Warranty, Sales, RMA & Other Terms and Conditions
Purchases and RMAs
Remote GeoSystems highly encourages potential customers to contact us for demos, information, free software trials, etc. before purchasing our hardware and software. Given the opportunities for demos, trials sample data and evaluations, Remote GeoSystems strictly adheres to the policy that all software sales are final. There are no exchanges on software although upgrades are available for those who purchase software maintenance and upgrades. For hardware, no hardware refunds will be given after 7 calendar days of receiving your order. You are encouraged to inspect and test the unit immediately upon receiving your order. The Remote GeoSystem’s exchange policy falls under the Standard Warranty Terms. The Standard Warranty Terms for the geoDVR are as follows:
REMOTE GEOSYSTEMS, INC. geoDVR STANDARD WARRANTY TERMS
All new Remote GeoSystems, Inc. geoDVRs, except for the exclusions listed below, are warranted to be free from defects in hardware, but no other warranty, expressed or implied, is made by the seller unless expressly set forth. Any and all special equipment or any other modifications manufactured to customers’ specifications are performance guaranteed only to the extent specifically agreed upon in writing between buyer and seller.
Subject to the exclusions noted below, Remote GeoSystems, Inc. warrants its geoDVR to be free from defects in hardware for a period of one hundred eighty (180) days from the date of shipment from Remote GeoSystems, Inc.
Remote GeoSystems, Inc. shall have absolutely no obligation or liability under this warranty;
1. For special, indirect or consequential personal or property damage arising from the failure of its equipment.
2. If the equipment is operated with any accessory, equipment or attachment not specifically approved by Remote GeoSystems, Inc.
3. If the equipment was not installed, operated or maintained in accordance to Remote GeoSystems, Inc. installation maintenance/instructions.
4. If the equipment was not used or operated under normal industry applications.
5. If the equipment was serviced, repaired, altered or modified in any way.
6. Except to the extent of the dollar value of the hardware component being returned for warranty consideration only.
Exclusions – The following are excluded from the warranty:
2. Disk drives and disk drive connectors attaching the drive(s) to the geoDVR casing and/or the motherboard
3. External cabling
The customer must notify Remote GeoSystems, Inc. of all warranty claims within fifteen (15) days after the discovery thereof.
Any unit shipped back to the factory for warranty repair must have prior Remote GeoSystems, Inc. notification and approval for the return or the unit will be refused and shipped back to the customer at their expense.
Units submitted for warranty consideration must be returned to Remote GeoSystems, Inc. freight prepaid. All transportation, shipping, freight, etc. charges, both in-bound and out-bound, are the responsibility of the customer.
All units sent to Remote GeoSystems, Inc. must have a valid shipping ticket detailing purchase order number, customer and address, telephone number, person to contact, part number and serial number, complaint or squawk and return routing instructions.
Software License Agreement
The Remote GeoSystems, Inc. Software License Agreement is as follows:
LICENSE AGREEMENT FOR REMOTE GEOSYSTEMS, INC. SOFTWARE
By electronically clicking the “I Accept” box, you (“You” or “Your”) accept and agree to be bound by the following terms and conditions (the “Agreement”).
THIS SOFTWARE IS OWNED BY REMOTE GEOSYSTEMS, INC. OR ITS SUBSIDIARIES (“REMOTE GEO”) AND IS PROTECTED UNDER COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES. THIS SOFTWARE IS LICENSED, NOT SOLD. THIS SOFTWARE IS PROVIDED UNDER THE FOLLOWING AGREEMENT, WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES AND OTHER TERMS.
1. LICENSE: REMOTE GEO (“we” or “us”) provides You with its certain computer software in a downloadable or other format (the “Software”) and grants You a limited, non-exclusive, non-transferable and non-sublicensable, revocable license to use the Software in accordance with the terms of this License Agreement. The copyright and all other rights to the Software shall remain with us.
2. YOU MAY:
a) Install and use one copy of the Software on a single computer for personal use of the Software in accordance with this License Agreement. This copy is to be used by only a single user at a time. If you wish to use the Software for more users, you will need an additional license for each user.
a) You have no rights with respect to the Software or any portion thereof and shall not use the Software or any portion thereof except as expressly set forth herein. Without limiting the generality of the foregoing, You agree not to (i) reverse engineer, decompile, disassemble, modify or create derivative works of the Software; (ii) sublicense, lease, rent, assign, distribute, repackage, rebrand, or otherwise transfer or disclose the Software, any portion thereof or any accompanying documentation to any third party; or (iii) cause, assist or permit any third party (including an end-user) to do any of the foregoing.
(b) Specifically excluded from the license set forth in this Agreement are any uses or operation of the Software in connection with any products, systems, applications or hardware other than devices manufactured by REMOTE GEO or any of its subsidiaries.
