WARRANTY

Modified on Wed, 22 Mar, 2023 at 4:22 PM

“Play Attention”

UNIQUE LOGIC AND TECHNOLOGY, INC (UL&T)

LIMITED WARRANTY

I. Applicability of Limited Warranty

Unique Logic + Technology, Inc. ("UL+T") warrants that the products identified in this Limited Warranty Statement shall be free from defects in material and workmanship for such period of time as is identified in Paragraph IV below. This limited warranty is valid for Covered Products sold in the United States only and is extended to the original consumer purchaser only from the date of the original purchase. All shipping and insurance costs for Product repaired or replaced are the responsibility of the consumer.

II. Products covered under this Limited Warranty (the "Covered Products")

The Play Attention BodyWave Armband and interface unit ("Hardware"); and

The following software (collectively referred to as "Software"):

a. The Play Attention desktop application;

b. Other game titles as may be included with Play Attention system

III. Products that are specifically excluded by this Limited Warranty

Any software, save for the Software identified in Paragraph II above, licensed or provided by Warrantor that is used to operate, or used in connection with, the Hardware, including, but not limited to, the games included in The Play Attention system.

IV. Duration of Warranty

1. The Hardware is covered by this warranty for a period of twelve (12) months from the date of original purchase.

2. Play Attention Software is covered by this warranty for a period of ninety (90) days from the date of the original grant of the applicable license.

V. Our obligations under this Limited Warranty

1. HARDWARE: IF, DURING THE APPLICABLE WARRANTY PERIOD, ANY COVERED PRODUCT OR ANY COMPONENT OR PART THEREOF IS FOUND, IN THE SOLE AND REASONABLE JUDGMENT OF UL+T, TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP, SUCH COVERED PRODUCT OR COVERED COMPONENT OR PART THEREOF WILL, AT UL+T'S SOLE DISCRETION, EITHER BE REPLACED OR REPAIRED BY UL+T OR BY A SERVICE DEALER APPROVED AND APPOINTED BY UL+T. UL+T WILL PROVIDE REPAIR PARTS OR REPLACEMENT PRODUCTS ON AN EXCHANGE BASIS, AND THESE PARTS OR PRODUCTS WILL EITHER BE NEW OR REFURBISHED TO BE FUNCTIONALLY EQUIVALENT TO NEW.

2. SOFTWARE: THE SOTFWARE is not sold by UL+T to the consumer or user of the Covered Products, but is licensed to the original consumer pursuant to a separate software license agreement. UL+T WARRANTS TO THE ORIGINAL CONSUMER ONLY THAT THE SOFTWARE CONFORMS TO ITS STATED SPECIFICATIONS AND THE MEDIA UPON WHICH THE SOFTWARE IS PROVIDED IS FREE FROM MANUFACTURING DEFECTS. SUCH WARRANTY SHALL BE FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF ORIGINAL GRANT OF LICENSE. UPON PROMPT NOTICE OF A CLAIM WITHIN THE WARRANTY PERIOD, UL+T WILL, AT ITS SOLE DISCRETION, PROVIDE FIXES, UPGRADES, OR PATCHES IF AVAILABLE, REPLACE DEFECTIVE MEDIUM OR REFUND SUMS PAID FOR SUCH SOFTWARE.

VI. Warranty Limitations

This warranty shall not apply if this product: (a) is used with products and/or software not sold or licensed by UL+T (including, but not limited to, non-licensed game enhancement and copier devices, adapters, and power supplies); (b) is used for any commercial purpose (including, but not limited to, rental); (c) is modified or tampered with; (d) is damaged by negligence, accident, unreasonable use, or by other causes unrelated to defective materials or workmanship; or (e) has had the serial number altered, defaced, or removed in any way.

VII. Your obligations under this Limited Warranty

The original purchaser is entitled to the benefits of this warranty only if the date of purchase is registered at point of sale or if the original purchaser can demonstrate to the satisfaction of Warrantor that the Covered Product was purchased, in the case of the Hardware, within the previous 12 months, and, in the case of the Software, within the previous 90 days. Please retain the original or a legible photocopy of your dated sales receipt to clearly establish the date of purchase for in-warranty repairs or replacements.

1. UL+T will accept returns from the original purchaser under the following conditions: The customer must provide the original packing slip, a sales receipt, or a clear copy of the packing slip or sales receipt showing the date of purchase.

2. All returns must be postmarked within 90 days of the date on the packing slip or sales receipt for defective Play Attention software and within one year for defective Play Attention hardware.

3. Opened software with broken licensing agreement seals cannot be resold and therefore cannot be returned independently of the rest of Play Attention system. (Note: software can only be returned if defective according to warranty conditions.)

4. You will need to contact our customer care center at 828-676-2242 to request a return. You will be issued an RMA (Return Materials Authorization) number to help track your return when it arrives. We CANNOT accept returns without an RMA number.

5. The RMA must be clearly labeled on the front of the return package. Again, we will NOT be able to accept a return without an RMA number. UL+T recommends you ship your return via UPS or another shipping service with tracking capabilities. We will not accept responsibility for lost packages and no credit can be given for lost returns.

6. All shipping and insurance costs for Product repaired or replaced is your responsibility.

VIII. DISCLAIMERS

THE FOREGOING IS THE COMPLETE WARRANTY FOR THE COVERED PRODUCTS AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN. UL+T SPECIFICALLY MAKES NO WARRANTY THAT THE CONSUMER OR USER OF THE COVERED PRODUCTS WILL ATTAIN ANY PARTICULAR RESULT OR LEVEL OF PERFORMANCE USING THE COVERED PRODUCTS. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES ARE MADE WITH RESPECT TO THE COVERED PRODUCTS AND UL+T HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN, INCLUDING TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. IN THE EVENT THAT ANY WARRANTY TERM IS IMPLIED BY APPLICABLE LAW AND SURVIVES THIS DISCLAIMER BY VIRTUE OF ANY APPLICABLE LAW, ANY SUCH IMPLIED WARRANTY IS STRICTLY LIMITED IN DURATION TO, IN THE CASE OF THE HARDWARE, THE 12-MONTH WARRANTY PERIOD, AND, IN THE CASE OF THE SOFTWARE, TO THE 90-DAY WARRANTY PERIOD. ACCORDINGLY, ANY IMPLIED WARRANTIES ARE DISCLAIMED IN THEIR ENTIRETY AFTER THE EXPIRATION OF APPROPRIATE 12-MONTH OR 90-DAY WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

UL+T'S OBLIGATIONS UNDER THIS WARRANTY ARE STRICTLY AND EXCLUSIVELY LIMITED TO THE REMEDIES STATED IN PARAGRAPH V ABOVE, AND UL+T DOES NOT ASSUME OR AUTHORIZE ANYONE TO ASSUME FOR THEM ANY OTHER OBLIGATION.

UNDER NO CIRCUMSTANCES WILL UL+T BE LIABLE TO THE PURCHASER, OR TO ANY USER OF THE COVERED PRODUCTS OR SOFTWARE, FOR ANY DAMAGES, EXPENSES, LOST REVENUES, LOST SAVINGS, LOST PROFITS, LOSS OF TIME, INCONVENIENCE, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PURCHASE, USE, OR INABILITY TO USE THE COVERED PRODUCTS OR SOFTWARE EVEN IF UL+T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

IX. ASSIGNMENT OF THIS LIMITED WARRANTY

UL+T may, in its sole discretion, assign this Limited Warranty or any part thereof to any other party whatsoever.

Unique Logic and Technology, Inc.

360 Cane Creek Rd

Fletcher, NC 28732