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<br /> <br />DISCLAIMER OF WARRANTIES. <br />Proprietary Hardware. Uniguest warrants <br />that all Proprietary Hardware will operate <br />materially in accordance with any written <br />specifications provided by Uniguest relating <br />to such Proprietary Hardware for a period of <br />24 months from the date the Proprietary <br />Hardware is shipped. Excluded from such <br />warranty are Software issues, issues arising <br />from the combination of the Proprietary <br />Hardware with other materials or systems <br />not provided or approved in writing by <br />Uniguest, damage or loss to the Proprietary <br />Hardware after risk of loss for such <br />Proprietary Hardware has transferred to <br />Customer, or modifications or repairs made <br />to the Proprietary Hardware by any party not <br />authorized by Uniguest. Customer’s <br />exclusive remedy for any breach of the <br />foregoing Proprietary Hardware warranty will <br />be limited to repair or replacement of the <br />defective Proprietary Hardware (at <br />Uniguest’s sole option) or if Uniguest <br />determines, in its sole discretion, that it is <br />unable to repair or replace the defective <br />Proprietary Hardware, Uniguest will issue <br />Customer a refund of the original purchase <br />price paid by Customer for the defective <br />Proprietary Hardware amortized over the 2- <br />year warranty term prorated as of the date <br />Uniguest was first informed of the defect by <br />Customer. Repair or replacement of any <br />defective Proprietary Hardware will not be <br />deemed to extend the 2-year warranty term. <br />Any repaired or replaced Proprietary <br />Hardware will be covered under the <br />foregoing warranty for the duration of the <br />warranty term applicable to the original <br />Proprietary Hardware that was repaired or <br />replaced. <br />Third Party Materials. Customer understands <br />and acknowledges that Uniguest is not the <br />manufacturer, supplier, publisher or <br />publisher (referred to herein as the “Third <br />Party Provider”) of any Third Party Materials <br />offered under this Agreement, and to the <br />extent it is providing any such Third Party <br />Materials as part of the Products and <br />Services, it is doing so only in a reseller <br />capacity. As such, Uniguest will pass through <br />to Customer, to the extent available and <br />assignable, any such Third Party Provider’s <br />warranties associated with the Third Party <br /> <br /> <br />7