ZINSTALL “100% Migration Guaranteed” limited warranty statement –
This ZINSTALL Limited Warranty gives you, the customer, express limited warranty rights from ZINSTALL, the manufacturer for the duration specified on the services description page. Please refer to the ZINSTALL Web site for an extensive description of your limited warranty entitlements. In addition, you may also have other legal rights under applicable local law or special written agreement with ZINSTALL.
These terms of service (“Terms”) cover your use and access to our services, client software and websites (“Services”).
By using our Services, you’re agreeing to be bound by these Terms.
Some of our Services allow you to download client software (“Software”), which is complementary to our migration / backup service. The software may update automatically.
So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license permit to use the Software, solely to access the Services.
In addition to using the self-service option on your own, you may choose to purchase an optional managed remote assistance service, during which our techs will connect to your computers remotely and perform the services for you.
ZINSTALL MAKES NO OTHER EXPRESS WARRANTY OR CONDITION WHETHER WRITTEN OR ORAL AND ZINSTALL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED WARRANTY. TO THE EXTENT ALLOWED BY THE LOCAL LAW OF JURISDICTIONS OUTSIDE THE UNITED STATES, ZINSTALL DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOR ALL TRANSACTIONS OCCURRING IN THE UNITED STATES, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO THE DURATION OF THE EXPRESS WARRANTY SET FORTH ABOVE. SOME STATES OR COUNTRIES DO NOT ALLOW A LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR SERVICES. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOU. FOR CONSUMER TRANSACTIONS, THE LIMITED WARRANTY TERMS CONTAINED IN THIS STATEMENT, EXCEPT TO THE EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRICT, OR MODIFY BUT ARE IN ADDITION TO THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF THIS SERVICES OR PRODUCT TO YOU.
This Limited Warranty is applicable in all countries and may be enforced in any country or region where ZINSTALL or its authorized service providers offer warranty service for the same SKU number subject to the terms and conditions set forth in this Limited Warranty.
Warranty terms, service availability, and service response times may vary from country or region to country or region. Standard warranty service response time is subject to change due to local parts availability. If so, your ZINSTALL authorized service provider can provide you with details. ZINSTALL will not alter form, fit, or function of this ZINSTALL product to make it operate in a country for which it was never intended to function for legal or regulatory reasons. ZINSTALL is not responsible for any tariffs or duties that may be incurred in transferring the products. Transfer of the products may be covered by export controls issued by the United States or other governments.
This Limited Warranty applies only to ZINSTALL branded and branded software products (collectively referred to in this Limited Warranty as “ZINSTALL Software Products”) sold by or leased from Zinstall, its worldwide subsidiaries, affiliates, authorized resellers, authorized distributors, or country distributors (collectively referred to in this Limited Warranty as “ZINSTALL”) with this Limited Warranty. The term “ZINSTALL Software Product” is limited to the software components. The term “ZINSTALL Software Product” DOES NOT include any software applications or programs; non-ZINSTALL products or non-ZINSTALL branded components. All non-ZINSTALL products or non-ZINSTALL branded components external to the ZINSTALL Software Product— are provided “AS IS” (If provided) without ZINSTALL warranty. However, non-ZINSTALL manufacturers and suppliers, or publishers may provide their own warranties directly to you.
ZINSTALL guarantees that the ZINSTALL Software Products that you have purchased or leased from ZINSTALL are free from defects in materials or workmanship under normal use during the Limited Warranty Period. The Limited Warranty Period starts on the date of purchase or lease from ZINSTALL, or from the date ZINSTALL completes installation. Your dated sales or delivery receipt, showing the date of purchase or lease of the product, is your proof of the purchase or lease date. You may be required to provide proof of purchase or lease as a condition of receiving warranty service. You are entitled to software warranty service according to the terms and conditions of this document if a repair to your ZINSTALL Software Product is required within the Limited Warranty Period.
Zinstall does not warrant that the operation of this product will be uninterrupted or error-free. Zinstall is not responsible for damage that occurs as a result of your failure to follow the instructions intended for the Zinstall software product.
This Limited Warranty does not apply to expendable or consumable parts and does not extend to any product from which the serial number has been removed or that has been damaged or rendered defective (a) as a result of accident, misuse, abuse, contamination, improper or inadequate maintenance or calibration or other external causes; (b) by operation outside the usage parameters stated in the user documentation that shipped with the product; (c) by software, interfacing, parts or supplies not supplied by ZINSTALL; (d) improper site preparation or maintenance; (e) virus infection; (f) loss or damage in transit; or (g) by modification or service by anyone other than (i) ZINSTALL, (ii) an ZINSTALL authorized service provider, or (iii) your own installation of end-user replaceable ZINSTALL or ZINSTALL approved parts if available for your product in the servicing country or region.
