Option OMO0491-I Gobi2000 PCI Express Mini Card User Manual 08A Terms and conditions Booklet

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Document ID	1226956
Application ID	X7m5x1pDqUOpSsLSbmQ6UQ==
Document Description	08A Terms and conditions Booklet
Short Term Confidential	No
Permanent Confidential	No
Supercede	No
Document Type	User Manual
Display Format	Adobe Acrobat PDF - pdf
Filesize	12.87kB (160898 bits)
Date Submitted	2010-01-13 00:00:00
Date Available	2010-01-13 00:00:00
Creation Date	2009-10-26 15:55:06
Producing Software	Adobe PDF Library 9.0
Document Lastmod	2009-10-27 11:00:48
Document Title	08A Terms and conditions Booklet
Document Creator	Adobe InDesign CS4 (6.0.4)

Terms of Use
IREX Digital Reader 800SG
Terms and conditions
AVOID DAMAGE OR MA LFU NCTION:
• When setting up and using the IREX DR800SG (the
“Device”), refer to the Quick Start Guide and the User
Manual, and follow the instructions and heed all warnings
about the Device.
• Avoid using the Device in temperatures below 5°C/41°F or
above 35°C/95°F. The Device can be stored in temperatures
ranging from -10°C/14°F to 45°C/113°F. Battery life may be
shortened in low temperature conditions.
• Do not expose the Device to excessive heat caused by heating
equipment or direct sunlight. Use a protective cover to shield
the Device from the sun.
• Do not drop the Device or allow objects to fall on the Device.
• Do not allow the Device to be submerged in water.
• Do not expose the Device to water, extreme humidity, or
liquids of any kind. Damage caused by moisture is not
covered by warranty. It is also advised to avoid exposure to
dust and sand as much as possible.
• Do not use any cleaning agents as they may harm the Device.
Only use a soft, damp, lint free cloth to clean the Device.
Make sure the Device is unplugged while cleaning and avoid
getting moisture into openings.
Back up your files. Ensure that you retain the original files you have
downloaded to your Device. IREX Technologies, BV (“IREX”) is not
responsible for any loss of data if the Device becomes damaged or
not readable / legible, or if data is lost during any scheduled repair by
an authorized service representative.
Warning: Electrical equipment can be hazardous if misused.
Operation of this product, or similar products, must always be
supervised by an adult. Do not allow children access to the interior of
any electrical product and do not permit them to handle any cables.
The Device contains sensitive components including a rechargeable
battery. Prevent damage by making sure you do not drop, bend or
crush the Device.
Battery Sa fety
The Device uses a rechargeable Lithium Ion battery to power it. The
battery is charged by connecting the Device to a power source using
the included USB cable.
• Do not expose the battery to fire or direct sunlight.
• Do not attempt to open or alter the battery, and avoid
scratching or puncturing the outer seal of the battery.
• Do not dispose of the battery with household waste.
• Keep the battery out of reach of children.
Modifications a nd Professiona l
Ca r e
Never pry open the Device case, modify, or attempt to repair the
Device. Opening the Device case will void any warranty and release
the manufacturer from all responsibilities. If you feel your Device
is defective, please follow the steps outlined in Obtaining Warranty
Care.
Be R esponsible! R espect Copy r ights
IREX respects the intellectual property of others, and asks users of
the Device to do the same. Multimedia content on the Internet may
have been created and/or distributed without the original copyright
owner’s authorization. Copying or distributing unauthorized content
may violate copyright laws in various countries including yours.
Compliance with copyright laws remains your responsibility.
Unauthorized duplication of any copy-protected digital content,
whether downloaded from the Internet or via a mobile wireless
network, is a violation of copyright laws and international treaties.
The Device is intended for use with public domain or properly
licensed content and personal documents. You must respect
copyright instructions provided by the copyright owner of the work.
Such instruction may state that no further copies shall be made.
