Warranty

All Software on this site is provided "as-is," without any express or implied warranty. Third Party Software is the responsibility of the Developer.

 

The following excerpt from Section 5 of the NeuroSky License Agreement pertains only to the hardware packages. 

5.1    You are solely responsible for Your use of the Hardware, Software and Documentation and any consequences arising therefrom.  

5.2    The Company’s maximum aggregate liability with respect to this Agreement whether under theory of contract, tort (including negligence), strict liability or otherwise shall be limited to the amount of the fee You paid for the license.  

5.3    If you have licensed the MindWave directly through an official NeuroSky on-line stores, you may return the Headset that was licensed to You in connection with the MindWave for any reason, within twenty-one (21) days of the shipment date for such Headset, as indicated on the records of the Company.  To return such Headset pursuant to this Section 5.3, (a) You must complete the RMA form set forth at http://support.neurosky.com in a full and complete manner; (b) fully cooperate with any questions or communications directed or sent to you by a NeuroSky representative; (c) obtain a valid RMA approval; (d) return the Hardware, Software, Guide and all materials associated with such Headset in the original packaging and in their original condition; and (e) pay a restocking fee, as set forth in the RMA approval.  You must ship the Hardware and Software in accordance with the instructions contained within the RMA approval, and You are responsible for shipping fees, customs, duties, taxes and insurance associated with such return.  After the return has been processed, and confirmation made that all of the requirements set forth in this Section 5.3 have been met, a refund will be processed, either, in the Company’s sole discretion, by means of a charge-back to the credit card or PayPal account You provided for the license, or by a check in Your name.  MindWaves purchased through merchants other than the NeuroSky on-line store are covered by the merchant’s return policy and are excluded from the provisions detailed in 5.3.

5.4    If you have licensed the MindWave directly through an official NeuroSky on-line stores, NeuroSky warrants that (a) the Headset that was licensed to You in connection with the MindWave will be free from defects in workmanship for a period of ninety (90) days from the shipment date for such Headset, as indicated on the records of the Company; and (b) the Module contained within such Headset will be free from defects in workmanship for a period of three hundred sixty-five (365) days from the shipment date for such Headset, as indicated on the records of the Company.  MindWaves purchased through merchants other than NeuroSky’s on-line stores are covered by the merchant’s warranty and are excluded from the provisions detailed in 5.4.

5.5    To make a warranty claim pursuant to Section 5.4, (a) You must complete the RMA form set forth at http://support.neurosky.com in a full and complete manner; (b) fully cooperate with any questions or communications directed or sent to you by a NeuroSky representative; (c) obtain a valid RMA approval; and (d) return the Hardware, Software, Guide, Documentation and all materials associated with such Headset in the original packaging and in their original condition.  You must ship the foregoing in accordance with the instructions contained within the RMA approval, and You are responsible for shipping fees, customs, duties, taxes and insurance associated with such return.  After the return has been processed, confirmation made that all of the requirements set forth in this Section 5.5 have been met, and that the Headset or the Module is defective, then the Company, in its sole discretion, may either (x) repair the defective Headset or Module, or (y) replace the defective Headset or Module with a new or refurbished unit.  If the Hardware, Software, Guide, Documentation and all materials associated with such Headset are not returned in the original packaging and/or are not in their original condition, you may be charged a restocking fee, depending upon the condition of the return, which must be paid prior to You receiving the repaired or replacement unit.  The warranty coverage set forth in Section 5.4 does not cover components that have failed due to normal wear and tear, by abuse or improper use of the Hardware or the components therein, or other exclusions as determined by the Company in good faith through its RMA process.

5.6    If you obtained the MindWave other than directly through an official NeuroSky on-line store, NeuroSky is under no warranty or return obligation under this Section 5.  You must obtain warranty and return coverage from the entity from which you obtained the MindWave.

5.6    YOUR use of the Hardware, the software, THE DOCUMENTATION, the products and the neurosky algorithms is “as-is,” and EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION 5, the Company does not make, and hereby disclaims, any and all other express and implied warranties, including, but not limited to, warranties of merchantability or fitness for a particular purpose, and any warranties arising from a course of dealing, usage, or trade practice.  

5.7    in no event shall the company be liable for any special, incidental or consequential damages, including but not limited to loss of profits or income, whether or not the company had knowledge, that such damages might be incurred.

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