WARRANTY COVERAGE

DNC's warranty obligations are limited to the terms set forth below: David Nathan Creations Ltd. ("DNC") warrants this hardware product against defects in materials and workmanship for a period of SIX MONTHS from the date of original retail purchase. If a defect exists, at its option DNC will (1) repair the product at no charge, using new or refurbished replacement parts, (2) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product. A replacement product/part assumes the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes DNC's property. When a refund is given, your product becomes DNC's property.

OBTAINING WARRANTY SERVICE

If you purchased the product in the U.S. and Canada, deliver the product, at your expense, to a DNC Authorized Service Provider. To locate a DNC Authorized Service Provider visit our web site at http://www.EducatingMario.com/.
Note: Before you deliver your product for warranty service it is your responsibility to keep a separate backup copy of your data. You will be responsible for reinstalling your data. Data recovery is not included in the warranty service and DNC is not responsible for data that may be lost or damaged during transit or a repair.

EXCLUSIONS AND LIMITATIONS

This Limited Warranty applies only to hardware products manufactured by or for DNC that can be identified by the "EducatingMario" and "CaptiGate" and "GatesBoy" trademarks, trade names, or logos affixed to them. The Limited Warranty does not apply to any non-DNC hardware products or any software, even if packaged or sold with DNC hardware. Non-DNC manufacturers, suppliers, or publishers may provide their own warranties. Software distributed by DNC under the "EducatingMario" and "CaptiGate" and "GatesBoy" brand names (including, but not limited to system software) is not covered under this Limited Warranty. Refer to the DNC Software License Agreement for more information. DNC and its Authorized Service Providers are not liable for any damage to or loss of any programs, data, or other information stored on any media, or any non-DNC product or part not covered by this warranty. Recovery and reinstallation of system and application software and user data are not covered under this Limited Warranty. This warranty does not apply: (a) to damage caused by accident, abuse, misuse, misapplication, or non-DNC products; (b) to damage caused by service (including upgrades and expansions) performed by anyone who is not a DNC Authorized Service Provider; (c) to a product or a part that has been modified without the written permission of DNC; or (d) if any DNC serial number has been removed or defaced
THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. DNC SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF DNC CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. No DNC reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty.
DNC 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 LOST PROFITS, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH DNC PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. DNC SPECIFICALLY DOES NOT REPRESENT THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA. Some states and provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by state or province.

EducatingMario, CaptiGate, and GatesBoy are trademarks of David Nathan Creations Ltd.