R ecycling the Dev ice
The Device is designed and manufactured with high quality
materials and components, which can be recycled and reused. Never
dispose of the device with other household waste. Please join IREX
in conserving natural resources and protecting the environment by
recycling the Device when it has reached the end of its life cycle.
You can contact your local authorities for information about laws
and regulations regarding the proper disposal of this device. The
correct disposal of your old device helps prevent potentially negative
consequences on the environment and human health.
Please inform yourself about the local rules on separate collection of
batteries. The correct disposal of batteries helps prevent potentially
negative consequences on the environment and human health.
W ir eless Connecti v ity
IREX provides wireless connectivity free of charge to you for certain
content shopping and downloading services on your Device. You
may be charged a fee for wireless connectivity for your personal use
of other wireless services on your Device. IREX reserves the right
to discontinue wireless connectivity at any time or to otherwise
change the terms for wireless connectivity at any time, including, but
not limited to (a) limiting the number and size of the data files that
may be transferred using wireless connectivity and (b) changing the
amount and terms applicable for wireless connectivity charges.
You acknowledge that if your Device is located in any area without
applicable wireless connectivity, you may not be able to use some
or all elements of the wireless services. IREX is not responsible for
unavailability of wireless service or any interruptions of wireless
connectivity. Wireless connectivity is only available in the country
where the product is intended to be sold.
You agree you will use the wireless connectivity provided by IREX
only in connection with the services and software IREX provides
with and for the Device. You may not use the Device and/or wireless
connectivity capabilities for any other purpose – such as a modem for
a peripheral device.
Sa fety a nd compli a nce
Infor m ation
W ir eless Sa fety
Do not use the Device in any area in which wireless use is prohibited
or where it may cause interference. Generally, you should not use
the Device in any area where you are not permitted to use a cellular
telephone. For example, the US FAA prohibits the use of wireless
service while flying and during certain other situations to prevent
interference with aircraft navigational systems. Please follow the
crew member instructions regarding the use of the wireless service.
Note that once a crew member has informed you that electronic
devices are permitted, you can use the Device for reading so long
as the wireless component remains turned off. Note: The Device
can be switched to “airplane” mode which deactivates the wireless
device, please refer to the user manual for specific instructions on
this feature.
Other Electronic Dev ices/
Inter fer ence
Active mobile phones in the vicinity may cause interference with
the Device. The Device generates uses and emits radio frequency
(RF) energy. It may cause interference with radio, communications
and other electronic equipment if not used properly. Most electronic
equipment in use today is protected from RF signal interference;
however, if such equipment is not installed properly or does not
have the proper RF shields in place, it may be adversely affected by
RF signals. Such equipment includes computer operating systems,
entertainment systems and personal medical devices, such as
pacemakers. You should check with the manufacturer or, in the
case of personal medical devices, with your physician, to determine
whether they contain adequate protection against externally
generated RF signals.
Keep in mind that there are some locations where RF signals may
cause danger, such as hospitals or other health care facilities. Please
turn off the wireless capability in the Device in any facility where
posted notices so require.
FCC Compli a nce
This Device complies with Part 15 of the FCC Rules. Operation
is subject to the following two conditions: (1) this Device may
not cause harmful interference; and (2) this device must accept
any interference received, including interference that may cause
undesired operation.
This Device meets the FCC Radio Frequency Emission Guidelines
and is certified with the FCC as FCC ID Number: NCMOMO0491-I.
This Device has been tested and found to comply with the limits for
a Class B digital device, pursuant to Part 15 of the FCC Rules. These
limits are designed to provide reasonable protection against harmful
interference in a residential installation. However, there is no
guarantee that interference will not occur in a specific installation.
You can determine whether the Device is causing interference
with your radio or television by turning the Device on and off.
Interference with home electronic equipment may be corrected by
taking one or more of the following steps:
(a) Reorient or relocate the receiving antenna for a television or radio;
(b) Increase the distance between the Device and the affected
television or radio;
(c) Connect the equipment into an outlet on a different circuit from
that to which the receiver is connected; or
(d) Consult the dealer or an experienced television or radio technician
for help.
