Terms of service

OVERVIEW

This website is operated by AURALIC North America Inc.. Throughout the site, the terms “we”, “us” and “our” refer to AURALIC North America Inc.. AURALIC North America Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall AURALIC North America Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless AURALIC North America Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 711 Dawson Drive Newark Delaware US 19713.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 - PURCHASING & SHIPPING

We offer a high level of support on our products. Please note we sell directly and through authorized dealers in the USA. In territories where we are not represented customers may also purchase from us directly. In all other territories including Germany, United Kingdom, France, Sweden, Netherlands, Denmark, Norway, Czech Republic, Hungary, Greece and Poland, customers should purchase through our network of authorized Auralic retailers.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at sales@auralic.com.

 

Lightning Device License Agreement, Warranty and Disclaimer

READ THE TERMS OF THIS LICENSE AGREEMENT AND LIMITED WARRANTY ("AGREEMENT") GOVERNING THE USE OF THE SOFTWARE AND RELATED FIRMWARE AND DOCUMENTATION (COLLECTIVELY, THE “SOFTWARE”) PROVIDED TO YOU BY AURALIC LIMITED (“AURALiC”) CAREFULLY BEFORE USING THE APPLICABLE AURALIC PRODUCT (SUCH HARDWARE, TOGETHER WITH THE SOFTWARE, REFERRED TO AS THE “PRODUCT”).

BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND SELECTING THE "Agree" BUTTON AT THE END OF THIS AGREEMENT, YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18, (2) REPRESENTING THAT YOU HAVE THE RIGHT AND AUTHORITY TO LEGALLY BIND YOURSELF OR YOUR COMPANY, AS APPLICABLE, AND (3) CONSENTING TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS OR CANNOT MAKE SUCH REPRESENTATIONS, DO NOT USE THE PRODUCT. IF YOU ELECT NOT TO ACCEPT THE TERMS OF THIS AGREEMENT, YOU MAY RETURN THE PRODUCT WITHIN RETURN PERIOD TO THE RETAIL LOCATION WHERE YOU PURCHASED IT, WITH ALL ORIGINAL PACKAGING FOR A FULL REFUND.

 

LIGHTNING DEVICE LICENSE AGREEMENT

IMPORTANT – PLEASE READ THE TERMS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE START USING YOUR LIGHTNING DEVICE. BY USING LIGHTNING DEVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE PRODUCT. YOU MAY RETURN THE PRODUCT WITHIN RETURN PERIOD TO THE RETAIL LOCATION WHERE YOU PURCHASED IT, WITH ALL ORIGINAL PACKAGING FOR A FULL REFUND.

1. GRANT OF LICENSE

AURALIC LIMITED (“AURALiC”), a division of AURALIC Holdings Inc., furnishes this AURALiC Software [defined to include the software embedded in your Lightning device product (as updated from time to time) and accompanying documentation, and licenses their use to you as provided in this Agreement.

(a) Subject to the terms and conditions of this Agreement, AURALiC grants to You a non-exclusive, non-transferable, personal royalty-free limited license (without the right to sub-license) to (i) use the Software as embedded in the Product for the purpose of operating the Product, and (ii) use the application portion(s) of the Software on any personal devices owned or controlled by You during the Term. Except as provided above, You may not transfer the Software to any other computing device or otherwise remove the Software from the Product. Notwithstanding any license granted herein by AURALiC, You acknowledge and agree that it is Your sole responsibility to comply with your local and international copyright laws with respect to Your use of the Software.

(b) You agree not to copy, modify, reverse engineer, decompile or disassemble the Product to the extent that such restriction is not prohibited by law. Except for the limited license granted herein, AURALiC and its suppliers hereby retain all right, title and interest in and to all worldwide intellectual property rights embodied in the Software. All other rights are reserved by AURALiC. You acknowledge and agree that the technology embedded in and used to create the Product constitute the valuable trade secrets and know-how of AURALiC, and to the extent you discover any such trade secrets, You will not disclose them to any third party.

(c) AURALiC shall have no obligation to provide any updates or upgrades to the Product, but in the event that it does, such updates, upgrades and any documentation shall be deemed the “Product”, and shall be subject to the terms and conditions of this Agreement. The updates, upgrades and documents metioned above may be installed on the Product automatically through online update without advanced notification to You.

2. TERMINATION

You may terminate this Agreement at any time by notifying AURALiC, discontinuing use of the Product and purging the Software from Your computing device. Your rights under this Agreement will terminate automatically or otherwise cease to be effective, without notice from AURALiC, if you fail to comply with any terms of this Agreement. In addition, upon termination you will have no recourse against AURALiC for your inability to use the program or accompanying documentation.

3. COMPLIANCE WITH COPYRIGHT LAWS

You acknowledge that AURALiC owns all right, title and interest, in all copyrights, trade secrets, and intellectual property related to your AURALiC product, the AURALiC Software and accompanying documentation. AURAliC complies with Chinese and international copyright laws and in consideration of the license granted herein, you agree to do the same.

You acknowledge that unauthorized copying or distribution of music or other content accessed using the Product (“Content”) is prohibited by such copyright laws, and You agree that You will not, directly or indirectly, copy or distribute any Content without the express written authorization of the copyright holder. You agree to indemnify and hold harmless AURALiC and its licensors from and against any and all claims, suits, losses, damages, liabilities, costs and expenses incurred by AURALiC or its licensors arising out of or related to Your failure to comply with the terms of this Section 3.

