MICRON DATA CENTER SOLID-STATE DRIVE (“SSD”) LIMITED WARRANTY
EXCEPT AS SET FORTH EXPRESSLY IN THIS SECTION, MICRON MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OTHER WARRANTIES THAT MIGHT ARISE FROM COURSE OF DEALING OR CUSTOM OF TRADE. MICRON WARRANTS ONLY THAT THE DATA CENTER SSD COMPLIES WITH MICRON'S SPECIFICATIONS FOR THE DATA CENTER SSD AT THE TIME OF DELIVERY, PROVIDED THAT DEVIATIONS FROM SPECIFICATIONS WHICH DO NOT MATERIALLY AFFECT PERFORMANCE OF SUCH DATA CENTER SSD IN THE SYSTEM AND CONFIGURATION IN OR FOR WHICH IT IS INITIALLY INSTALLED OR QUALIFIED BY CUSTOMER SHALL NOT BE DEEMED TO CONSTITUTE FAILURE TO COMPLY WITH SUCH SPECIFICATIONS.
ANY CLAIM AGAINST MICRON MUST BE MADE WITHIN FIVE (5) YEARS FROM THE DATE OF SHIPMENT BY MICRON OR PRIOR TO THE OCCURRENCE OF THE DATA CENTER SSD EXCEEDING ITS USEFUL LIFE AS SPECIFIED IN MICRON’S SPECIFICATIONS FOR THE DATA CENTER SSD, WHICHEVER OCCURS EARLIER (THE “WARRANTY PERIOD”), AND MICRON HAS NO LIABILITY THEREAFTER. For claims made within the Warranty Period, if Micron confirms that the Data Center SSD failed to meet Micron’s specifications, Micron will issue Customer a credit or refund equal to the current value of the Data Center SSD multiplied by the purchase price of the Data Center SSD. The current value of the Data Center SSD shall be equal to the percentage of useful life remaining on the Data Center SSD as determined by Micron based on the Data Center SSD’s media wear out indicator. MICRON'S LIABILITY IS LIMITED TO THE FOREGOING REMEDY. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE IN COMPLIANCE WITH MICRON’S SPECIFICATION AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, MALICIOUS ATTACK, INTENTIONAL MISCONDUCT, HACKING, ROW-HAMMER INVASIONS, ABUSE, NEGLECT, ALTERATION, MODIFICATION, COMBINATION, FAILURE BY CUSTOMER OF QUALIFICATION OF PRODUCT, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN MICRON. No agent, employee or representative of Micron has any authority to bind Micron to any affirmation, representation or warranty relating to the products other than as specifically provided herein. “Data center SSDs” prior to July 2020 were referenced in this document as “enterprise SSDs”.
The warranty provided for herein is subject to the following conditions: (i) the product must have been purchased from Micron or a Micron authorized distributor; (ii) if the Data Center SSD becomes defective during the warranty period, Customer shall notify Micron promptly, and no later than ten (10) days after the failure has been detected, in writing of any claims; (iii) if Micron authorizes Customer to return the Data Center SSD for repair or replacement, Customer will follow Micron’s instructions with respect to the return of such Data Center SSD within thirty (30) days and install all software updates as directed by Micron; (iv) if the Data Center SSD alleged by Customer to be defective or returned to Micron for repair as provided in this section is either (a) not under warranty, (b) determined by Micron not to be defective, or (c) defective due to any cause or condition not covered under the warranty provided herein, Customer agrees to reimburse Micron for all reasonable expenses incurred in traveling and/or the shipping, handling, and inspection of such Data Center SSD; (v) Data Center SSDs will be accepted by Micron for warranty claim verification only when returned by Customer in a condition which allows for suitable testing by Micron; (vi) when more than one type of Data Center SSD is returned, the Data Center SSDs must be segregated by Data Center SSD type; (vii) Micron shall reimburse Customer for shipping charges to the extent of the percent of the total returns that are found by Micron to be defective as specified herein; (viii) any returned Data Center SSDs damaged or destroyed by Customer or third parties will not be covered by this warranty, and will not be returned to Customer, but will be scrapped by Micron. Any products which are repaired are warranted only for the remaining warranty period. The foregoing warranties shall not be enlarged by, nor shall any obligation or liability of Micron arise due to Micron providing technical advice, facilities, or service in connection with any products.
CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT MICRON DOES NOT WARRANT THAT THE PRODUCT IS FREE OF CLAIMS OF PATENT INFRINGEMENT OR OTHER INFRINGEMENT BY ANY THIRD PARTY. MICRON HEREBY DISCLAIMS ANY SUCH WARRANTY OR INDEMNIFICATION AGAINST ANY INFRINGEMENT.