You should make backup copies of the data stored on your hard drive or other storage devices as a precaution against possible failures, alteration, or loss of the data. Before returning any unit for service, be sure to back up data and remove any confidential, proprietary, or personal information. Zinstall is not responsible for damage to or loss of any programs, data, or removable storage media. Zinstall is not responsible for the restoration or reinstallation of any programs or data other than software installed by Zinstall when the product is manufactured.
ZINSTALL is not responsible for any interoperability or compatibility issues that may arise when (1) products, software, or options not supported by ZINSTALL are used; (2) configurations not supported by ZINSTALL are used.
The existing hardware and software installed on it will be further referred in this document as a customer’s “Old system”.
The new hardware and /or operating system software installed on it will be further referred in this document as a customer’s “New system”.
“100% Migration Guaranteed” guarantee will be further referred in this document as the “Guarantee”.
TO THE EXTENT ALLOWED BY APPLICABLE LOCAL LAW, THESE TERMS AND CONDITIONS CONSTITUTE THE COMPLETE AND EXCLUSIVE WARRANTY AGREEMENT BETWEEN YOU AND ZINSTALL REGARDING THE ZINSTALL SOFTWARE PRODUCT YOU HAVE PURCHASED OR LEASED. THESE TERMS AND CONDITIONS SUPERSEDE ANY PRIOR AGREEMENTS OR REPRESENTATIONS—INCLUDING REPRESENTATIONS MADE IN ZINSTALL SALES LITERATURE OR ADVICE GIVEN TO YOU BY ZINSTALL OR AN AGENT OR EMPLOYEE OF ZINSTALL—THAT MAY HAVE BEEN MADE IN CONNECTION WITH YOUR PURCHASE OR LEASE OF THE ZINSTALL SOFTWARE PRODUCT. No change to the conditions of this Limited Warranty is valid unless it is made in writing and signed by an authorized representative of ZINSTALL.
Limitation of Liability
IF YOUR ZINSTALL SOFTWARE PRODUCT FAILS TO WORK AS WARRANTED ABOVE, THE MAXIMUM LIABILITY OF ZINSTALL UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT.
EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL ZINSTALL BE LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. ZINSTALL IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED ZINSTALL OR AN AUTHORIZED REPRESENTATIVE OF ZINSTALL OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.
Limited Warranty Period
The Limited Warranty Period for a ZINSTALL Software Product is a specified, fixed period commencing on the date of purchase and specified on the product description page. The date on your sales receipt is the date of purchase unless ZINSTALL or your reseller informs you otherwise in writing.
EXCEPT AS PROVIDED IN THE APPLICABLE SOFTWARE END-USER LICENSE OR PROGRAM LICENSE AGREEMENT, OR IF OTHERWISE PROVIDED UNDER LOCAL LAW, SOFTWARE PRODUCTS, INCLUDING ANY SOFTWARE PRODUCTS, FREEWARE OR OPEN SOURCE SOFTWARE (software provided under public license by third parties, including operating systems or applications) OR THE OPERATING SYSTEM PREINSTALLED BY ZINSTALL ARE PROVIDED ‘AS IS’ AND WITH ALL FAULTS, AND ZINSTALL HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZINSTALL OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF ZINSTALL OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The only warranty obligations ZINSTALL has with respect to software distributed by ZINSTALL under the ZINSTALL brand name are set forth in the applicable end-user license or program license agreement provided with that software. If the removable media on which ZINSTALL distributes the software proves to be defective in materials or workmanship within ninety (90) days of purchase, your sole remedy shall be to return the removable media to ZINSTALL for replacement. It is your responsibility to contact non-ZINSTALL manufacturers or suppliers for their warranty support.
In order to avoid the risk of charges for issues not covered by your limited warranty (issues that are not due to defects in materials and workmanship on ZINSTALL Products), or to qualify for a refund under the guarantee, you are obligated to comply with the following:
* The guarantee covers the success of the migration process itself only, meaning a successful transfer of the entire bit content from the old system to the new system.
* Any disorder and/or impairment and/or inconsistency and/or imperfection of any kind in the old system and/or in some of its components will cause the guarantee be void.
* The guarantee applies only to problems which have occurred during the migration process itself.
* To be eligible for coverage under this warranty, the customer must read the User Guide for the software product, and perform all procedures exactly as described in the guide, in the exact order described in the guide.
* Upon encountering a problem, the customer must contact Zinstall Support either by email (email@example.com) or by phone (877.444.1588), and provide a full and complete description of the problem, including, but not limited to, a screen shot of the error, the exact error message and previous problem history on same computer.
* Upon receiving the customer’s notification, Zinstall Support will make its best effort to resolve the problem in reasonable time frames.