4. THIRD PARTY CONTENT AND TECHNOLOGIES

From time to time, AURALiC may provide access to third party content providers via the Product. In addition, AURALiC may support certain third party technologies, such as specific file formats or codecs. AURALiC reserves the right to discontinue access to and/or support for such third party content or technologies at any time, and for any reason. AURALiC makes no representations or warranties whatsoever regarding the selection of, or continuing support for, any such third party content or technologies.

Access to services provided by third parties requires Internet access and may require you to accept additional terms. You agree that AURALiC is not responsible for evaluating or examining any such third party services, technologies or related materials and that AURALiC will not have any liability to you, related to such services, technologies or related materials.

Last updated: 20 May, 2018

 

WARRANTY AND DISCLAIMER

IMPORTANT: BY USING YOUR AURALiC LIGHTNING DEVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE AURALIC ONE (1) YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.

DO NOT USE YOUR LIGHTNING DEVICE UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT, YOU MAY RETURN THE PRODUCT WITHIN RETURN PERIOD TO THE RETAIL LOCATION WHERE YOU PURCHASED IT, WITH ALL ORIGINAL PACKAGING FOR A FULL REFUND.

AURALiC One (1) Year Limited Warranty

For AURALiC Branded Hardware Product Only

1. HOW CONSUMER LAW RELATES TO THIS WARRANTY

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, AURALIC DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.

2. WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AURALIC DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, AURALIC LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT AURALIC'S OPTION, THE REPAIR OR REPLACEMENT SERVICES. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.

3. WHAT IS COVERED BY THIS WARRANTY?

AURALiC warrants the AURALiC-branded hardware product and accessories contained in the original packaging (“AURALiC Product”) against defects in materials and workmanship when used normally in accordance with AURALiC's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"). AURALiC’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.

4. WHAT IS NOT COVERED BY THIS WARRANTY?

This Warranty does not apply to any non-AURALiC branded hardware products or any software, even if packaged or sold with AURALiC hardware. Manufacturers, suppliers, or publishers, other than AURALiC, may provide their own warranties to you – please contact them for further information. Software distributed by AURALiC with or without the AURALiC brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. AURALiC does not warrant that the operation of the AURALiC Product will be uninterrupted or error-free. AURALiC is not responsible for damage arising from failure to follow instructions relating to the AURALiC Product’s use.

This Warranty does not apply: (a) to consumable parts, such as protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the AURALiC Product outside AURALiC’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of AURALiC or an AURALiC Authorized Service Provider; (g) to an AURALiC Product that has been modified to alter functionality or capability without the written permission of AURALiC; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the AURALiC Product, or (i) if any serial number has been removed or defaced from the AURALiC Product.

5. IMPORTANT RESTRICTION FOR PRODUCT SERVICE.

AURALiC may restrict warranty service for product to the country where AURALiC or its Authorized Distributors originally sold the device.

6. YOUR RESPONSIBILITIES

Before receiving warranty service, AURALiC or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow AURALiC's procedures for obtaining warranty service.

Following warranty service your AURALiC Product or a replacement device will be returned to you as your AURALiC Product was configured when originally purchased, subject to applicable updates. AURALiC may install system software updates as part of warranty service that will prevent the AURALiC Product from reverting to an earlier version of the system software.

Important: Do not open the AURALiC Product. Opening the AURALiC Product may cause damage that is not covered by this Warranty. Only AURALiC should perform service on this AURALiC Product.

7. WHAT WILL AURALIC DO IN THE EVENT THE WARRANTY IS BREACHED?

If during the Warranty Period you submit a valid claim to AURALiC, AURALiC will, at its option, (i) repair the AURALiC Product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the AURALiC Product with a device that is at least functionally equivalent to the AURALiC Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (iii) exchange the AURALiC Product for a refund of your purchase price.

AURALiC may request that you replace certain user-installable parts or AURALiC Products. A replacement part or AURALiC Product, including a user-installable part that has been installed in accordance with instructions provided by AURALiC, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When an AURALiC Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes AURALiC's property.

8. HOW TO OBTAIN WARRANTY SERVICE?

Please access and review the online help resources described at page "Contact AURALiC" before seeking warranty service. If the AURALiC Product is still not functioning properly after making use of these resources, please contact an AURALiC representative.

Online information with details on obtaining warranty service is provided at page "Contact AURALiC" .

9. WARRANTY SERVICE OPTIONS

AURALiC will provide warranty service through one or more of the following options:

(i) Carry-in service. You may return your AURALiC Product to an AURALiC Service Center (“ASC”) offering carry-in service. Service will be performed at the location, or ASC may send your AURALiC Product to an AURALiC warehouse location to be replaced. Once you are notified that service is complete, you will promptly retrieve the AURALiC Product from the ASC location, or the AURALiC Product will be sent directly to your location from the warehouse location.

(ii) Mail-in service. If AURALiC determines that your AURALiC Product is eligible for mail-in service, AURALiC will send you prepaid waybills and if applicable, packaging material, so that you may ship your AURALiC Product to an ASC or warehouse location in accordance with AURALiC’s instructions. Once service is complete, the ASC or warehouse location will return the AURALiC Product to you. AURALiC will pay for shipping to and from your location if all instructions are followed.

10. LIMITATION OF LIABILITY

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, AURALIC IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE AURALIC PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE AURALIC PRODUCT.

THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. AURALIC DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY AURALIC DEVICE UNDER THIS WARRANTY OR REPLACE THE AURALIC PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE AURALIC PRODUCT.

SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11. GENERAL

No AURALiC reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the AURALiC Product purchase took place. AURALiC or its successor in title is the warrantor under this Warranty.

Last updated: 20 May, 2018