AWS Elemental Link One-Year Limited Hardware Warranty

Last Updated: September 17, 2021

This One-Year Limited Warranty (“Warranty”) covers only the AWS Elemental Link (the “AWS Elemental Link” or the “Device”) purchased from Elemental Technologies LLC, 1320 SW Broadway, Suite 400, Portland, Oregon 97201, United States (“AWS Elemental” and also referred to in this Warranty as “we,” "us,” or “our”) or an authorized retailer.

Subject to your compliance with the AWS Elemental Appliances and Software Terms of Service (the “Agreement”), we warrant that AWS Elemental Link, when operated in accordance with the applicable Documentation, will for a period of one year from Delivery ("Warranty Period"): (a) be materially free of defects in materials and workmanship and (b) perform substantially in accordance with the applicable Documentation. For Devices purchased from an authorized retailer, “Delivery” means the date you first pair your Device with your AWS Account. During this Warranty Period, if a defect arises in an AWS Elemental Link, and you follow the instructions below for requesting warranty support, we will at our option, to the extent permitted by law, either (i) repair the Device using either new or refurbished parts, (ii) replace it with a new or refurbished Device that is materially equivalent in performance to the Device to be replaced, or (iii) refund to you all or part of the purchase price of the Device. This Warranty applies, to the extent permitted by law, to any repair, replacement part or replacement Device for the remainder of the original Warranty Period or for ninety days, whichever period is longer. All replaced parts and Devices for which a refund is given shall become our property. This Warranty applies only to hardware components of the Device that are not subject to accident, misuse, neglect, fire or other external causes, alterations, modifications, repair, or commercial use. Further, AWS Elemental Link Devices are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, such as any application in which the failure of the AWS Elemental Link could lead directly to death, personal injury, or physical or property damage (collectively, “High-Risk Activities”). We expressly disclaim any express or implied warranty of fitness for High-Risk Activities.

Instructions. For specific instructions about how to obtain warranty service for your Device, please contact AWS Support via your AWS Account. If AWS Support confirm that there is a possible problem with your Device covered by this Warranty, AWS Support will provide you with an AWS Support case number and instructions on how to return the Device to AWS Elemental using an RMA process. In general, you will need to deliver your Device, including any parts and accessories, in either its original packaging or in equally protective packaging to the address specified by AWS Elemental. Before you deliver your Device for warranty service, it is your responsibility to delete any of Your Content stored on a Device and back up any of Your Content that you may have stored or preserved on your Device. It is possible that Your Content (such as storage media, data, software or other materials) will be destroyed, lost or reformatted during service, and we will not be responsible for any such damage or loss.

Limitations. TO THE EXTENT PERMITTED BY LAW, THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, AND WE SPECIFICALLY DISCLAIM ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST HIDDEN OR LATENT DEFECTS. IF WE 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 LIMITED WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES, LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY. IN SOME JURISDICTIONS THE FOREGOING LIMITATION DOES NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSSLY NEGLIGENT ACTS AND/OR OMISSIONS, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

This Warranty gives you specific rights. You may have additional rights under applicable law, and this Warranty does not affect such rights.