Cablecast Hardware Warranty
Tightrope provides a hardware warranty (Hardware Warranty) for every Licensed System sold that has a hardware component (Tightrope Hardware). Tightrope’s Hardware Warranty is limited to the following terms:
Tightrope warrants Tightrope Hardware against defects in materials and workmanship under normal use for a period of three (3) years from the date of shipment from Tightrope’s factory (Warranty Period). If a defect arises in the purchased Tightrope Hardware and a valid claim is received within the Warranty Period, at its option and to the extent permitted by law, Tightrope will either (1) repair the defect at no charge, using new or refurbished replacement parts, (2) exchange the Tightrope Hardware with a replacement that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Tightrope Hardware, or (3) refund the purchase price of the Tightrope Hardware. Tightrope may request that you or a licensed dealer replace defective parts with new or refurbished user-installable parts that Tightrope provides in fulfillment of its warranty obligation. A good example of this would be a failing hard drive in a RAID system.
Replacement Tightrope Hardware, including user-installable parts that have been installed in accordance with instructions provided or conveyed by Tightrope, assume the remaining warranty of the original Tightrope Hardware or for ninety (90) days from the date of replacement or repair, whichever provides longer coverage for the Licensee. When Tightrope Hardware or a part is exchanged, any replacement item becomes your property and the replaced item becomes Tightrope’s property. Parts provided by Tightrope in fulfillment of its warranty obligation must be used in Tightrope Hardware for which the warranty service is claimed. When a refund is given, the Tightrope Hardware for which the refund is provided must be returned to Tightrope and becomes Tightrope’s property.
21.1 Important Limitations to the Hardware Warranty
This Limited Warranty applies only to Tightrope Hardware manufactured by or for Tightrope and excludes special order items not found on the official Tightrope price list. Licensed software, from Tightrope or other third parties, is not covered by the terms of this warranty. See the software license agreement for further details.
Tightrope does not warrant that the operation of the Tightrope Hardware will be uninterrupted or error-free. Tightrope is not responsible for damage arising from failure to follow instructions relating to the use of Tightrope Hardware.
This warranty does not apply: (1) to damage caused by use with non- Tightrope Hardware; (2) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (3) to damage caused by operating the Tightrope Hardware outside the permitted or intended uses described by Tightrope; (4) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Tightrope or an Authorized Reseller; (5) to Tightrope Hardware or parts that have been modified to alter functionality or capability without the written permission of Tightrope; (6) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (7) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, that does not otherwise affect Tightrope Hardware’s functionality or materially impair your use; or (8) if any Tightrope serial number or warranty stickers have been removed or defaced.
To the extent permitted by law, this warranty and remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, statutory, express or implied. As permitted by applicable law, Tightrope specifically disclaims any and all statutory or implied warranties, including, without limitation, warranties of merchant ability, fitness for a particular purpose and warranties against hidden or latent defects. If Tightrope cannot lawfully disclaim statutory or implied warranties, then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express warranty and to repair or replacement service as determined by Tightrope in its sole discretion. No Authorized Reseller, agent or employee is authorized to make any modification, extension, or addition to this warranty, unless under the express terms of Tightrope’s System Assurance contract. If any term is held to be illegal or unenforceable, the legality or enforce ability of the remaining terms shall not be affected or impaired.
Except as provided in this warranty and to the extent permitted by law, Tightrope 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 goodwill; loss of reputation; loss of damage to 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 or used with Tightrope Hardware and any failure to maintain the confidentiality of data stored on Tightrope Hardware. 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. Tightrope disclaims any representation that it will be able to repair any Tightrope Hardware under this Limited Warranty or make an exchange without risk to or loss of the programs or data.
Obtaining a Return Merchandize Authorization (RMA)
After contacting technical support and determining that Tightrope Hardware is defective or inoperable, a return merchandize authorization (RMA) will be issued. An RMA is required before a unit is sent to a Tightrope servicing facility. Once an RMA number is received, package the inoperable equipment in its original packaging and write the RMA number in a conspicuous location using a waterproof marker. This RMA number will serve as a service-tracking tool for our technical services department.
Shipping Tightrope Hardware to Tightrope
You must use the original box that your Tightrope Hardware came with when shipping it back to Tightrope for service. If you need a replacement box, please contact Tightrope. Charges may apply, so retain your original box, if at all possible. Shipping your Tightrope Hardware in any box, other than the original box from Tightrope or a replacement box provided by Tightrope, is prohibited and will void the warranty; do not ever ship your Tightrope Server in any other box.
Warranty Support and Data Loss
Tightrope will make reasonable efforts to protect and transfer any data as a part of its service procedures. Tightrope is not liable for losses or damages of any kind resulting from the loss of customer data during repair, upgrade or installation procedures. By choosing to send equipment to Tightrope with an RMA number, the customer agrees to hold Tightrope harmless for any damages that result from a loss of data, or any unintended transfer of data to a third party. Reasonable measures will be observed to keep customer data safe while equipment is at Tightrope’s repair facility, but these measures are not to be interpreted as a guarantee of any kind.