Important: Changes or modifications to the Device not authorized
by IREX could void the Device’s compliance with the applicable
FCC requirements and negate your authority to use the Device.
Responsible Party (contact for FCC matters only):
Corporate Compliance
IREX Technologies, B.V.
High Tech Campus 9
5656 AE Eindhoven
The Netherlands
Copy:
Corporate Compliance, IREX Technologies, B.V.
c/o LeClair Ryan, P.C.
888 S. Figueroa Street, Suite 1800
Los Angeles, CA 90017
When turned on, the Device may receive and emit RF energy. The
Device has been tested and meets the U.S. government’s standards
for exposure to RF energy. The Device is designed and manufactured
to comply with the limits for exposure to RF energy set by the FCC.
This exposure standard employs a unit of measurement known as
the specific absorption rate (SAR). Tests for SAR are conducted
using standard operating positions accepted by the FCC with the
device transmitting at its highest certified power level in all tested
frequency bands.
Although the SAR is determined at the highest certified power level,
the actual SAR level of the Device while operating may fall well
below the maximum level. This is because the Device is designed to
operate at multiple power levels so as to use only the power required
to reach the network. In general, the closer you are to a wireless
base-station antenna, the lower the power output. The measured
SAR value for this model of the Device is below the limit as stated
by the FCC.
The FCC has granted an Equipment Authorization for this Device
with all reported SAR levels evaluated as in compliance with the
FCC RF exposure guidelines. SAR information on this Device
is on file with the FCC and can be found under the Display Grant
section of http://www.fcc.gov/oet/ea after searching on FCC ID:
NCMOMO0491-I.
Limited Wa r r a nty Cov er age
IREX warranty obligations for the Device are limited to the terms
set forth below:
IREX warrants the Device against defects in material and
workmanship under normal use for a period of one (1) year from
the date of original purchase by the original end-user purchaser
(“Warranty Period”).
If a defect arises and a valid claim is received by IREX within
the Warranty Period, at its option and to the extent permitted
by law, IREX will (1) repair the Device at no charge, using new
or refurbished replacement parts, (2) replace the Device with a
comparable product that is new or which has been manufactured
from new or serviceable used parts and is at least functionally
equivalent to the original product.
IREX warrants replacement products or parts provided under this
warranty against defects in materials and workmanship from the date
of the replacement or repair for ninety (90) days or for the remaining
portion of the original Device’s warranty, whichever provides
longer coverage for you. When a product or part is exchanged, any
replacement item becomes your property and the replaced item
becomes IREX’s property.
Damage and defects that are not the direct result of shipping or
manufacturing, prior to reaching the end user, as determined by
IREX, will not be covered by the warranty. The display screen of
this device is made from glass and can be scratched or broken if
mistreated. Any damage to the display screen as a result of misuse,
abuse, excessive pressure which can cause burst ink capsules,
improper storage, or careless handling is not covered by the warranty.
Further, the electronic pen used with the Device, particularly the tip,
can be damaged if dropped or misused. Any damage caused by fire,
accident, or unauthorized alterations to the device is not covered by
the warranty.
Exclusions and Limitations
The above warranty applies only to this hardware product
manufactured by or for IREX that can be identified by the “IREX”
trademark, trade name or logo affixed to it. This warranty does not
apply to any non-IREX hardware product or any software (whether
or not it is IREX software, including but not limited to the system
software), even if packaged or sold with IREX hardware. Suppliers
other than IREX may provide their own warranties to the end user
purchaser which does not contradict your rights towards IREX.
Software distributed by IREX with or without the IREX brand name
(including, without limitation, the system software) is not covered
under this warranty. Refer to the software license accompanying the
software for details on your rights with respect to its use.
IREX is not liable for any damage to or loss of any programs, data, or
other information stored on any media contained within the Device,
or any non-IREX product or part not covered by this warranty.
Recovery or reinstallation of the software, applications, data or other
information is not covered under this warranty.
