26SECTION 6 WARRANTYWarranty. Castlewood Systems, Inc. (“Castlewood”) warrants the ORB Drives (the “Drives”)solely to the purchaser (“Purchaser”) against defects in workmanship and materials for a periodof one (1) year from the date of purchase. Castlewood warrants the ORB disks (the “Disks”) sole-ly to the Purchaser against defects in workmanship and materials for a period of one (1) yearfrom the date of purchase (each a “Warranty Period”). The Drives and the Disks shall be collec-tively and individually referred to as “Product”. All warranty claims must be requested ofCastlewood prior to the expiration of the applicable Warranty Period. Purchaser may not transferthis warranty. Purchaser’s sole remedy, and Castlewood’s sole liability for a covered warrantydefect shall be for Castlewood, at its sole discretion, to either repair or replace the defectiveProduct at no charge, or to refund the purchase price for the affected Product. These warrantiesare void if the applicable Product has been altered in any way or damaged by accident, misuse, orabuse, including, but not limited to, the use of unauthorized third party software or repairs, powersurges, excessive heat or humidity. Castlewood warranty obligations shall not be enlarged ordiminished by Castlewood’s provision of technical advice to Purchaser.Exclusions. THE PRECEDING WARRANTY DOES NOT APPLY TO (I) ANY SOFTWARE COMPO-NENTS OF THE PRODUCT; (II) ANY THIRD PARTY SOFTWARE DISTRIBUTED ON OR WITH THEPRODUCT; (III) ANY EXPENDABLE COMPONENTS INCLUDING, BUT NOT LIMITED TO, FUSES,BULBS, AND CLEANING ACCESSORIES; AND (IV) ANY PRODUCTS NOT MANUFACTURED BY ORFOR CASTLEWOOD (THE “EXCLUDED ITEMS”). THE EXCLUDED ITEMS ARE LICENSED TOPURCHASER ON AN AS IS BASIS.Disclaimer of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED HEREIN,CASTLEWOOD DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED ORSTATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MER-CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR THEIREQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. THE REMEDIES SET FORTH HEREINSHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF PURCHASER WITH RESPECT TO ANYDEFECTIVE PRODUCT. SOME JURISDICTIONS DO NOT PERMIT THE PRECEDING EXCLUSIONOF IMPLIED WARRANTIES FOR CERTAIN CONSUMERS SO SOME OF THE ABOVE EXCLUSIONSOR LIMITATIONS MAY NOT APPLY TO PURCHASER.RMA Procedure. If Purchaser discovers a defect in a Product during the applicable WarrantyPeriod, then Purchaser should contact Castlewood for a Return Materials Authorization (RMA)number before shipping the Product, freight and insurance prepaid, to Castlewood’s designatedrepair facility. Purchaser should have the part number, serial number, date of purchase, and thesuspected problem ready when contacting Castlewood to obtain an RMA. Before shipping anyProduct to Castlewood, Purchaser shall remove any removable storage media, and all programs,data files and other data from any applicable storage media. Castlewood accepts no responsibilityor obligation to return any such materials that are shipped to Castlewood. If a Product returnedunder warranty is found not to be defective, then Castlewood shall dispose of the Product perPurchaser’s instructions after receiving full payment from Purchaser for Castlewood’s inspectionof the Product at Castlewood’s then current rates for such services.Limitation of Liability. IN NO EVENT SHALL CASTLEWOOD BE LIABLE FOR ANY SPECIAL,INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT PURCHASER MAYSUFFER DIRECTLY OR INDIRECTLY FROM THE PURCHASE USE OF THE PRODUCT, INCLUD-ING, WITHOUT LIMITATION, FOR THE LOSS OF USE OR LOSS OF DATA, FILES OR PROGRAMSSTORED ON THE PRODUCT. CASTLEWOOD’S MAXIMUM LIABILITY FOR ANY CLAIM BY PUR-CHASER ARISING OUT OF PURCHASER’S PURCHASE AND USE OF THE PRODUCT SHALL IN NOEVENT EXCEED THE PURCHASE PRICE OF THE APPLICABLE PRODUCT. Some states do notallow the exclusion of incidental, punitive or consequential damages, so the above limitation maynot apply to Purchaser.WARRANTY