Warranty

ODG One (1) Year Limited Warranty

For ODG Products Only


BY USING YOUR ODG PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS ODG ONE (1) YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW. DO NOT USE YOUR ODG PRODUCT UNTIL YOU HAVE READ THE TERMS OF THIS WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE ODG PRODUCT AND RETURN IT EITHER TO ODG IF PURCHASED DIRECTLY FROM ODG WITHIN THE RETURN PERIOD STATED IN ODG’S RETURN POLICY OR, IF PURCHASED FROM A RETICLE CONNECT AUTHORIZED RESELLER, TO THE RETICLE CONNECT AUTHORIZED RESELLER FROM WHOM YOU PURCHASED THE PRODUCT WITHIN THE RETURN PERIOD STATED IN THE RETICLE CONNECT AUTHORIZED RESELLER’S RETURN POLICY. IF YOU HAVE QUESTIONS CONCERNING YOUR WARRANTY, PLEASE CONTACT ODG FOR PRODUCTS PURCHASED DIRECTLY FROM ODG OR SUCH RESELLER WITH RESPECT TO THE PROCESS FOR WARRANTY RETURNS.

WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW

TO THE EXTENT PERMITTED BY LAW, WITH RESPECT TO ODG THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. ODG DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, ODG LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT ODG’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.

WHAT IS COVERED BY THIS WARRANTY?

Osterhout Group, Inc. (“ODG”) warrants the ODG-branded hardware product and the ODG-branded accessories contained in the original packaging (“ODG Product”) against defects in materials and workmanship when used normally in accordance with ODG’s published guidelines for a period of ONE (1) YEAR from the date of original purchase from ODG or a Reticle Connect Authorized Reseller (“Warranty Period”) as applicable (such purchaser the “Original Purchaser”). For ODG’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications. Except as required by law, and notwithstanding anything to the contrary contained herein, the warranties hereunder shall not apply to any party other than the Original Purchaser (i.e. excluding parties that acquire the ODG Product from the Original Purchaser).

WHAT IS NOT COVERED BY THIS WARRANTY?

This Warranty does not apply:

• to any non-ODG branded hardware products or any software (including that provided by any value added reseller), even if packaged or sold with ODG hardware. Manufacturers, suppliers, or publishers, other than ODG, may provide their own warranties to you – please contact them for further information; • Software distributed by ODG with or without the ODG brand (including, but not limited to system software); • to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; • to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; • to damage caused by use with a third-party component or product that does not meet the ODG Product’s specifications; • to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; • to damage caused by operating the ODG Product outside of ODG’s published guidelines; • to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of ODG or an ODG authorized service provider (“OASP”); • to an ODG Product that has been modified to alter functionality or capability without the written permission of ODG; • to defects caused by normal wear and tear or otherwise due to the normal aging of the ODG Product; • use of an ODG Product outside of the uses covered by the certifications, registrations or other approvals that are identified in the ODG guidelines; • if any serial number has been removed or defaced from the ODG Product; and • if ODG receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the ODG Product, and you cannot prove in any way that you are the authorized user of the product (e.g. by presenting proof of purchase).

Additionally, ODG does not warrant that the operation of the ODG Product will be uninterrupted or error-free. ODG is not responsible for damage arising from failure to follow instructions relating to the ODG Product’s use.

LOCATION RESTRICTION.

ODG may restrict warranty service for ODG Products to the country where the product was originally purchased if purchased directly from ODG. For purchases of ODG Products from a Reticle Connect Authorized Reseller, please contact your Reticle Connect Authorized Reseller for information about service restrictions.

YOUR RESPONSIBILITIES

With respect to ODG Products purchased directly from ODG: (i) before receiving warranty service, ODG or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow ODG’s procedures for obtaining warranty service; and (ii) before submitting your ODG Product for warranty service, you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords. For your responsibilities with respect to warranty repairs from a Reticle Connect Authorized Reseller, please consult with your Reticle Connect Authorized Reseller.

DURING WARRANTY SERVICE ODG RESERVES THE RIGHT TO REPAIR OR REPLACE THE UNIT UNDER WARRANTY WITH A NEW OR REFURBISHED UNIT. IF ODG CHOOSES TO REPAIR THE UNIT THE CONTENTS OF THE STORAGE MEDIA MAY BE DELETED AND REFORMATTED. ODG AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE ODG PRODUCT SERVICED. UNITS PURCHASED THROUGH A RETICLE CONNECT AUTHORISED RESELLLER MUST BE RETURNED TO THE AUTHORIZED RESELLER FOR WARRANTY ISSUES.

With respect to ODG products purchased directly from ODG: (i) following warranty service your ODG Product or a replacement device will be returned to you as your ODG Product was configured when originally purchased, subject to applicable updates; (ii) if applicable, ODG may install system software updates as part of warranty service that will prevent the ODG Product from reverting to an earlier version of the system software; (iii) third party applications installed on the ODG Product may not be compatible or work with the ODG Product as a result of the system software update; and (iv) you will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty. For how these issues are addressed if you purchased your ODG Products from a Reticle Connect Authorized Reseller, please consult with your Reticle Connect Authorized Reseller.

DO NOT OPEN THE ODG PRODUCT YOURSELF. OPENING THE ODG PRODUCT MAY CAUSE DAMAGE THAT IS NOT COVERED BY THIS WARRANTY AND SHALL VOID THE WARRANTY. ONLY ODG OR AN OASP SHOULD PERFORM SERVICE ON THIS ODG PRODUCT. WHAT WILL ODG DO IN THE EVENT THE WARRANTY IS BREACHED?

If during the Warranty Period you submit a claim to ODG in accordance with this warranty for ODG Products purchased directly from ODG, ODG will, at its option:

• repair the ODG Product using new or previously used parts that are equivalent to new in performance and reliability, • replace the ODG Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or • exchange the ODG Product for a refund of your purchase price. For how these issues are addressed if you purchased your ODG Products from a Reticle Connect Authorized Reseller, please consult with your Reticle Connect Authorized Reseller.

ODG may request that you replace certain user-installable parts or ODG Products. A replacement part or ODG Product, including a user-installable part that has been installed in accordance with instructions provided by ODG, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When an ODG Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes ODG’s property.