This warranty does not apply: (a) to damage caused by accidents, fire,
abuse, excessive display screen pressure, misuse, misapplication,
opening the Device case, or non-IREX products; (b) to damage
caused by servicing or alterations not authorized by IREX; (c) to
damage due to usage that is not in accordance with the Device
instructions; (d) to damage due to failure to perform preventive
maintenance; (e) to a product or a part that has been modified without
the written permission of IREX; or (f) to Devices with missing or
altered Product number or Serial number.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS
WARRANTY AND THE REMEDIES SET FORTH ABOVE
ARE YOUR EXCLUSIVE REMEDY AND IREX’S ENTIRE
LIABILITY IN THE EVENT OF ANY FAILURE OR DEFECT
IN CONNECTION WITH THE DEVICE AND IN LIEU OF ALL
OTHER WARRANTIES, REMEDIES AND CONDITIONS,
WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED.
IREX SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, WARRANTIES AGAINST HIDDEN
OR LATENT DEFECTS, AND WARRANTIES OF ACCURACY,
QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRDPARTY RIGHTS. IF IREX CANNOT LAWFULLY DISCLAIM
OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE
LAW, THEN TO THE EXTENT POSSIBLE ANY CLAIMS
UNDER SUCH IMPLIED WARRANTIES SHALL EXPIRE ON
EXPIRATION OF THE WARRANTY PERIOD.
No IREX reseller, agent, or employee is authorized to make any
modification, extension, or addition to this warranty. If any term is
held to be illegal or unenforceable, the legality or enforceability of
the remaining terms shall not be affected or impaired.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE
MAXIMUM EXTENT PERMITTED BY LAW, IREX IS NOT
RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES RESULTING FROM ANY
BREACH OF WARRANTY OR CONDITION, OR UNDER
ANY OTHER LEGAL THEORY, INCLUDING ANY COSTS
OF RECOVERING OR REPRODUCING ANY PROGRAM OR
DATA STORED IN OR USED WITH THE IREX DEVICE, AND
ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF
DATA STORED ON THE DEVICE. IREX SPECIFICALLY DOES
NOT REPRESENT THAT IT WILL BE ABLE TO REPAIR ANY
DEVICE UNDER THIS WARRANTY OR MAKE A PRODUCT
EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS
OR DATA. IN ANY EVENT, THE MAXIMUM LIABILITY OF
IREX TOWARDS YOU IS EQUAL TO THE SELLING PRICE OF
THE DEVICE, EXCEPT WHERE DAMAGES ARE THE RESULT
OF INTENTIONAL OR MATERIALLY NEGLIGENT ACTS OR
OMISSIONS OF IREX.
This limited warranty gives you specific legal rights, and you may
have other rights which vary from state to state.
Consumer Protection Laws
FOR CONSUMERS WHO HAVE THE BENEFIT OF CONSUMER
PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY
OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY
OF RESIDENCE, THE BENEFITS CONFERRED BY THIS
WARRANTY ARE IN ADDITION TO ALL RIGHTS AND
REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION
LAWS AND REGULATIONS. TO THE EXTENT THAT
LIABILITY UNDER SUCH CONSUMER PROTECTION LAWS
AND REGULATIONS MAY BE LIMITED, IREX’S LIABILITY
IS LIMITED, AT ITS SOLE OPTION TO REPLACEMENT
OR REPAIR OF THE DEVICE OR SUPPLY OF THE REPAIR
SERVICE AGAIN.
Obtaining Warranty Service
Before seeking warranty service, please review the online help
resources available at www.irexdigitalreader.com/support, or contact
the Technical Support center either by creating a support case at
www.irexdigitalreader.com/support or calling US only: 1-877-259IREX (4739) and outside of the US: 1-805-539-1739. If the Device is
still not functioning properly after making use of these resources,
please contact the retailer where you purchased the Device for
warranty or service related support or contact the Technical Support
center for warranty related information.
