KeyW warrants MAXDRIVE™ against defects in material and workmanship for a period of twelve (12) months from the date of delivery (the “Warranty Period”). KeyW will, at its sole option, repair or replace MAXDRIVES™ determined to be defective under this Limited Warranty which are returned promptly and properly to KeyW, but no later than ten (10) days after expiration of the Warranty Period. Customer shall provide for any removal of the defective unit from any product with which it has been integrated subsequent to leaving KeyW’s facility. Replacement parts may be reconditioned and will not extend the Warranty Period. Warranty service will be performed after the defective unit covered under this Limited Warranty is returned to KeyW’s facility at customer’s sole expense. MAXDRIVES™ covered by this Limited Warranty will be returned to customer with freight prepaid by KeyW. Customer is responsible for all risk of loss and for all import/export documents, licenses, customs clearances, applicable duties and customs charges, and other requirements and charges associated with returns to and from the United States; and for installation. In the event that KeyW repairs or replaces a defective MAXDRIVE™, the repaired or replaced product will be covered through the end of the Limited Warranty, but no repair or replacement will extend the warranty term past the last day of the Warranty Period. This Limited Warranty is not assignable, nor is any third party intended to be benefited hereby.
Nothing herein shall obligate KeyW to perform or provide on-site diagnostics, repair, installation efforts or support services with respect to MAXDRIVE™. Any such on-site diagnostics, repair, installation efforts or support services shall be subject to additional fees and a separate agreement.
This Limited Warranty shall not apply to any MAXDRIVE™ or parts thereof, that (a) has had the Serial Number, Model Number or other identification markings altered, removed or rendered illegible; (b) has been damaged by or subject to improper installation or operation, misuse, neglect, accident, shock, electrostatic discharge, heat, humidity, exposure to liquid, dampness, sand, dirt, scratches, dents, damage from using excessive force, fire, flood, windstorm, improper maintenance, modification or lost passwords; (c) has been repaired or altered by other than KeyW personnel or an authorized representative and/or has been subject to the opening of any seals without KeyW’s prior written consent, and/or; (d) has been used in any way other than in strict compliance with KeyW’s installation and operation instructions provided with the MAXDRIVE™.
All MAXDRIVES™ returned under a warranty claim must be returned in accordance with KeyW’s standard return material authorization procedures, including a written claim reciting the nature and details of the claim, the date the cause of the claim was first observed and the unit serial number.
Notwithstanding anything to the contrary herein, this Limited Warranty shall not apply to any third party products or software. KeyW will, when permitted, pass through any manufacturer’s warranty on third party products or software to customer.
Before returning MAXDRIVE™ for service to KeyW, customer shall back up any software or data. In no event will KeyW be liable to customer or any third party for any damages of any kind whatsoever relating to or arising out of damage to, or loss or corruption of, any records, programs or other data resulting from KeyW’s repair or replacement under this Limited Warranty.