Warranty¶
ControlGuard vX includes a limited warranty and require valid licensing for operation and technical support eligibility. Please refer to our support section for more details on our technical support plans.
LIMITED WARRANTY AND DISCLAIMER
1. Limited Software Warranty
Exosys Sàrl warrants that, for ninety (90) days from initial delivery of the
Licensed Software (the “Warranty Period”), the Licensed Software will perform
substantially in accordance with the then-current Documentation when properly
installed and used on the recommended virtualized environment and hardware.
2. Exclusive Remedy
If the Licensed Software fails to conform during the Warranty Period,
Licensee’s exclusive remedy and Exosys Sàrl’s sole liability shall be, at
Exosys Sàrl’s option:
(a) repair or replacement of the Licensed Software; or
(b) if repair or replacement is not feasible, refund of license fees paid
(depreciated straight-line over five (5) years) and termination of the
license.
3. Exclusions from Warranty
This warranty does not apply to non-conformance caused by:
(a) use on unapproved hardware, hypervisor, or cloud platform;
(b) modification by anyone other than Exosys Sàrl;
(c) accident, misuse, negligence, or operation outside Documentation;
(d) integration with unapproved third-party products;
(e) failure to apply updates provided by Exosys Sàrl; or
(f) force majeure or events beyond Exosys Sàrl’s reasonable control.
4. Virtualized Environment Performance
Licensee acknowledges that performance in virtualized/cloud environments may
be affected by hypervisor, resource contention, network latency, and provider
configuration. Exosys Sàrl does not warrant specific performance metrics unless
separately guaranteed in writing.
5. Disclaimer
EXCEPT FOR THE ABOVE LIMITED WARRANTY, THE LICENSED SOFTWARE IS PROVIDED
“AS IS”. EXOSYS SARL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. IN NO EVENT SHALL EXOSYS SARL BE LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
END OF WARRANTY AND DISCLAIMER