“Start Date” as used in this policy means (i) the date this product is shipped from the manufacturing facilities of Pulse Secure, LLC. (“Pulse Secure”), or (ii) in the case of resale by an authorized Pulse Secure distributor, the date not more than ninety (90) days after original shipment of this product by Pulse Secure.
Pulse Secure warrants that for a period of one (1) year from the Start Date, the Pulse Secure hardware purchased by customer ("Hardware") shall be free of defects in material and workmanship under normal authorized use consistent with the product instructions. This product warranty extends only to the original purchaser. In the event that Pulse Secure receives notice during the warranty period that any Hardware does not conform to its warranty, Customer's sole and exclusive remedy, and Pulse Secure sole and exclusive liability, shall be for Pulse Secure, at its sole option, to either repair or replace the non-conforming Hardware in accordance with this limited warranty. Hardware replaced under the terms of any such warranty may be refurbished or new equipment substituted at the option of Pulse Secure. Pulse Secure will use commercially reasonable efforts to ship the replacement Hardware within twenty (20) business days after receipt of the product at a Pulse Secure Repair Center. Actual delivery times may vary depending on the customer location.
Software embedded in Pulse Secure products or certain other Hardware products, as more specifically set forth on http://www.pulsesecure.net/support, for a period of fifteen (15) days from the date a customer receives such Hardware product, Pulse Secure will provide the customer that purchased such Hardware product access to one (1) download of the most recent commercially-available version of Software that is embedded in such product. Customer may download the Software by going to Software Downloads This right to download extends only to the original purchaser.
No warranty will apply if the Hardware or Software (i) has been altered, except by Pulse Secure; (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Pulse Secure in the enclosed documentation; or (iii) has been subjected to unreasonable physical, thermal or electrical stress, misuse, negligence, or accident. In addition, Hardware or Software is not designed or intended for use in (i) the design, construction, operation or maintenance of any nuclear facility, (ii) navigating or operating aircraft; or (iii) operating life-support or life-critical medical equipment, and Pulse Secure disclaims any express or implied warranty of fitness for such uses. Customer is solely responsible for backing up its programs and data to protect against loss or corruption. Pulse Secure warranty obligations do not include installation support.
Dead On Arrival ("DOA")
For up to thirty (30) days from the Start Date, Pulse Secure will provide expedited replacement of affected field replaceable units of Hardware that fail to operate within twenty-four (24) hours of initial installation. For purposes of this DOA policy, "fail to operate" shall mean a material failure to substantially perform in accordance with the Hardware's technical specifications and shall not include cosmetic or other deficiencies that do not materially affect Hardware performance. A new field replaceable unit will be shipped from Pulse Secure manufacturing facilities within two (2) business days of Pulse Secure’ receipt and validation of customer's notification of an inoperative unit. Notification must be sent by customer via online procedures set forth below. Defective Hardware must be returned within thirty (30) days of failure, or customer pays purchase price of replacement Hardware. Non-U.S. customers should allow for additional transit time due to international customs clearance.
Hardware Return Procedures
Any defective item can only be returned if it references a return material authorization ("RMA") number issued by authorized Pulse Secure service personnel, or a Pulse Secure Authorized Service Partner (ASP). To request an RMA number, customer must contact Pulse Secure Global Support Center ("PSGSC") via the online resource available at the URL: http://www.pulsesecure.net/support. PSGSC will only assist customers with online RMA processing pursuant to the terms of this warranty and will not provide any troubleshooting, configuration or installation assistance. Telephone calls to PSGSC will not be accepted unless the customer has purchased a valid Pulse Secure service contract that is in effect as of the time of the call. The RMA number must be included on the outside carton label of the returned item. Transportation costs, if any, incurred in connection with the return of a defective item to Pulse Secure shall be borne by customer to the in-country location, if available. Pulse Secure shall pay any transportation costs incurred with the redelivery of a repaired or replaced item. If, however, Pulse Secure reasonably determines that the item is functional, the customer shall pay any transportation cost. If Pulse Secure determines, at its sole discretion, that the allegedly defective item is not covered by the terms of the warranty provided hereunder or that a warranty claim is made after the warranty period, the cost of repair by Pulse Secure, including all shipping expenses, shall be paid by customer.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, PULSE SECURE 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, PULSE SECURE DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT BUYER WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT PROBLEMS OR INTERRUPTION.
Limitation of Liability
IN NO EVENT WILL PULSE SECURE OR ITS AFFILIATES OR SUPPLIERS 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 PULSE SECURE OR ITS AFFILIATE OR SUPPLIER 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 CUSTOMER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT PAID BY CUSTOMER. IN ADDITION, PULSE SECURE SHALL NOT BE LIABLE FOR CUSTOMER'S OR ANY THIRD PARTY'S SOFTWARE, FIRMWARE, INFORMATION, OR MEMORY DATA CONTAINED IN, SORTED ON, OR INTEGRATED WITH ANY PRODUCT RETURNED TO PULSE SECURE, WHETHER UNDER WARRANTY OR NOT.