CUSTOMER ACCEPTS ALL LIABILITY FOR USE OF MICRON PRODUCTS IN HEALTH DEVICES OR SYSTEMS OR IN ANY OTHER CRITICAL APPLICATIONS. MICRON PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN HEALTH DEVICES OR SYSTEMS OR OTHER CRITICAL APPLICATIONS. Health devices or systems are those which are intended to support or sustain life and whose failure to perform can be reasonably expected to result in a significant injury to the user. Critical components are those whose failure to perform can be reasonably expected to cause failure of a health device or system or affect its safety or effectiveness. Critical applications are those applications in which failure of the Micron’s product could result directly or indirectly in death, personal injury, or severe property or environmental damage. CUSTOMER ACKNOWLEDGES THAT ALL SEMICONDUCTOR PRODUCTS EXPERIENCE FAILURE RATES, WHICH MAY VARY ACCORDING TO USE CONDITIONS AND OTHER CIRCUMSTANCES. CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER IS RESPONSIBLE FOR ALL DESIGN DECISIONS REGARDING CUSTOMER’S PRODUCTS AND IS SOLELY RESPONSIBLE TO IMPLEMENT SAFETY MEASURES TO GUARD AGAINST THE POSSIBILITY OF INJURY OR DAMAGE IN THE EVENT OF A FAILURE OR MALFUNCTION OF A MICRON PRODUCT USED IN A CUSTOMER PRODUCT OR SYSTEM. SHOULD CUSTOMER PURCHASE OR USE MICRON’S PRODUCTS FOR ANY CRITICAL APPLICATION, CUSTOMER SHALL INDEMNIFY AND HOLD MICRON HARMLESS AGAINST ALL CLAIMS, COSTS, DAMAGES AND EXPENSES AND REASONABLE ATTORNEYS’ FEES ARISING OUT OF, DIRECTLY OR INDIRECTLY, ANY CLAIM OF LIABILITY, PRODUCT LIABILITY, PERSONAL INJURY, OR DEATH ARISING IN ANY WAY OUT OF USE OF MICRON’S PRODUCT IN A HEALTH DEVICE OR SYSTEM OR OTHER CRITICAL APPLICATION.
PRODUCTS ARE NOT DESIGNED OR INTENDED FOR USE IN AUTOMOTIVE APPLICATIONS UNLESS SPECIFICALLY DESIGNATED BY MICRON AS AUTOMOTIVE-GRADE BY USE OF THE SUFFIX “A*T” (INCLUDING BUT NOT LIMITED TO AIT, AAT AND AUT) IN THE PART NUMBER OR DESIGNATED AS SUCH BY THEIR RESPECTIVE DATASHEETS. CUSTOMER SHALL ASSUME THE SOLE RISK AND LIABILITY FOR AND SHALL INDEMNIFY AND HOLD MICRON HARMLESS AGAINST ALL CLAIMS, COSTS, DAMAGES, AND EXPENSES AND REASONABLE ATTORNEYS’ FEES ARISING OUT OF, DIRECTLY OR INDIRECTLY, ANY CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING DIRECTLY OR INDIRECTLY FROM ANY USE OF NON-AUTOMOTIVE-GRADE PRODUCTS IN AUTOMOTIVE APPLICATIONS. CUSTOMER SHALL ENSURE THAT TERMS AND CONDITIONS OF SALE BETWEEN CUSTOMER AND ANY END CUSTOMER OF CUSTOMER (1) STATE THAT MICRON PRODUCTS ARE NOT DESIGNED OR INTENDED FOR USE IN AUTOMOTIVE APPLICATIONS UNLESS SPECIFICALLY DESIGNATED BY MICRON AS AUTOMOTIVE-GRADE BY USE OF THE SUFFIX “A*T” IN THE PART NUMBER OR DESIGNATED AS SUCH BY THEIR RESPECTIVE DATASHEETS AND (2) REQUIRE SUCH END CUSTOMER TO INDEMNIFY AND HOLD MICRON HARMLESS AGAINST ALL CLAIMS, COSTS, DAMAGES AND EXPENSES AND REASONABLE ATTORNEYS’ FEES ARISING OUT OF, DIRECTLY OR INDIRECTLY, ANY CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY, DEATH OR PROPERTY DAMAGE RESULTING DIRECTLY OR INDIRECTLY FROM ANY USE OF NON-AUTOMOTIVE-GRADE PRODUCTS IN AUTOMOTIVE APPLICATIONS.
DATA CENTER SSD LIMITED WARRANTY
Revision date: July 24, 2020