(ii.) the Products not being subject to unusual mechanical stress or unusual electrical or
environmental conditions or other acts of God; (iii.) the Products not being subjected to misuse,
accident or any unauthorized installation/deinstallation by Customer or other third party; (iv.) the
Products not being altered or modified in an unauthorized manner, unless approved in writing or
otherwise performed by Verbatim and (v.) Customer promptly installing all Product revisions that
have been released for such Products by Verbatim throughout the warranty term. Verbatim does
not warrant that the Products will operate in any specific combination that may be selected for
use by Customer or that the operation of the Products will be uninterrupted or error free, or that
all non-conformance or defects will be remedied. Additionally, Verbatim shall have no warranty
obligations for any failure of the Products to conform to the applicable product specifications
resulting from the combination of any Product(s) with hardware and/or software not supplied by
Verbatim.
If it is determined that any Product(s) reported as defective or non-conforming by Customer
during the warranty period is not defective or non-conforming, Verbatim may, at its option, charge
Customer for any labor provided and expenses incurred by Verbatim in connection with such
determination, at Verbatim's then current rates.
Verbatim is not liable for any damage to or loss of any programs, data, or other information stored
on any media contained within the Verbatim hardware product, or any non-Verbatim product
or part not covered by this warranty. Recovery or reinstallation of programs, data or other
information is not covered under this Limited Warranty.
Verbatim shall not be responsible for unauthorized sale or misrepresentation by unauthorized
third party resellers. Verbatim warranties are not transferable with ownership. Products
purchased by auction, yard sale, flea market or purchased as demo units may not be covered
under Verbatim's warranty.
THE WARRANTIES OF VERBATIM AND REMEDIES OF CUSTOMER SET FORTH IN THIS SECTION
ARE EXCLUSIVE AND ARE GIVEN BY VERBATIM AND ACCEPTED BY CUSTOMER IN LIEU
OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING
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