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¹Lexar warrants that its DRAM component products are free from material defects in workmanship and materials, under normal use and service, for the applicable warranty term described below. DRAM components are hereinafter collectively referred to as the “Product” or “Products”. This Warranty covers each Lexar Product for one (1) year from the date of shipment (“Warranty Period”). Lexar will, at its own discretion, repair or replace any product that does not operate as warranted with a similar or functionally equivalent product, or credit Customer’s account with an amount equal to the price paid for any such Product which fails during the applicable Warranty Period. Lexar will have a reasonable time to repair or to replace any defective Product returned under the Warranty or to credit Customer’s account.

By agreeing to the terms of the business-to-business commercial contract for the purchase of Products to which this Warranty is attached, the OEM customer (“Customer”) is entitled to the Warranty as set forth herein. To receive the benefit of this Warranty, (1) Customer must follow Lexar’s return instructions; (2) Customer must promptly notify Lexar in writing within the applicable Warranty Period that such Product is defective and must furnish an explanation of the deficiency; (3) such Product must be returned to Lexar’s designated service facility at Customer’s risk and expense; and (4) Lexar must be satisfied that claimed deficiencies exist and were not caused by accident, misuse, neglect, alteration, repair, improper installation or improper testing. If the returned Product is found by Lexar not to be defective or the deficiency was caused by accident, misuse, neglect, alteration, improper repair, improper installation or improper testing, Customer must bear all costs for testing, failure analysis, shipping and all other related charges.

This Warranty does not apply to any Product which has been misused (including static discharge, improper installation, repair, accident or use not in accordance with the instructions provided by Lexar), neglected or modified, or which Lexar is not capable of testing under its normal testing conditions.

All Products that are returned become the property of Lexar. Replacement Products may be either new or reconditioned, at Lexar’s discretion. Any replaced or repaired Product carries either a 90-day limited warranty or the remainder of the original Warranty in place for that specific Product at that time, whichever is longer. Lexar is not responsible for any custom software or firmware, configuration information or memory data contained in, stored on or integrated with any Product(s) returned to Lexar pursuant to any warranty.