“Hardware” means a single SOVA-supplied device. “Appliance” means Hardware that is bundled with and operates the SOVA Software licensed by You and pre-installed on the Hardware. You will own the Hardware upon SOVA’s receipt of the applicable fees, free of any liens or encumbrances, subject to the terms and conditions of the license agreement. The Hardware is subject to this policy and the terms and conditions of the Agreement referenced in the applicable Order Form.

So long as You remain active on SOVA Maintenance for the Appliance’s Software component, SOVA will take Your initial request for assistance and provide limited support assistance by telephone for the Hardware. Third party warranty coverage, if desired, will be Your responsibility to procure at your cost and maintain. A copy of each third party support warranty coverage will be provided to you following execution of an Order Form.

Hardware is provided on an “AS IS” basis and SOVA makes no warranties including but not limited to warranties of merchantability or satisfactory quality or fitness for a particular purpose. SOVA has no obligation to support any modifications to the hardware not performed by SOVA or SOVA's agents, or if the Hardware or Appliance is not used in accordance with the Documentation.

No warranties specified in any software license agreement between You and SOVA shall apply to the Hardware. The limitation of liability applicable to the Hardware shall be capped at the fees paid for the Appliance or, as applicable, the Hardware, regardless of the form of damage or claim.

IN NO EVENT WILL SOVA OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE HARDWARE, INCLUDING BUT NOT LIMITED TO ANY CLAIM FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOST SAVINGS, OR LOST DATA, EVEN IF SOVA OR ITS SUPPLIERS HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

SOVA has no obligation to replace Hardware or provide additional hardware if future Versions or Releases require hardware other than the originally procured Hardware in order to function according to the Applicable Documentation. Hardware may be adequate to operate the SOVA Software beyond the term of the procured 3rd party warranty but SOVA recommends that You upgrade Your Hardware every three years to help maintain suitable processor performance. Hardware upgrades may be purchased from local retailers or from SOVA directly.

SOVA Appliance Hardware Policy – April 01, 2018