Hardware Terms and Conditions
In conjunction with Your purchase of any hardware from Ivanti, You agree to these Hardware Terms and Conditions which are hereby incorporated into the End User License and Services Agreement between Ivanti and You (the "Agreement"). Ivanti may revise these Hardware Terms and Conditions from time to time by publishing such updates at https://www.ivanti.com/company/legal/hardware. In the event that Ivanti makes any revision that includes a material and detrimental change to these Hardware Terms and Conditions during the term of the Agreement (“Change”), Ivanti shall give you notice of such Change. You shall have thirty (30) days to object to any such Change by written notice to Ivanti, otherwise you agree to accept the Change and incorporate any such Change into the Agreement. If you reject the Change on a reasonable basis, the Parties shall work together in good faith to come to a mutual resolution of the issues. Capitalized terms not defined herein shall have the meaning set forth in the Agreement.
- Warranty Start Date
The “Start Date” as used in these Hardware Terms and Conditions means (i) in the case You purchase from Ivanti, the date this product is shipped from the manufacturing facilities of Ivanti, or (ii) in the case You purchase from Reseller, the date not more than ninety (90) days after original shipment of this product by Ivanti.
Ivanti warrants that for a period of one (1) year from the Start Date, the Hardware shall be free of defects in material and workmanship under normal authorized use consistent with the Documentation. This product warranty extends only to the original purchaser. In the event that Ivanti receives notice during the warranty period that any Hardware does not conform to its warranty, Your sole and exclusive remedy, and Ivanti’s sole and exclusive liability, shall be for Ivanti, 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 Ivanti. Ivanti will use commercially reasonable efforts to ship the replacement Hardware within twenty (20) business days after receipt of the product at an Ivanti repair center. Actual delivery times may vary depending on Your location.
For a period of fifteen (15) days from the date You receive Hardware, Ivanti will provide You access to one (1) download of the most recent commercially available version of any software that is embedded in the Hardware. This right to download extends only to You if You are the original purchaser of the Hardware.
The limited warranties of these Hardware Terms and Conditions will not apply if the Hardware or Software (i) has been altered (including but not limited to the removal of any hard drives or components, physical modifications to the chassis, and opening the chassis disrupting the tamper-evident seal), except by Ivanti; (ii) has not been installed, operated, repaired, or maintained in accordance with the Documentation; or (iii) has been subjected to unreasonable physical, thermal or electrical stress, misuse, negligence, or accident. In addition, the Hardware and Software are 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 Ivanti disclaims any express or implied warranty of fitness for such uses. You are solely responsible for backing up programs and data to protect against loss or corruption. Ivanti warranty obligations do not include installation support.
- Dead On Arrival ("DOA")
For up to thirty (30) days from the Start Date, Ivanti 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 Ivanti manufacturing facilities within two (2) business days of Ivanti’ receipt and validation of Your notification of an inoperative unit. Notification must be sent by You via online procedures set forth below. Defective Hardware must be returned within thirty (30) days of failure, or You must pay purchase price of replacement Hardware. Non-U.S. You should allow for additional transit time due to international customs clearance.
- Hardware Return Procedures
Hardware can only be returned if it references a return material authorization ("RMA") number issued by authorized Ivanti service personnel, or an Ivanti Authorized Service Partner (“ASP”). To request an RMA number, You must contact Ivanti Support. Ivanti Support will only assist You with online RMA processing pursuant to the terms of this warranty and will not provide any troubleshooting, configuration or installation assistance. Telephone calls to Ivanti Support will not be accepted unless the You have purchased Ivanti support and maintenance services for the Hardware 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 Hardware. Transportation costs, if any, incurred in connection with the return of a defective item to Ivanti shall be borne by You to the in-country location, if available. Ivanti shall pay any transportation costs incurred with the redelivery of repaired or replaced Hardware. If, however, Ivanti reasonably determines that the Hardware is functional, then You shall pay any and all transportation cost. If Ivanti determines, at its sole discretion, that the allegedly defective Hardware 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 Ivanti, including all shipping expenses, shall be paid by You.
- Gray Market Policy
Ivanti will not honor the warranties or provide support and maintenance services for Hardware that are not purchased from Ivanti or a Reseller. Prior to acquiring Ivanti Hardware outside authorized channels, please be advised and carefully consider the following:
- The original warranty does not transfer with the Hardware;
- Existing support and maintenance services do not transfer with the Hardware;
- Hardware that is not originally purchased by You from Ivanti or a Reseller is not eligible for support and maintenance services;
- All Software associated with the Hardware does not transfer with the Hardware and must be re-purchased and registered;
- Services rendered to “gray market” unauthorized resellers are not transferable to new customers;
- Ivanti Hardware and Software can only be licensed to You by Ivanti or a Reseller and only upon the Reseller registering You as a customer with Ivanti; and
- Software is not transferable by the sale of Hardware by unauthorized resellers.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, IVANTI 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, IVANTI DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT YOU WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT PROBLEMS OR INTERRUPTION.
- Limitation of Liability
IN NO EVENT WILL IVANTI 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 IVANTI 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 YOU, 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 YOU. IN ADDITION, IVANTI SHALL NOT BE LIABLE FOR YOUR OR ANY THIRD PARTY'S SOFTWARE, FIRMWARE, INFORMATION, OR MEMORY DATA CONTAINED IN, SORTED ON, OR INTEGRATED WITH ANY PRODUCT RETURNED TO IVANTI, WHETHER UNDER WARRANTY OR NOT.