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any part thereof) with any reconditioned product that D-Link reasonably
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)