(c) You agree to be fully responsible for your own conduct and content while using the Software and for any consequences thereof. You agree to use the Software only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Software, You will not:
• upload, post, email or transmit or otherwise make available content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the rights or have the permission of the owner to post such Content;
• use the Software or other content for any illegal or unauthorized purpose;
• remove or alter any copyright, trademark or other proprietary rights notices contained in the Software or any other REMOTE GEO content; or
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
In the event that You are located outside of the United States, You agree to comply with any laws, rules or regulations in your locale or in the location of your web server regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
(d) You agree to be fully responsible for any fees, licenses and any other requirements required in the use of any maps or third party features used or referenced by the Software. If any third party keys or other activation features or requirements are necessary, with or without cost, you agree to fully abide by any requirements and/or terms and pay the third party’s fees. If activation or registration is required by any third party software, map provider, etc., You agree to fully activate and register the software, map, etc. Any registration or activation keys provided either directly or indirectly by REMOTE GEO ARE FOR EVALUATION PURPOSES ONLY. You understand, agree and acknowledge that REMOTE GEO is not representing or selling any third party services, APIs, maps, imagery or any other applications. You understand and agree that under no means should the Software ever be used to assist in any way the operation or navigation of any sort of transportation vehicle, aircraft, vessel, etc. or in any way violate any of REMOTE GEO’s or any third party’s licensing terms and agreements and privacy policies. If You disagree with any of the above, do not use the Software.
(e) You agree and understand that REMOTE GEO has no control over third party software, imagery, maps, etc. If a situation ever arises where third party software, imagery, maps, etc. were to be discontinued or for any other reason unusable or inaccessible, You agree to hold REMOTE GEO harmless (see the LIMITATION OR WARRANTIES AND LIABILITY section for further disclaimers). If REMOTE GEO sees fit or deems it necessary, You agree to allow REMOTE GEO to remove, replace or substitute any third party software, imagery, maps, etc.
4. TERM AND TERMINATION: This License shall continue for as long as you use the Software. However, this License will terminate automatically without notice from REMOTE GEO if you fail to comply with any of its terms or conditions. In addition, REMOTE GEO reserves all rights to discontinue Your access to the Software at any time, at REMOTE GEO’S sole discretion, for any reason, with or without notice. You must agree, upon termination, to destroy all copies of the Software. The Limitations of Warranties and Liability set out below shall continue in force even after any termination. Upon the termination of the License for any reason (i) all license rights granted herein shall terminate; and (ii) You shall immediately cease all use of the Software.
5. LIMITATION OF WARRANTIES AND LIABILITY: THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SOFTWARE AND REMOTE GEO DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY OR DAMAGE RESULTING FROM USE OF THIS PRODUCT, WHETHER DIRECT OR INDIRECT, AND WHETHER OR NOT REMOTE GEO HAS BEEN ADVISED OF OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE. IN NO EVENT SHALL REMOTE GEO HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. Some states do not allow the exclusion of incidental or consequential damages or the limitation of duration of an implied warranty so the above limitations may not apply to you.
ANY CONTENT OR MATERIAL DOWNLOADED OR UPLOADED OR OTHERWISE OBTAINED THROUGH THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/NETWORK OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR MATERIAL OR THE USE OF THE SOFTWARE.
IT IS YOUR RESPONSIBILITY TO USE ANY REMOTE GEO PRODUCT PRUDENTLY AND TO VISUALLY VERIFY STREETS, ROADS, ROAD SIGNS AND DIRECTIONS, AND, IN THE CASE OF MARINE USAGE, BUOYS, LIGHTS AND OTHER NAVIGATION AIDS.
6. U.S. GOVERNMENT RIGHTS: This Product is a Commercial Item as that term is defined and used in the Federal Acquisition Regulation, 48 C.F.R. 2.101 and 48 C.F.R. Part 12, and is comprised of “commercial computer software” and “commercial computer software documentation”. If obtained by or on behalf of a civilian agency, the U.S. Government obtains this commercial computer software and/or commercial computer software documentation subject to the terms of this License as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data). If obtained by or on behalf of an agency or entity of the Department of Defense (“DoD”), the U.S. Government licensee obtains this commercial computer software and/or commercial computer software documentation subject to the terms of this License as specified in 48 C.F.R. 227.7202-3 and 48 C.F.R. 227.7202-4 of the DoD FAR Supplement (“DFARS”) and its successors, and consistent with 48 C.F.R. 227.7202-1. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software or computer software documentation. Copyright 2014, Remote GeoSystems, Inc. All rights reserved.
7. INDEMNIFICATION: You agree to indemnify and hold harmless REMOTE GEO, and its subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to your use of the Software, violation of this Agreement or any other actions connected with use of any content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, REMOTE GEO will provide You with written notice of such claim, suit or action.
8. INTELLECTUAL PROPERTY: You acknowledge that REMOTE GEO owns all right, title and interest, including without limitation all intellectual property rights, in and to the Software and that You shall not acquire any right, title or interest in or to the Software, except the limited license expressly set forth in this Agreement.
9. GENERAL: This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America. If any provision of this License is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.
10. The items or Software may contain information that is subject to the Export Administration Regulations (“EAR”) issued by the United States Department of Commerce (15 C.F.R., Chapter VII Subchapter C) and that may not be exported, released or disclosed to certain destinations and foreign nationals except in compliance with U.S. law. The preceding statement is required to be included on any and all reproductions in whole or in part of this item or Software.