These TERMS and CONDITIONS of warranty, service, and support (TERMS AND CONDITIONS) cover services provided by Snap Server, Inc. (Snap Server) to customers (CUSTOMERS) who have purchased SnapServer products (PRODUCT(S)) from Snap Server.

LIMITED HARDWARE WARRANTY
Snap Server warrants that Snap Server or its designated third-party service provider (SERVICE PROVIDER) will repair or exchange, at Snap Server’s option and without charge to CUSTOMER, each PRODUCT failing to function properly under normal use during the Limited Warranty Period (LIMITED WARRANTY.) The LIMITED WARRANTY period starts on the date of shipment from Snap Server or the purchase date from a Snap Server reseller and continues for the applicable time specified on the SnapServer website or for a period during with Snap Server agrees to extend such LIMITED PRODUCT warranty.

Normal LIMITED WARRANTY extensions are provided annually calculated from the day after expiration until the expiration date 1-year later. If a CUSTOMER wishes to co-term multiple PRODUCTS that will not fall within the same month, Snap Server may offer monthly additions by pro-rating the annual cost of the standard LIMITED WARRANTY to synchronize PRODUCT. While the date of renewal will fall on a specific day of the month, the customer must bear the cost for the entire month.

CUSTOMER’S LIMTED WARRANTY is NOT in effect until the Snap Server receives your completed Warranty registration on the SnapServer website and confirmation is made by a representative of Snap Server. Processing and confirmation may take up to 15 business days after receipt of warranty registration by Snap Server. Snap Server warrants that the software functionality for specified Snap Server products will substantially conform to its published specification for a period specified by the SnapServer website. This LIMITED WARRANTY extends only to the end customer as the original license. Snap Server will comply with all applicable laws, rules, and regulations in connection with its activities under the published End User License Agreement (EULA). Please refer to the EULA for the PRODUCTS complete statement of warranty.

Any PRODUCT, which Snap Server has authorized to be replaced must be returned to Snap Server per the terms of the warranty. For Return to Factory (RTF) replacement materials, CUSTOMER must first ship the PRODUCT to Snap Server at the CUSTOMER’s expense. Once Snap Server receives the part, the repaired or replaced item will be shipped to CUSTOMER at Snap Server’s expense.

For Advanced Warranty Replacement, defined as sending the replacement part to CUSTOMER before the defective part has been returned, the CUSTOMER is obligated to return the replaced material within the stated timeframe to maintain LIMITED WARRANTY entitlements. Failure to comply will result in suspension of the LIMITED WARRANTY and grant Snap Server the right to invoice the CUSTOMER at current list price for the replacement material.

Other terms and conditions relating to duration, scope, and procedures of LIMITED WARRANTY are available on the SnapServer website.

UPGRADED WARRANTY COVERAGE AND ADDITIONAL PURCHASED SERVICES
In addition to LIMITED WARRANTY for all SnapServer PRODUCTS, CUSTOMERS may purchase upon payment of applicable fees to extend the terms of the LIMITED WARRANTY period, upgrade warranties, or other maintenance or installation services, whether onsite or remote, provided (SERVICES.) Purchased SERVICES are valid to the original end-user only and are not transferrable or refundable.

If CUSTOMER has purchased SERVICES, Snap Server or its SERVICE PROVIDER will provide SERVICES, effective the date Snap Server receives and processes a payment method (Direct pay, purchase order, etc.). Processing a purchase order may take up to 15 business days after receipt of your order from Snap Server. SERVICES cannot be provided by unapproved approval authorizations by CUSTOMER such as email promissory notes or signed quotes.

Snap Server or Snap Server’s approved SERVICE PROVIDER will use commercially reasonable efforts to respond to CUSTOMER’S request for SERVICES or support within the response time set forth on the SnapServer website. Snap Server or Snap Server’s approved SERVICE PROVIDER will use reasonable care to assure that all services are performed in a professional manner by competent and trained individuals using generally accepted industry standards and practices.

If the LIMITED WARRANTY has expired or if ownership of the PRODUCT has been transferred to another end-user, Snap Server or the SERVICE PROVIDER may require an inspection of the PRODUCT before LIMITED WARRANTY is reactivated. CUSTOMER will bear the expense of such inspection, as well as any expenses incurred to repair the unit to good working order to qualify for LIMITED WARRANTY. If a PRODUCT has expired Snap Server will offer a 60-day grace period for LIMITED WARRANTY renewal. If the expiration goes past 60-days Snap Server will require a recertification of the PRODUCT’S condition before reinstating LIMITED WARRANTY. The customer must bear the cost of the recertification process.