If you contact IREX directly for warranty service and IREX provides
such service directly, IREX may either (1) send you packaging
materials and prepaid way bills to enable you to ship the product to
the IREX repair center location for service or (2) send you a new or
refurbished product (“replacement service”). Upon receipt of the
replacement product or part, the original product or part becomes
property of IREX and you agree to follow instructions, including,
if required, arranging the return of original product or part to IREX
in a timely manner. When providing replacement service requiring
the return of the original product or part, IREX may require a credit
card authorization as security for the retail price of the replacement
product or part and applicable shipping costs. If you follow
instructions, IREX will cancel the credit card authorization, so you
will not be charged for the product or part and shipping costs. If you
fail to return the replaced product or part as instructed, IREX will
charge the credit card for the authorized amount.
Service options, parts availability and response times may vary
according to the country in which service is requested. Service
10
options are subject to change at any time. If you seek service in a
country that is not the country of purchase, you will comply with
all applicable export laws and regulations and be responsible for
all custom duties, V.A.T. and other associated taxes and charges if
the product cannot be serviced in the country in which service is
requested. For international service, IREX may repair or exchange
defective products and parts with comparable products and parts
that comply with local standards. In accordance with applicable law,
IREX may require that you furnish proof of purchase details and/
or comply with registration requirements before receiving warranty
service.
Before you ship the Device for warranty service it is your
responsibility to back up the data on the internal memory of the
Device and remove any confidential, proprietary, or personal
information and the Micro SD Card. THE CONTENT ON THE
DEVICE WILL BE REFORMATTED IN THE COURSE OF
WARRANTY SERVICE AND IREX AND ITS AGENTS ARE
NOT RESPONSIBLE FOR ANY OF YOUR CONFIDENTIAL,
PROPRIETARY, OR PERSONAL INFORMATION; LOST OR
CORRUPTED DATA; OR DAMAGED OR LOST REMOVABLE
MEDIA. Factory refurbished product will be returned to you
configured as originally purchased, subject to applicable updates.
You will be responsible for reinstalling all other software and data.
Recovery and reinstallation of software and user data are not covered
under this warranty.
Softwa r e
The Device is provided with certain software which is licensed to
you in accordance with the End User License Agreement provided
below.
THIS END USER LICENSE AGREEMENT (“THIS
AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT
BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) AND
IREX TECHNOLOGIES B.V. A DUTCH LIMITED LIABILITY
COMPANY, WITH ITS PRINCIPAL OFFICE AT HIGH TECH
CAMPUS, 5656 AE EINDHOVEN, THE NETHERLANDS
(“IREX”). THIS AGREEMENT GIVES YOU THE RIGHT TO USE
CERTAIN SOFTWARE INCLUDING USER DOCUMENTATION
IN ELECTRONIC FORM WHICH MAY HAVE BEEN PROVIDED
SEPARATELY OR TOGETHER WITH AN IREX PRODUCT
11
(THE “DEVICE”) OR A PC. BY DOWNLOADING, INSTALLING
OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT
AND AGREE TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD,
INSTALL, OR OTHERWISE USE THE SOFTWARE.
Grant of License
Definitions. The following terms apply to the Device and to (a) all
software (and the media on which such software is distributed) of
IREX or third parties that is pre-installed on the Device at time of
purchase or that IREX provides as updates/upgrades to the preinstalled software (collectively, the “Software”), unless you agree to
other terms as part of an update/upgrade process; and (b) any printed,
on-line or other electronic documentation for such software (the
“Documentation”). As used in this Agreement, “Software” means,
collectively, the Device Software and Documentation.
This Agreement grants you a non-exclusive, nontransferable, nonsub-licensable license to install and use, on the Device one (1)
copy of the specified version of the Software in object code format
as set out in the user documentation solely for your personal use.
The Software is “in use” when it is loaded into the temporary or
permanent memory (i.e. RAM, flash memory, etc.) of the Device.