* The customer is obligated to cooperate with Zinstall Support team in resolving the problem, including, but not limited to:
* Verify configurations, install software patches, run ZINSTALL diagnostics and utilities.
* Implement temporary procedures or workarounds provided by ZINSTALL while ZINSTALL works on permanent solutions.
* Use ZINSTALL remote support solutions where applicable. ZINSTALL strongly encourages you to use available support technologies provided by ZINSTALL. If you choose not to deploy available remote support capabilities, you may incur additional costs due to increased support resource requirements.
* Cooperate with ZINSTALL in attempting to resolve the problem using online chat, email, or telephone. This may involve performing routine diagnostic procedures, installing additional software updates or patches, removing third-party options, and/or substituting options.
* Make backup copies of your files, data, or programs stored on your hard drive or other storage devices as a precaution against possible failures, alteration, or loss. Before allowing ZINSTALL Software Product for warranty support or repairs, back up your files, data, and programs, and remove any confidential, proprietary, or personal information.
* Remove any antivirus, antimalware, antispyware and firewall software which may interference with Zinstall Software and/or prevent it to run and / or to operate properly.
* Perform additional tasks and any other actions that ZINSTALL may reasonably request in order to best perform the warranty support
* Answer clarification questions related to the problem.
* In complex cases, Zinstall Support may offer the customer to schedule a remote support session, during which a support engineer will connect to the computer and work on resolving the problem on customer’s computer directly. The customer is obligated to allow Zinstall Support to perform a remote support session as above.
* Problems occurring after the migration is completed successfully, customer’s decision to stop using the software for any reason at any time, or technical problems with customer’s computer are not covered by the “100% Migration Guaranteed” guarantee.
* Services provided by Zinstall as a remote migration session (such as Premium Migration Service and WinServ) require a date and time to be scheduled and confirmed by the customer.
* If the customer does not respond at the scheduled time, or does not allow Zinstall Engineers to make the connection at the scheduled time, the payment for the service will not be refundable – unless a prior notice has been given by the customer and accepted by Zinstall at least 3 days before the schedule time.
Types of Warranty Service
Listed below are the types of warranty support service that may be applicable to the ZINSTALL Product you have purchased. All services may not be available in all countries or regions.
Customer Self Repair Warranty Service
If ZINSTALL ultimately determines that a remote service call is required to repair a defect, the call will be scheduled during standard office hours unless otherwise stated for the ZINSTALL Software Product you purchased. Standard office hours are typically 8:00 AM to 5:00 PM (08.00 to 17.00), Monday through Friday, but may vary with local business practices. The response time may vary, and additional charges may be incurred.
* Have a representative present when ZINSTALL provides warranty services at your site
* Notify ZINSTALL if products are being used in an environment that poses a potential health or safety hazard to ZINSTALL employees or subcontractors
* Subject to its reasonable security requirements, provide ZINSTALL with sufficient, free, and safe access to and use of all facilities, information, and systems determined necessary by ZINSTALL to provide timely support
* Maintain an environment consistent with product specifications and supported configurations
Initial Setup and Technical Support for Software
Technical Support for your ZINSTALL Software, ZINSTALL pre-installed third-party software and third-party software purchased from ZINSTALL, including initial setup support, is available from ZINSTALL via multiple contact methods, including electronic media and telephone, for the period described on the product description page. Any exceptions to this will be specified in your End User License Agreement (EULA).
Support includes assistance with:
* Answering your installation questions (how to, first steps, and prerequisites).
* Setting up and configuring the software and options supplied or purchased (how-to and first steps.) Excludes system optimization, customization and network configuration.
* Interpreting system error messages.
* Isolating system problems to software usage problems.
Support does NOT include assistance with:
* Generating or diagnosing user generated programs or source codes.
* Installation and/or de-installation of non-ZINSTALL software.
* System optimization, customization, setup of the peripheral devices and network configuration.
The ZINSTALL Limited Warranty does not cover support and driver availability of printers, scanners, web cameras, microphones and other non-standard external devices. The Warranty only extends on the following types of transfer: Windows XP 32 bit to Windows 7 64 bit, Windows XP 32 bit to Windows 7 32 bit, Windows Vista 32 bit to Windows 7 64 bit, Windows Vista 32 bit to Windows 7 32 bit, Windows Vista 64 bit to Windows 7 64 bit. Zinstall Backup, Zinstall XP7 Basic, Twinsplay are not covered by this warranty.
Freeware and Open Source Operating Systems and Applications
ZINSTALL does not provide technical support for software provided under public license by third parties (“Freeware” and “Open Source” software), including operating systems or applications. Technical support for Freeware and Open Source software provided with ZINSTALL Products is provided by the Freeware or Open Source software vendor. For support contact information, please refer to the Freeware or Open Source operating system or application help, documentation, or other application support statement included with your ZINSTALL Product.