TECHNICAL AND TELEPHONE SUPPORT
CUSTOMER receives standard support in the following ways:

Access to the SnapServer website customer portal at http://www.snapserver.com/support/. A customer must create an account to be able to place work order ticket in the system.
Web site self-support which includes FAQ’s, user guides, application notes, and other information designed to maximize the benefits of your PRODUCT and enable the customer to resolve issues without the need for additional assistance. This feature is available 7x24x365.
Telephone support to generate a service ticket is provided during Snap Server standard business hours (excluding legal holidays observed by Snap Server or its authorized SERVICE PROVIDER.)
PRODUCT LOCATION
CUSTOMER will only receive support only at the location initially designated by CUSTOMER provided at registration. If the PRODUCT moves locations, the CUSTOMER is responsible for updating the records of the new location. SERVICES will not be provided at any other location, unless Snap Server agrees to such other locations. No onsite support SERVICES may be provided to PRODUCTS located in private residences.

If CUSTOMER wishes to relocate the PRODUCT, a 30-day prior notice will be provided to Snap Server. Depending on circumstances Snap Server may requires a re-certification fee to ensure PRODUCT is operating properly. The customer must bear the cost of the recertification process. No refund will be made for purchased SERVICES to assist with re-location or re-certification.

CUSTOMER REPLACEMENT UNITS (CRUS) AND FIELD REPLACEMENT UNITS (FRUS)
Customer Replacement Unit (CRU) parts apply to produce failures where the identified defect that can be, as determined by Snap Server, a replacement part self-serviced by the CUSTOMER. CRUs may include hard drives, power supplies, fan assemblies, certain HBA cards, and/or whole chassis replacements. Once the problem is determined and a CRU resolution is confirmed by Snap Server, the CRU parts are shipped directly to the customer
Field Replacement Unit (FRU) parts apply to product failures where the identified defect has been deemed by Snap Server to be part that is not customer serviceable. In this case, Snap Server will dispatch a service technician to the CUSTOMER site to replace the defective part for the service-level contract/entitlement terms. FRU parts may include chassis assemblies, processors, certain interface cards, and power supply components. Onsite support is only provided under certain support tiers and is limited to certain regions. To determine if your area qualifies for onsite support check with your SnapServer sales representative.
ON-SITE SUPPORT
Snap Server may, at its sole discretion, determine if a defect can be repaired one of the following ways:

Remotely
By use of a CRU part and the customer performs a self-repair
By a service call by an authorized SnapServer SERVICE PROVIDER at the location of the defective PRODUCT. Onsite support is only provided under certain support models and if the PRODUCT is within certain geographical locations.
If Snap Server determines that an onsite service call is required and the PRODUCT is located within a supported region, CUSTOMER will provide the Snap Server or its SERVICE PROVIDER approved technician: 1. Full and free access to the PRODUCT and the use of any product, attachments, documentation, software, diagnostics, and any other equipment necessary to provide SERVICE to the PRODUCT, 2. Adequate and safe working environment including lighting, heating, ventilation and electrical outlets. CUSTOMER is responsible to move furniture, equipment, stored materials, or any other object as deemed by the technician to properly service the PRODUCT.

THIRD-PARTY SOFTWARE
Third-Party software may be included in PRODUCTS. Third-Party software is any free, or open source software provided by Snap Server but separately licensed. Third-Party software could also include software provided by a company outside of Snap Server. Third-Party software is not provided as part of the standard WARRANTY AND TERMS.

EXCLUSIONS
Snap Server will have no obligation to provide any WARRANTY AND TERMS or SERVICES when the product has been: 1. Altered or modified from which the serial number or any warranty seal has been removed or that have been damaged or rendered defective, 2. Damage as a result of repairs by anyone other than Snap Server or an authorized SERVICE PROVIDER, accident, misuse, abuse, or other external causes, 3. Products incorporated into other products not manufactured by Snap Server or have parts or accessories that have not been provided or installed by Snap Server or its SERVICE PROVIDER, 4. Products used in another capacity outside the specified uses found in the SnapServer user manual, specifications, or documentation found on the SnapServer website, 5. Re-painting or re-finishing.

CHARGES AND OBLIGATIONS
Snap Server will invoice and CUSTOMER will pay Snap Server the applicable SERVICES fees or other charges set forth and in accordance with the WARRANTY AND TERMS. Service fees are exclusive of any taxes that may apply.