Ownership. The Software is licensed and not sold to you. This
Agreement grants you only the right to use the Software, but you
do not acquire any rights, express or implied, in the Software other
than those specified in this Agreement. IREX and its licensors
retain all right, title, and interest in and to the Software, including
all patents, copyrights, trade secrets, and other intellectual property
rights incorporated therein. The Software is protected by copyright
laws, international treaty provisions, and other intellectual property
laws. Therefore, other than as expressly set forth herein, you may
not copy the Software without prior written authorization of IREX.
You may not copy any printed materials accompanying the Software,
nor print more than one (1) copy of any user documentation provided
in electronic form, except that you may make one (1) copy of such
printed materials for your back-up purposes only.
Use of the Software. You may use the Software only on the Device.
You may not separate any individual component of the Software for
12
use on another device or computer, may not transfer it for use on
another device or use it, or any portion of it, over a network and may
not sell, rent, lease, lend, distribute or sublicense or otherwise assign
any rights to the Software in whole or in part.
No Reverse Engineering, Decompilation, Disassembly or
Circumvention. Except and to the extent permitted by mandatory
law, you may not, and you may not encourage, assist, or authorize any
other person to modify, reverse engineer, decompile or disassemble
the Device or the Software, whether in whole or in part, create any
derivative works from or of the Software, or bypass, modify, defaut
or tamper with or circumvent any of the functions or protections of
the Device or Software or any mechanisms operatively linked to the
Software, including, but not limited to, augmenting or substituting
any digital rights management functionality of the Device or
Software.
Use of Secure Content (DRM). The Software may contain
components of certain licensed software including software
licensed from digital rights management (“DRM”) Providers which
implements DRM technology for the encryption of digital content.
Content providers use the DRM technology to protect the integrity of
their content (“Secure Content”) so that their intellectual property,
including copyrights, in such content is not misappropriated. Your
Device may also use DRM software to transfer or display Secure
Content (DRM Software”). If the security of such DRM Software
is compromised, a DRM Provider may revoke (either on its own or
upon the request of the owners of Secure Content (“Secure Content
Owners”)) the DRM Software’s right to acquire new licenses to copy,
store, transfer, display and/or display Secure Content. Revocation
does not alter the DRM Software’s ability to display unprotected
content. A list of revoked DRM Software is sent to your Device
whenever you download a license for Secure Content. A DRM
Provider may, in conjunction with such license, also download
revocation lists onto your Device on behalf of Secure Content
Owners, which may disable your Device’s ability to copy, store,
transfer, and/or display Secure Content. Secure Content Owners
may also require you to upgrade some of the DRM components
distributed with this Software (“DRM Upgrades”) before accessing
their content. When you attempt to display Secure Content, DRM
Software built by a DRM Provider will notify you that a DRM
Upgrade is required and then ask for your consent before the DRM
13
Upgrade is downloaded. DRM Software built by IREX may do
the same. If you decline the upgrade, you will not be able to access
Secure Content that requires the DRM Upgrade; however, you will
still be able to access unprotected content and Secure Content that
does not require the upgrade. DRM features that access the Internet,
such as acquiring new licenses and/or performing a required DRM
Upgrade, can be switched off. When these features are switched off,
you will still be able to display Secure Content if you have a valid
license for such content already stored on your Device. However,
you will not be able to use certain of the DRM Software features
that require Internet access such as the ability to download content
that requires the DRM Upgrade. All title and intellectual property
rights in and to the Secure Content is the property of the respective
Secure Content owners and may be protected by applicable copyright
or other intellectual property laws and treaties. This Agreement
grants you no rights to use such Secure Content. To summarize, if
the Software contains DRM components - Secure Content you desire
to download, copy, store, transfer, and/or display is protected by
the DRM components of the Software -- Secure Content Owners,
or Secure Content distributors may deny you access, or restrict
your access, to Secure Content even after you have paid for, and/
or obtained, it. Neither your consent nor the consent or approval of
IREX is necessary for any of them to deny, withhold or otherwise
restrict your access to Secure Content. IREX does not guarantee that
you will be able to download, copy, store, transfer, and/or display
Secure Content.
