) a description of the problem.

ACI will review your request and e-mail you either an RMA number and shipping instructions or a reason why your request was rejected. Properly pack and ship the Product to ACI with the RMA number written on the outside of each package. ACI will not accept any returned Products which are not accompanied by an RMA number. ACI will use commercially reasonable efforts to ship a replacement device within ten (10) working days after receipt of the Product. Actual delivery times may vary depending on shipment location. Products returned to ACI must conform in quantity and serial number to the RMA request. End User will be notified by e-mail by ACI in the event of any incomplete RMA shipments.

Products presented for repair under this Limited Warranty may be replaced by refurbished goods of the same type rather than being repaired. Refurbished or used parts may be used to repair a Product covered by this Limited Warranty. If ACI, by its sole determination, is unable to replace a Product covered by this Limited Warranty, it will refund the depreciated purchase price of the Product.

LIMITATION OF LIABILITY:

EXCEPT AS PROVIDED IN THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ACI BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OR DAMAGE OF RECORDS OR DATA, COST OF SUBSTITUTE PRODUCTS, COST OF CAPITAL, THE CLAIMS OF ANY THIRD-PARTY, OR FOR ANY OTHER REASON WHATSOEVER.

ACI’S LIABILITY, IF ANY, AND THE END USER’S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER REGARDLESS OF THE LEGAL THEORY, SHALL NOT BE GREATER THAN THE PRODUCT’S ACTUAL PURCHASE PRICE.

THIS LIMITATION OF LIABILITY IS APPLICABLE EVEN IF ACI IS INFORMED IN ADVANCE OF THE POSSIBILITY OF DAMAGES BEYOND THE PRODUCT’S ACTUAL PURCHASE PRICE.

SOFTWARE LICENSE:

ACI software is copyrighted and is licensed to the End User solely for use with the Product. Some software components are licensed under the GNU General Public License, version 2. Please visit http://www.gnu.org/licenses/old-licenses/gpl-2.0.en.html for more details regarding GNU GPL version 2. These GNU General Public License, version 2 software components are available as a CD or download. The CD may be obtained for an administration fee by contacting Accelerated support at support@accelerated.com.

 
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