The warranty described herein (this “Warranty”) gives you specific legal rights with respect to any original VULT product that you purchase from Secured Worldwide (referred to below as the “VULT product”). You may have other rights that apply in the jurisdiction where you purchase the VULT product. Other than as set forth below, Secured Worldwide does not exclude, limit or suspend any other rights you may have. For a full understanding of your rights with respect to the VULT product, you should consult the laws of the jurisdiction in which you purchase the product.

 

Scope of Warranty

Secured Worldwide warrants the VULT product, the associated authentication technology and accessories included in the original packaging against defects in materials and workmanship when used normally in accordance with Secured Worldwide’s published guidelines for a period of two (2) years from the date of original purchase by the end client (“Warranty Period”). Secured Worldwide’s published guidelines are available at www.VULT.com. Secured Worldwide is not responsible for damage arising from failure to follow its published guidelines.

This Warranty does not apply to any non-VULT products or any software, even if packaged or sold with the VULT product. Manufacturers, suppliers or publishers, other than Secured Worldwide, may provide their own warranties to you; please contact them for further information. Software distributed by Secured Worldwide with or without the VULT brand 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.

This Warranty does not apply to: (a) diamonds contained in the VULT product; (b) protective coatings that are designed to diminish over time, unless failure has occurred due to defects in materials or workmanship; (c) cosmetic damage, including but not limited to scratches, dents and discoloration; (d) damage caused by accident, abuse, misuse, contact with liquid, fire, earthquake or other external cause; (e) damage caused by using the VULT product outside of Secured Worldwide’s published guidelines; (f) damage caused by service performed by anyone who is not a Secured Worldwide representative or technician; (g) any VULT product that has been modified to alter functionality or capability without Secured Worldwide’s written permission; (h) damage caused by normal wear and tear or otherwise due to the normal aging of the VULT product; or (i) to the VULT product in any respect if it has been opened by someone other than a Secured Worldwide representative or if any serial number on the VULT product has been removed or defaced.

 

Your Responsibilities

Do not dismantle or tamper with the VULT casing and enclosure. Opening the VULT product will invalidate this Warranty.

Before providing any warranty service, Secured Worldwide may require that you furnish proof of purchase details, respond to questions designed to assist with identifying possible defects and follow Secured Worldwide’s procedures for obtaining warranty service.

Following warranty service, the VULT product or a replacement VULT product will be returned to you in the condition of the VULT product at the time of original purchase from Secured Worldwide to the extent reasonably practicable.

 

Claims for Breach of Warranty

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

 

How to Seek Warranty Service

If you believe that you are entitled to service under this Warranty, please contact a Secured Worldwide representative in Secured Worldwide’s office in Hong Kong or New York. A Secured Worldwide representative will help determine whether your VULT product requires service and, if it does, will inform you how Secured Worldwide will provide it. When contacting Secured Worldwide via telephone, long distance telephone charges may apply depending on your location.

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

(i) Carry-in service. You may personally deliver your VULT product by visiting Secured Worldwide’s office in Hong Kong or New York.

(ii) Secured delivery service. You may arrange for secured delivery of the VULT product to Secured Worldwide’s office in Hong Kong or New York. Secured Worldwide may offer secured delivery services on terms and conditions determined by Secured Worldwide from time to time. Please refer to available secured delivery services and applicable fees at www.VULT.com.

Upon receiving the VULT product and determining that warranty service is available, Secured Worldwide will determine where to perform the service. Once you are notified that service is complete, you will promptly retrieve the VULT product from the Secured Worldwide office to which the VULT product was originally delivered or you will arrange for the VULT product will be shipped to you at your expense via a secured delivery service.

Secured Worldwide reserves the right to change the method by which Secured Worldwide provides warranty services. Service options, parts availability and response times may vary according to the jurisdiction in which service is requested. If you seek service in a jurisdiction that is not the jurisdiction in which you originally purchased the VULT product from Secured Worldwide, you agree to comply with all applicable import and export laws and regulations and be responsible for all customs duties, V.A.T. and other associated taxes and charges.

 

Other Limitations and Disclaimers

To the extent permitted by law: (i) this Warranty and the remedies set forth herein are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied; and (ii) Secured Worldwide 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. Insofar as such warranties cannot be disclaimed, Secured Worldwide limits the duration and remedies of such warranties to the duration of this Warranty and, at Secured Worldwide’s option, to the repair or replacement services described above.

Except as provided in this Warranty and to the maximum extent permitted by law, Secured Worldwide is not responsible for direct, special, incidental or consequential damages resulting from any breach of this Warranty or 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 or damage to reputation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so any such exclusion or limitation specified above may not apply to you.

 

General

No Secured Worldwide employee or agent 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 will be construed under the laws of the jurisdiction in which your original purchase of the VULT product took place.

As used herein, “Secured Worldwide” shall be deemed to be the Secured Worldwide affiliate from which you purchased the VULT product.