Termination. These Terms and Conditions shall be effective upon
installation or first use of the Software (as applicable) and shall
terminate (1) upon your failure to comply with any term of these
Terms and Conditions; or (2) upon destruction of all copies of the
Software and related materials provided to you by IREX hereunder.
IREX’s rights and your obligations shall survive the termination of
these Terms and Conditions.
Upgrades. IREX may, at its sole option, make upgrades to the
Software available by general posting on a website or by any other
means or methods, including remote and automatic update on the
Device. Such upgrades may be made available pursuant to the terms
of this Agreement or the release of such upgrades to you may be
subject to an updated or revised agreement.
Support Services. IREX is not obligated to provide technical or
14
other support (“Support Services”) for the Software. If IREX does
provide you with Support Services, these will be governed by
separate terms and conditions to be agreed upon between you and
IREX.
Limited Software Warranty. IREX provides the Software ‘as is’
and without any warranty except that the Software will perform
substantially in accordance with the documentation accompanying
the Software for a period of one year after your first download,
installation or use of the Software, whichever occurs first. IREX’S
entire liability and your exclusive remedy for breach of this warranty
shall be, at IREX’S option, either (a) return of the price paid by you
for the Software (if any); or (b) repair or replacement of the Software
that does not meet the warranty set forth herein and that is returned
to IREX with a copy of your receipt. This limited warranty shall
be void if failure of the Software has resulted from any accident,
abuse, misuse or wrongful application. Any replacement Software
will be warranted for the remainder of the original warranty period
or thirty (30) days, whichever is longer. This limited warranty shall
not apply to you if the Software was provided to you free of charge
on an evaluation only basis. This limited warranty applies only to
the Software pre-installed or otherwise provided by IREX. IREX
does not warrant and expressly disclaims any and all warranties for
any third party software, plug-ins, applications or other materials
(collectively, “Third Party Software”), whether provided by IREX or
a third party. IREX is not responsible for the operation or usability
of such Third Party Software or for the impact of such Third Party
Software on the operation or usability of the Device. IREX reserves
the right to terminate your access to and the availability of any Third
Party Software at IREX’s sole discretion.
NO OTHER WARRANTIES. EXCEPT AS SET FORTH
ABOVE, IREX AND ITS LICENSORS DO NOT WARRANT
THAT THE SOFTWARE WILL OPERATE ERROR FREE
OR UNINTERRUPTED OR THAT THE SOFTWARE WILL
MEET YOUR REQUIREMENTS. YOU ASSUME ALL
RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE
TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE
INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM
THE SOFTWARE AND ACCURACY OR COMPLETENESS OF
RESULTS WITH RESPECT TO THE SOFTWARE AND THE
ACCOMPANYING MATERIALS. THERE IS NO WARRANTY
AGAINST INFRINGEMENT. IREX DOES NOT WARRANT
15
THAT YOU WILL BE ABLE TO DOWNLOAD, COPY, STORE,
TRANSFER, AND/OR DISPLAY SECURE CONTENT OR
ANY OTHER TYPE OF CONTENT OR FILE FORMAT.
DOWNLOADED CONTENT IS EXCLUDED FROM THIS
WARRANTY AND MAY BE COVERED BY A SEPARATE
LICENSE AGREEMENT FROM ASSOCIATED THIRD PARTY
CONTENT PROVIDERS.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES
WILL IREX OR ITS LICENSORS BE LIABLE FOR ANY
CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS
OF DATA, LOSS OF USE OR OTHER PECUNIARY LOSS, EVEN
IF IREX OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
IREX’SOR ITS LICENSORS’ AGGREGATE LIABILITY FOR
DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED
THE GREATER OF THE PRICE ACTUALLY PAID BY YOU FOR
THE SOFTWARE OR FIVE DOLLARS U.S. ($5.00).
