Disgital Inc. warrants that Disgital Inc. hardware products (“Hardware”) will be free from defects in material and workmanship for the applicable warranty period. Disgital Inc. warrants the media containing its software products (“Software”) to be free from defects and warrants that both the Software and Hardware will operate substantially according to Disgital Inc. specifications for a period of 90 days after the date of purchase.
Scope of Limited Warranty
This Limited Warranty applies to Disgital Inc.’s “Masjidal”-branded products purchased directly from Disgital Inc., or through an authorized distributor or reseller. This Limited Warranty extends only to the initial end user purchaser.
If Disgital Inc. products have been integrated within a product or system by a manufacturer or system integrator, no warranty is provided by Disgital Inc.. Please contact the place of purchase, the system manufacturer or system integrator directly for warranty service.
Warranty Procedures and Remedies
During the applicable warranty period, if a customer is unable to resolve a product problem and Disgital Inc. Technical Support determines the product is defective, a Return Material Authorization (RMA) will be issued. Following receipt of an RMA number, the customer shall return the product to Disgital Inc., freight prepaid. Upon verification of warranty, Disgital Inc. will, at its option, repair or replace the product and return it to the customer freight prepaid. If the product is not under warranty, the customer may have Disgital Inc. repair the unit on a fee basis. No services are handled at the customer’s site under this Limited Warranty.
The Limited Warranty period starts on the date of purchase from Disgital Inc. or its authorized reseller or distributor. Customers may be required to provide a proof of purchase as a condition of receiving a warranty service.
Customers can purchase an optional extended warranty on eligible Disgital Inc. products. For information regarding extended warranty options, please click here.
No warranty will apply if the Hardware or Software (1) has been altered, except by Disgital Inc.; (2) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Disgital Inc. in the applicable product documentation; (3) has been used in violation of the license granted by Disgital Inc.; or (4) has been subjected to unreasonable physical, thermal or electrical stress, misuse, negligence, or accident. The Limited Warranty does not extend to any damages, malfunctions, or non-conformities caused by (1) normal wear due to product use; (2) use of non-Disgital Inc. furnished equipment or software with products; or (3) failure to implement all new updates to Software.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, DISGITAL INC. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, OR WARRANTIES OR OBLIGATIONS ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. FURTHER, DISGITAL INC. DOES NOT WARRANT THAT ITS SOFTWARE IS ERROR FREE OR THAT END USERS WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT PROBLEMS OR INTERRUPTION.
Limitation of Liability
YOUR EXCLUSIVE REMEDY FOR ANY DEFECTIVE PRODUCT IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT.
IN NO EVENT WILL DISGITAL INC. OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF DISGITAL INC. OR ITS AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT ANY REMEDY PROVIDED SHOULD FAIL OF ITS ESSENTIAL PURPOSE. THE TOTAL CUMULATIVE LIABILITY TO AN OEM MANUFACTUER OR END USER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT. IN ADDITION, DISGITAL INC. SHALL NOT BE LIABLE FOR CUSTOMER’S OR ANY THIRD PARTY’S SOFTWARE, FIRMWARE, INFORMATION, OR MEMORY DATA CONTAINED IN, SORTED ON, OR INTEGRATED WITH ANY PRODUCT RETURNED TO DISGITAL INC., WHETHER UNDER WARRANTY OR NOT.
The laws of the State of Illinois, USA, govern this Limited Warranty. It gives you specific legal rights, and you may also have other rights that vary from state to state. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions in this limited warranty statement may not apply to you.
For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by this Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations.
To the extent there is a conflict between this Limited Warranty and an agreement between Disgital Inc. and a distributor, reseller, OEM manufacturer or end user, the terms of the agreement will prevail. If any provision of this Limited Warranty is determined to be unenforceable or invalid by court decision, the policy will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law.
Disgital Inc. is not responsible for any warranty, support or maintenance commitments made by its distributors, resellers or other service providers. Disgital Inc. reserves the right to amend or change this policy at its sole discretion at any time.