iStorage warrants only to the original purchaser of this product from an iStorage authorized reseller, distributor or iStorage direct sale that, for (2) two-year (warranty period applicable on all iStorage products incorporating 2.5” or 3.5” SATA hard drives) or (3) three-years (warranty period applicable on all iStorage products incorporating 2.5” SATA solid stated drives or flash memory) after date of purchase, this product will be free from defects in material and workmanship. Purchaser must present acceptable proof of original ownership for the product. iStorage, at its option, shall repair or replace the defective product covered by this warranty.
The warranty does not apply to any: (i) defect in, or failure of, the product resulting from an accident, shock, negligence, exposure to water or misuse; (ii) product that has been modified or disassembled by any party other than iStorage or its approved subcontractors and retailers; or (iii) due to any other cause which does not result from a defect in materials and workmanship. This limited warranty is non-transferable and does not apply to any purchaser who bought the product from a reseller or distributor not authorized by iStorage.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED HEREIN, AND TO THE EXTENT PERMITTED BY LAW, ISTORAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT. ISTORAGE DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE ERROR-FREE. TO THE EXTENT THAT ANY IMPLIED WARRANTIES MAY NONETHELESS EXIST BY OPERATION OF LAW, ANY SUCH WARRANTIES ARE LIMITED TO THE DURATION OF THIS WARRANTY. REPAIR OR REPLACEMENT OF THIS PRODUCT, AS PROVIDED HEREIN, IS YOUR EXCLUSIVE REMEDY.
IN NO EVENT SHALL ISTORAGE BE LIABLE FOR ANY LOSS OR ANTICIPATED PROFITS, OR ANY INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUES, LOST PROFITS, LOSS OF USE OF SOFTWARE, DATA LOSS, OTHER LOSS OR RECOVERY OF DATA, DAMAGE TO PROPERTY, AND THIRD-PARTY CLAIMS, ARISING OUT OF ANY THEORY OF RECOVERY, INCLUDING WARRANTY, CONTRACT, STATUTORY OR TORT, REGARDLESS OF WHETHER IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE TERM OF ANY LIMITED WARRANTY OR ANY WARRANTY IMPLIED BY LAW, OR IN THE EVENT THAT ANY LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL ISTORAGE’S ENTIRE LIABILITY EXCEED THE PURCHASE PRICE OF THIS PRODUCT.