Export Administration. You agree that you will not directly or
indirectly, export or re-export the Software to any country for
which the United States Export Administration Act, or any similar
United States law or regulation requires an export license or other
U.S. Government approval, unless the appropriate export license or
approval has first been obtained. By downloading or installing the
Software you agree to abide by this Export provision.
Gener a l
No Illegal Use and Reservation of Rights. You may not use the
Device for any illegal purpose. You understand and agree that sale of
the Device and license of any associated software does not transfer
to you title to or ownership of or give you exclusive rights with
respect to any intellectual property rights of IREX, its licensors or
its suppliers.
Privacy. IREX will maintain and use customer information in
accordance with the IREX Privacy Policy.
16
Patents. The Device, software, processes and methods used in
association with the Device may be covered by one or more patents
or pending patent applications.
Trademarks. Certain of the Device and IREX names used in this
Agreement, the Software, and the printed or Device hosted user
documentation may constitute trademarks of IREX, its licensors
or other third parties. You are not authorized to use any such
trademarks.
This device contains Adobe® Reader® Mobile software under
license from Adobe Systems Incorporated, Copyright © 1995-2009
Adobe Systems Incorporated. All rights reserved. Adobe and Reader
are trademarks of Adobe Systems Incorporated.
Governing Law. The laws of the State of Delaware, without regard
to principles of conflicts of laws, govern these Terms and Conditions
and any dispute of any sort that might arise between you and IREX.
Disputes. YOU UNDERSTAND AND AGREE THAT ANY
DISPUTE ARISING OUT OF OR RELATING TO THE DEVICE,
YOUR PURCHASE OR USE OF THE DEVICE, OR THESE
TERMS AND CONDITIONS SHALL BE SUBMITTED TO
CONFIDENTIAL ARBITRATION IN LOS ANGELES COUNTY,
CALIFORNIA, EXCEPT THAT, TO THE EXTENT IREX, IN ITS
SOLE DISCRETION, BELIEVES THAT YOU HAVE IN ANY
MANNER VIOLATED OR YOU THREATEN TO VIOLATE ANY
OF THE INTELLECTUAL PROPERTY RIGHTS OF IREX OR
ANY OF ITS LICENSORS, OR ARBITRATION OF THE DISPUTE
IS NOT PERMITTED, IREX MAY SEEK EQUITABLE OR OTHER
APPROPRIATE RELIEF IN A STATE OR FEDERAL COURT
LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, AND
YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE
IN SUCH COURTS AND WAIVE ALL OBJECTIONS BASED
ON VENUE OR FORUM NON CONVENIENS WITH RESPECT
TO SUCH COURTS. The arbitrator’s award shall
be binding and may be entered as a judgment
in any court of competent jurisdiction. To the
fullest extent permitted by applicable law,
no arbitration under this Agreement shall be
joined to an arbitration involving any other
party subject to this Agreement, whether
17
through class arbitration proceedings, private
attorney general statutes or capacity, or
otherwise.
Severability. If any term or condition set forth in these Terms
and Conditions shall be deemed invalid, void or for any reason
unenforceable, that part shall be deemed severable and shall not
affect the validity and enforceability of any remaining term or
condition.
Amendment. IREX reserves the right to amend any of the terms of
these Terms and Conditions at any time by posting such revisions
on the IREX website. Your continued use of the Device and the
Software after the effective date of any such change constitutes your
agreement to be bound by such amendment.
© 2009 IREX Technologies B.V. or its affiliates. All rights reserved.
IREX, the IREX logo and MYIREX are trademarks of IREX
Technologies B.V. or its affiliates. Other company and product names
mentioned herein may be trademarks of their respective owners.
Mention of third-party products is for informational purposes only
and constitutes neither an endorsement nor a recommendation.
IREX and its affiliates assume no responsibility with regard to the
performance of these products. All understandings, agreements, or
warranties, if any, take place directly between the vendors and the
prospective users. Every effort has been made to ensure that the
information in this document is accurate. IREX and its affiliates are
not responsible for printing or clerical errors.
Document Number: 08-0000-000006 rev 2
-END-
18
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