PHISON BRAND ENTERPRISE SSD
Limited Warranty Statement

Complete information regarding Phison’s warranties to the Phison brand enterprise SSD product (“Product(s)”) is listed below.

This limited warranty covers any defects in material or workmanship in the new Products accompanied by this limited warranty statement. This limited warranty does not apply to any Products on which the original identification information has been altered, obliterated or removed; that has not been handled or packaged correctly; that has been sold as secondhand; or that has been resold contrary to U.S.A. and other applicable export regulations.

Duration of Warranty
For any other Product manufactured and supplied by Phison, Phison hereby certifies that in the event Product does not conform to the specification for (A) a period of five (5) years from the date of Phison’s delivery of the Product or (B) the period ending on the date at which use of the Product exceeds Product’s total terabytes written as recorded by or derived from Product’s S.M.A.R.T. Attribute, including but not limited to, Product’s drive life is used up in accordance with the S.M.A.R.T. Attribute, whichever occurs earlier (“Warranty Period”), and such inconformity is confirmed by Phison to be solely attributable to Phison, Phison’s sole and maximum obligation shall be to repair or replace the nonconforming Product, free of charge, in Phison’s sole discretion.

Exclusion of the Warranty
Notwithstanding the foregoing, the aforementioned warranty shall exclude the inconformity arising from, in relation to or associated with:
(1) alteration, modification, improper use, misuse or excessive use of Product;
(2) failure to comply with Phison’s instructions;
(3) Phison’s compliance with or use of the instructions, technologies, designs, specifications, devices, materials, components, parts, software and firmware provided, instructed or approved by you (including any of your parent companies, subsidiaries, affiliates, suppliers, subcontractors or downstream customers);
(4) combination of Product with other materials, components, parts, goods, hardware, firmware or software not supplied by Phison;
(5) any claim brought by a third party that is commonly known as an intellectual property rights assertion entity or patent troll;
(6) NAND flash itself or NAND flash which is embedded into Products;
(7) Phison’s compliance with general industry standards;
(8) other error or failure not solely attributable to Phison’s responsibility (including without limitation, normal wear or tear, manufacturing or assembly wastage, improper operation, virus, unauthorized maintenance or repair).

Disclaimer
NOTWITHSTANDING ANYTHING ELSE SET FORTH HEREIN, AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, PHISON SHALL NOT BE LIABLE WITH RESPECT TO PRODUCTS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST DATA, LOST REVENUES, LOST SAVINGS, LOST PROFITS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PURCHASE OR USE OF OR INABILITY TO USE PHISON PRODUCTS, EVEN IF PHISON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNLESS OTHERWISE AGREED TO BY PHISON IN WRITING, PHISON DOES NOT RECOMMEND NOR WARRANT PRODUCTS FOR USE IN LIFE SUPPORT, NUCLEAR, MEDICAL, MILITARY, TRANSPORTATION, AUTOMOTIVE (UNLESS OTHERWISE DEFINED BY PHISON AS “AUTOMOTIVE GRADE PRODUCT”), AVIATION, AEROSPACE INDUSTRY OR OTHER APPLICATIONS WHEREIN A FAILURE OR DEFECT OF THE PHISON PRODUCT MIGHT THREATEN LIFE, INJURY, HEALTH OR LOSS OF SIGNIFICANT AMOUNT OF MONEY (“CRITICAL USE”), AND BUYER AND USER HEREBY ASSUME ALL RISK OF ANY CRITICAL USE OF PRODUCT.