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determines is substantially equivalent (or superior) in all material respects to
the defective Hardware. The Warranty Period shall extend for an additional
ninety (90) days after any repaired or replaced Hardware is delivered. If a
material defect is incapable of correction, or if D-Link determines in its sole
discretion that it is not practical to repair or replace the defective Hardware,
the price paid by the original purchaser for the defective Hardware will be
refunded by D-Link upon return to D-Link of the defective Hardware. All
Hardware (or part thereof) that is replaced by D-Link, or for which the
purchase price is refunded, shall become the property of D-Link upon
replacement or refund.
Limited Software Warranty: D-Link warrants that the software portion of
the product (“Software”) will substantially conform to D-Link’s then current
functional specifications for the Software, as set forth in the applicable
documentation, from the date of original delivery of the Software for a
period of ninety (90) days (“Warranty Period”), if the Software is properly
installed on approved hardware and operated as contemplated in its
documentation. D-Link further warrants that, during the Warranty Period,
the magnetic media on which D-Link delivers the Software will be free of
physical defects. D-Link’s sole obligation shall be to replace the
non-conforming Software (or defective media) with software that
substantially conforms to D-Link’s functional specifications for the
Software. Except as otherwise agreed by D-Link in writing, the replacement
Software is provided only to the original licensee, and is subject to the terms
and conditions of the license granted by D-Link for the Software. The
Warranty Period shall extend for an additional ninety (90) days after any
replacement Software is delivered. If a material non-conformance is
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