Xing Technology Corporation ("Xing") warrants the accompanying or enclosed hardware (if any), software, and accessory materials, if any (collectively, the "Product") for a period of one year from the date of receipt as follows: 1) the software will perform substantially in accordance with its accompanying written or electronic documentation and materials; 2) the hardware and accessory materials, if any, will be substantially free from defects. Any implied warranties allowed by local law are limited to ninety (90) days from the date of receipt.
Xing's entire liability and your exclusive remedy shall be:
A) If the Product was purchased for a fee or included in a bundle or package purchased for a fee, at Xing's option either 1) refund of the price paid for the Product if purchased alone or the fair market value of the Product if purchased as part of a bundle or package, or 2) repair or replacement of the Product or part thereof, if the Product is returned to Xing with a copy of your receipt or other proof of payment; or
B) If the Product was distributed for free, replacement with a similar free Product, but ONLY if Xing is then distributing similar Products for free at the time the warranty claim is made, and if you pay the costs of making such replacement.
Any replacement Product will be warranted for the remainder of the original warranty period or ninety (90) days, whichever is longer.
THE PRODUCT IS PROVIDED WITHOUT, AND XING DISCLAIMS, ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
XING SHALL NOT BE LIABLE FOR:
(A) INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES OF ANY SORT WHATSOEVER, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUES, OR INFORMATION, OR FOR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OF THE PRODUCT OR YOUR INABILITY TO USE THE PRODUCT, EVEN IF XING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES; OR
(B) ANY CLAIM BY ANY PARTY OTHER THAN YOU.
IN NO EVENT SHALL XING'S LIABILITY TO YOU EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE PRODUCT. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.