DATA AND PRIVACY
It is the CUSTOMER’S responsibility to make backup copies of CUSTOMER’s data and to ensure that all its data and files are adequately duplicated and documented. Before allowing SERVICE of any PRODUCT, CUSTOMER must backup data and remove any files deemed confidential, proprietary, or personal. Neither Snap Server nor its SERVICE PROVIDERS will be liable for any confidential or private information or data contained in any product, hardware, software, or media. Neither Snap Server nor its SERVICE PROVIDERS will have any liability arising out of any damage to or loss of such data while the PRODUCT is in Snap Server’s or the SERVICE PROVIDER’S possession. Snap Server and/or the SERVICE PROVIDER will be responsible for the backup, saving, offloading, recovery, restoration, or re-installation of any programs or data other than software installed by Snap Server.

DISCLAIMERS
Snap Server and/or the approved SERVICE PROVIDER will not be responsible for technical services of any sort related to system design or operation, programming, or software not sold by Snap Server. Neither Snap Server nor its SERVICE PROVIDER will be liable for any claim made by an outside third-party or made by CUSTOMER for any damage that occurs because of a CUSTOMER’S failure to follow the approved product instructions.

Except as expressly set forth in these WARRANTY AND TERMS, Snap Server makes no other warranties, express or implied, including implied warranties of merchantability and fitness for particular purpose. Snap Server does not warrant that the functions contained in the PRODUCTS will meet the CUSTOMER’S requirements or be uninterrupted or error-free. Laws from time to time in force in the relevant market may imply warranties which cannot be excluded or which can only be excluded to a limited extent, in which case, Snap Server limits warranty shall be read and construed subject to such statutory provisions.

Snap Server PRODUCTS may be manufactured from new parts, or new and used parts. Unless specified identified as “used” or “refurbished” all Snap Server PRODUCTS shall be covered by their specific standard warranties’ entitlement at the time of customer purchase.

LIMITATIONS OF LIABILITY
Under no circumstances will Snap Server or its approved SERVICE PROVIDERS, resellers, affiliates, employees, officers, directors, or agents be liable for any consequential, indirect, special, punitive, or incidental damages, whether foreseeable or unforeseeable (including but not limited to, claims for loss of data, goodwill, inconvenience, delays, profits, use of money or use of Snap Server products, interruption in use of availability of data.

Snap Server and its approved SERVICE PROVIDER’S entire liability and CUSTOMER’S sole and exclusive remedy for claims to or arising out of these terms and conditions for any cause and despite the form of action, whether in contract or in tort, statutory, or otherwise, including negligence and strict liability, will not exceed the amount of the service fees that customer paid to company during the particular term in which such damage occurred. This limitation of liability will be in effect even if customer has advised Snap Server or its SERVICE PROVIDER of the possibility of any such damage.

These WARRANTY AND TERMS gives the CUSTOMER specific legal rights. The CUSTOMER may also have other rights that may vary from state to state or country to country. CUSTOMER is advised to consult applicable state or country laws for a full determination of CUSTOMER’s rights. Some states or countries do not allow a limitation on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages for PRODUCTS. In such states or countries, some exclusions or limitations of these WARRANTY and TERMS may not apply to customers.

GENERAL TERMS
Neither Snap Server nor its SERVICE PROVIDERS is responsible for failure to fulfill its obligations pursuant to these WARRANTY AND TERMS due to force majeure (acts of God), labor disputes, shortages of parts or materials, or any other causes similar or dissimilar beyond reasonable control.

These WARRANTY AND TERMS along with service models constitute the complete and exclusive agreement regarding the warranty and service terms and conditions of Snap Server’s SnapServer branded products. These WARRANTY AND TERMS supersede any prior agreements or representatives – including representation made by Snap Server sales literature or advice given by Snap Server representatives, a SERVICE PROVIDER representative, a reseller, and agent or employee. No change to the conditions of these WARRANTY AND TERMS at any time is valid unless made in writing and signed by an authorized representative of Snap Server. Snap Server may at its sole discretion modify the WARRANTY AND TERMS at any time. If any provision of these WARRANTY AND TERMS is held invalid by any law or regulation of any government or by a court, such invalidity will not affect the enforceability of other provisions in these WARRANTY AND TERMS.

These WARRANTY AND TERMS will be governed by the laws of the State of California. Any legal suite, action, or proceeding arising out of or relating to these WARRANTY AND TERMS will be commenced in a federal or state court in the County of San Francisco, California and each party hereto irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action, or proceeding.