STERN PINBALL LIMITED WARRANTY

STERN PINBALL LIMITED WARRANTY

One (1) Year

EFFECTIVE SEPTEMBER 4, 2024

WHAT IS COVERED

The following limited warranty covers all new Stern Pinball, Inc. (“Stern Pinball”) pinball games sold to an original end-user purchaser. Stern Pinball warrants to the original end-user purchaser of a Stern Pinball pinball machine that the parts listed below are free from defects in materials and workmanship under normal use for their intended purpose and in accordance with product instructions and manuals for ONE (1) YEAR from the date of purchase of the pinball machine by the original end-user purchaser from an authorized Stern Pinball reseller or directly from Stern Pinball (the “Warranty Period”):

  • Printed circuit boards (CPU, Node boards, LED boards, Optical Sensors).
  • LCD display.
  • Power supply.
  • Playfield assembly with associated parts.
  • Backbox.
  • Backglass.
  • Cabinet.
  • Pinball machine legs.

This limited warranty is valid (i) for the personal or household use of Stern Pinball pinball machines and (ii) for the commercial use of Stern Pinball pinball machines, except for the Home Edition model pinball machines, in each case by the original end-user purchaser in the Stern Pinball region for which the game was manufactured. A Stern Pinball pinball game purchased by the original end-user purchaser three (3) years or more after the date of manufacture of the pinball game is not covered by this limited warranty.  This limited warranty is subject to change and clarification at Stern Pinball’s sole discretion.

You may REGISTER your purchase by providing your email address and other requested information at (warranty@sternpinball.com) with PROOF of PURCHASE to help facilitate our limited warranty service.  If you do not register, you are responsible to provide proof of purchase as the original end-user purchaser if/when seeking warranty service.

WARRANTY REMEDIES

Stern Pinball’s sole liability shall be, at its option, to repair or replace parts which are returned to Stern Pinball during the Warranty Period, provided:

  1. Stern Pinball is notified promptly upon discovery by purchaser that covered parts are suspected to be defective; and
  2. Such parts are properly packaged and then returned to Stern Pinball after first consulting with the company per the “How to Make a Claim” section below.

TO THE EXTENT ALLOWED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY SHALL BE REPAIR OR REPLACEMENT OF ANY LISTED PARTS DETERMINED BY STERN PINBALL TO BE DEFECTIVE AS PROVIDED HEREIN.

HOW TO MAKE A CLAIM

If you believe your pinball machine has a covered defect or is otherwise malfunctioning, please contact Stern Pinball’s service department to diagnose the issue:

Stern Pinball’s service department will issue a return-merchandise authorization (RMA) for parts that are determined or reasonably suspected by Stern Pinball to be faulty, or for return of the entire machine, if necessary, for inspection. A preliminary determination prior to actually inspecting a returned item is not final; Stern Pinball’s final determination after receiving any item for inspection will be binding on whether the item in fact was defective and whether any remedy is available under this limited warranty.

WHAT IS NOT COVERED

  • Commercial use of Stern Pinball’s Home Edition model pinball machine.
  • Use inconsistent with product instructions and manuals.
  • Consumable parts (e.g., playfield decals, rubbers and pinballs).
  • Defects or damage resulting from accident, misuse, abuse, alteration, fire, floods, acts of God, improper installation or repair, or use with non-genuine Stern Pinball parts or accessories.
  • Cosmetic variations in parts, including wood, that do not affect the playability of the pinball machine.
  • Cosmetic damage (e.g., scratches, dents, chips, and other damages to the finish of the pinball machine) unless such damage results from defects in materials and workmanship and is promptly reported to Stern Pinball.
  • Parts damaged due to improper handling, installation, usage or alteration.
  • Shipping or handling damage
  • Alterations or modifications to a pinball machine, or any of its parts, not undertaken or authorized by Stern Pinball.
  • Electronics unplugged while powered on.
  • Loss of revenue.

LIMITATION OF IMPLIED WARRANTIES AND DAMAGES
EXCEPT AS SET FORTH ABOVE AND TO THE EXTENT PERMITTED BY LAW, the limited warranty and remedies set forth ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES. WITHOUT LIMITING THE FOREGOING, Implied warranties, including any implied warranty of merchantability or implied warranty of fitness for a particular purpose, are disclaimed in full or OTHERWISE limited to the shortest period allowed by law.  IN ADDITION, REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON NEGLIGENCE, WARRANTY, CONTRACT, TORT OR OTHERWISE, to the extent allowed by applicable law, UNDER NO CIRCUMSTANCES SHALL STERN PINBALL’S TOTAL LIABILITY EXCEED THE PRICE paid BY PURCHASER FOR THE PINBALL MACHINE, AND IN NO CASE SHALL CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES BE RECOVERABLE.

HOW LOCAL CONSUMER PROTECTION LAWS APPLY

FOR PURCHASERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY, STATE OR PROVINCE OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY, STATE OR PROVINCE OF RESIDENCE, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. Some countries, states and/or provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights that vary by jurisdiction.

This limited warranty is governed by and construed under the laws of the jurisdiction in which the product purchase by the original end-user purchaser took place.

