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WARRANTY, WARRANTY DISCLAIMER, AND LIMITATIONS OF LIABILITY LIMITED WARRANTY Draco Broadcast warrants that hardware products will be free from defects in material and workmanship for a period of one year from the date of purchase. However, this warranty does not cover light stands which are included as zero-dollar items in a multi-light kit. This warranty also does not cover any light which has been opened up by anyone (regardless of what degrees or training the person has) who is not an authorized Dracast service technician. SCOPE OF LIMITED WARRANTY This Limited Warranty applies to Draco Broadcast-branded products purchased directly from Draco Broadcast, or through an authorized reseller or distributor. Used products or items sold through non-authorized channels are not covered under warranty. If there is any doubt as to the status of a reseller, please contact Draco Broadcast for clarification. The Limited Warranty period starts on the date of purchase from Draco Broadcast or its authorized reseller or distributor. Customers may be required to provide a proof of purchase as a condition of receiving warranty service. WARRANTY PROCEDURES AND REMEDIES During the applicable warranty period, if a customer is unable to resolve a product problem and Draco Broadcast Technical Support determines the product is defective, a Return Material Authorization (RMA) will be issued. The Draco Broadcast warranty covers service processing, parts and materials, as well as labor. Please be aware that this warranty only covers domestic shipping during the first 30 days, International shipping is not included and will need to be paid by the customer. If it has been more than 30 days from the date of purchase, shipping in to our repair facility will need to be paid by the customer, and the customer will be invoiced for return shipping once services are completed. If the product is not under warranty, the customer may have Draco Broadcast repair the unit on a fee basis or return it. No services are handled at the customer’s location under this Limited Warranty. Following receipt of an RMA number, the customer shall return the product to Draco Broadcast, freight prepaid. Upon verification of warranty, Draco Broadcast will, at its option, repair or replace the product and return it to the customer after collecting payment for the return shipping. Repaired items will have a 90 day warranty from the date of service, or the remainder of the regular warranty (if any), whichever is longer. WARRANTY EXCLUSIONS No warranty will apply if the Hardware (1) has been altered, except by Draco Broadcast; (2) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Draco Broadcast in the applicable product documentation; (3) has been used in violation of the license granted by Draco Broadcast; or (4) has been subjected to unreasonable physical, thermal or electrical stress, misuse, negligence, accident, or improper operation by the user. The Limited Warranty does not extend to any damages, malfunctions, or non-conformities caused by (1) normal wear due to product use; or (2) use of non-Draco Broadcast furnished equipment or software with products. MISSING ITEMS FROM ORDER Draco Broadcast is not responsible for missing items from packages which are not opened and inspected within the first 30 days. In order to be able to request replacement items, missing from an order, you must contact Draco Broadcast within 30 days of receiving your order (or 30 days from the purchase date if no tracking information is available). Items which are discovered to be missing from an order after the first 30 days can be purchased at a discount during the one-year warranty period, after which time, the full purchase price must be paid for any replacements. DISCLAIMER EXCEPT AS EXPRESSLY SET FORTH ABOVE, DRACO BROADCAST MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, OR WARRANTIES OR OBLIGATIONS ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. FURTHER, DRACO BROADCAST DOES NOT WARRANT THAT ITS SOFTWARE IS ERROR FREE OR THAT END USERS WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT PROBLEMS OR INTERRUPTION. LIMITATION OF LIABILITY YOUR EXCLUSIVE REMEDY FOR ANY DEFECTIVE PRODUCT IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT. IN NO EVENT WILL DRACO BROADCAST OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF DRACO BROADCAST OR ITS AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT ANY REMEDY PROVIDED SHOULD FAIL OF ITS ESSENTIAL PURPOSE. THE TOTAL CUMULATIVE LIABILITY TO AN OEM MANUFACTUER OR END USER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT. We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You must understand and agree that your use of this site is at your own risk. CONFIDENTIALITY You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Draco Broadcast. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner. NON-WAIVER Failure of Draco Broadcast to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision. MISCELLANEOUS The laws of the State of California, USA, govern this Limited Warranty. It gives you specific legal rights, and you may also have other rights that vary from state to state. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions in this limited warranty statement may not apply to you. For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by this Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of California, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. To the extent there is a conflict between this Limited Warranty and an agreement between Draco Broadcast and a distributor, reseller, or end user, the terms of the agreement will prevail. If any provision of this Limited Warranty is determined to be unenforceable or invalid by court decision, the policy will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law. Draco Broadcast is not responsible for any warranty, support or maintenance commitments made by its distributors, resellers, or other parties. Draco Broadcast reserves the right to amend or change this policy at its sole discretion at any time.