Stern Pinball, Inc., 1001 Busse Rd Elk Grove Village, IL 60007, United States, 1-800-542-5377

END USER LICENSE AGREEMENT (EULA)

STERN PINBALL

END USER LICENSE AGREEMENT

This limited software license Agreement (“Agreement”) applies to your use of Stern Pinball Software pre-installed on a Stern Pinball Machine and any Authorized Updates made available to you. BY USING YOUR STERN PINBALL MACHINE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms of this Agreement, do not use your Stern Pinball Machine or any Authorized Updates. Please read this entire Agreement, which governs your use of the Stern Pinball Machine, Stern Pinball Software and all Authorized Updates. ADULT CONSENT TO ENTER INTO THIS AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING YOUR STERN PINBALL MACHINE AND SOFTWARE AND ACCESSING OR USING ANY ONLINE GAMING PLATFORM, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO USE AND ACCESS TO YOUR MACHINE AND ANY ASSOCIATED ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THIS AGREEMENT. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT. DEFINITIONS.
  1. “Stern Pinball Machine” means a Stern Pinball arcade game machine.
  2. “Stern Pinball Software” means software (including but not limited to firmware) pre-installed in the Stern Pinball Machine, including all Authorized Content and any Authorized Updates that Stern Pinball may make available to You from time to time.
  3. “Authorized Content” means all Stern Pinball and third-party owned software and content incorporated into or used with the Stern Pinball Software or otherwise embedded in or utilized by a Stern Pinball Machine, including but not limited to graphics, images, music, vocals and voices.
  4. “Authorized Update” means an update to the Stern Pinball Software distributed by Stern Pinball or otherwise made available by Stern Pinball, including for download on its web site.
  5. “Unauthorized Content” means all content, including but not limited to limited to graphics, images, music, vocals and voices, that does not comprise Authorized Content or an Authorized Update.
  6. “Unauthorized Software” means any software (including but not limited to firmware) not pre-installed by Stern Pinball on a Stern Pinball Machine or that does not comprise Authorized Content or Authorized Update.
  7. “You” means the purchaser or current owner of a Stern Pinball Machine.
LICENSE. Stern Pinball hereby grants You a nonexclusive, non-transferable, limited, and revocable right and license to use one copy of the Stern Pinball Software and Authorized Content and any Authorized Update solely for your personal use, or that of your patrons and customers if you are a commercial entity, for playing a single Stern Pinball Machine. The Stern Pinball Software, Authorized Content and Authorized Updates are licensed, not sold, to You, and no ownership rights are transferred by this Agreement. The Stern Pinball Software Authorized Content and Authorized Updates are protected by U.S. and international copyright. All rights not explicitly granted to you in this Agreement are reserved by Stern Pinball.
  1. As a condition to this Stern Pinball Software license, You agree that:
    1. You will not copy, reproduce, alter, replace, distribute, reverse engineer, decompile, disassemble, display, perform, create derivative works based on, or otherwise modify the Stern Pinball hardware or Stern Pinball Software or any Authorized Update, in whole or in part; and will not commercially exploit any of the foregoing.
    2. You will not use or install any Unauthorized Content or Unauthorized Software. Use of Unauthorized Content or Unauthorized Software may result in your Stern Pinball Machine ceasing to work permanently and/or losing access to Stern Pinball’s online game network, either immediately or after a later installed Authorized Update.
    3. You will not create, develop, distribute or assist anyone else in creating, developing or distributing any Unauthorized Content or Unauthorized Software intended for use with a Stern Pinball Machine, whether to add to or modify the gameplay, any audio content (whether music, sound or voice), or any video content of any Stern Pinball Machine, or to gain advantage in any online or other game modes, or otherwise.
    4. You will not share any Stern Pinball Software, Authorized Content or Authorized Update with any other person or company and will not permit anyone else to access or copy any Stern Pinball Software or Authorized Content or Authorized Update installed on your Machine for any purpose.
    5. In view of the rights held by third-party owners of Authorized Content (e.g., music and video clips), Stern does not have the legal authority to give permission to stream the gameplay of Stern Pinball Machines.
    6. You will not attempt to defeat or circumvent any anti-piracy, security, and/or technical measures to control access to the Stern Pinball Software, features, functions or content, prevent unauthorized use, or otherwise prevent anyone from exceeding the limited license rights granted under this Agreement, “Security Measures”. Attempting to defeat or circumvent any Security Measure may result in your Stern Pinball Machine ceasing to work permanently either immediately or after a later installed Authorized Update.
    7. Stern Pinball may update the Stern Pinball Software from time to time without further notice to You, for example, to update any anti-piracy, security, and technical measure.
PRIVACY POLICY Your use of the Stern Pinball Machine, Stern Pinball Software and any Authorized Updates are subject to Stern Pinball’s Privacy Policy which can be found at https://sternpinball.com/privacy-policy/   WARRANTY EXCEPT AS PROVIDED HEREIN, THE STERN PINBALL SOFTWARE, AUTHORIZED CONTENT AND AUTHORIZED UPDATES ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, STERN PINBALL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, STERN PINBALL DOES NOT WARRANT THAT OPERATION OF THE STERN PINBALL MACHINE OR ANY ONLINE OR CONNECTED GAME NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE. EXCLUSION OF CERTAIN DAMAGES STERN PINBALL IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR ANY INABILITY TO USE THE STERN PINBALL MACHINE, STERN PINBALL SOFTWARE OR ANY AUTHORIZED UPDATE. THESE EXCLUSIONS APPLY EVEN IF STERN PINBALL HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to You. These terms apply to the maximum extent permitted by law and unless prohibited by law. These terms do not change your rights under the laws of your country if those laws do not permit that change. TERRITORY AND CHOICE OF LAW This License is valid only in the country in which you purchased your Stern Pinball Machine. This License will be subject to and construed in accordance with the laws of the State of Illinois, U.S.A., regardless of conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in Cook County, Illinois, U.S.A. for the resolution of any dispute regarding this Agreement or the subject matter of this Agreement and to waive any jurisdictional, venue, or inconvenient forum objections to such courts. This Agreement may be updated by Stern Pinball from time to time with the current version posted at www.sternpinball.com/EULA. Your continued use of the Stern Pinball Software an Authorized Update after an updated Agreement has been posted constitutes your acceptance of all of its terms.
DOWNLOAD EULA (.PDF)
DOWNLOAD GAME CODE