LICENSE:ACEECA grants you a limited, nonexclusive license to use the accompanying software program(s) (the "Software") subject to the terms and restrictions set forth in this Software License Agreement. You are not permitted to use the Software in any manner not expressly authorized by this License. You acknowledge and agree that ownership of the Software and all subsequent copies thereof regardless of the form or media are held by ACEECA or its suppliers. ACCESS Systems Americas, Inc. is a specified third party beneficiary of the Software License Agreement. The Software is licensed for use on any ACEECA product and/or personal computer, provided that the Software is used only in connection with ACEECA products. You may reproduce and use one (1) copy of the Desktop Software for each personal computer or ACEECA product on which such Software is used. You may use the Device Software only on one (1) ACEECA product. Otherwise, the Software and supporting documentation may be copied only as essential for backup or archive purposes in support of your use of the Software. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software on any copies that you make.
NO ASSIGNMENT; NO REVERSE ENGINEERING:You may transfer the Software to another party if such party accepts the terms and conditions of this Software License Agreement. If you transfer the Software, you must at the same time either transfer all copies of the Software as well as the supporting documentation to the same party or destroy any such materials not transferred. Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited. However, if you are a European Union ("EU") resident, information necessary to achieve interoperability of the Software with other programs within the meaning of the EU Directive on the Legal Protection of Computer Programs is available to you from ACEECA upon written request.
EXPORT RESTRICTIONS:You agree that you will not export or re-export the Software or accompanying documentation (or any copies thereof) or any products utilizing the Software or such documentation in violation of any applicable laws or regulations of the United States or the country in which you obtained them.
TERM AND TERMINATION:This Software License Agreement is effective until terminated. You may terminate it at any time by destroying the Software and documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term or condition of this Software License Agreement. Upon such termination you agree to destroy the Software and documentation, together with all copies.
GOVERNING LAW:The laws of New Zealand shall govern this Software License Agreement and the parties submit to the exclusive jurisdiction of the Courts of New Zealand. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Software License Agreement.
SEVERABILITY:In the event any provision of this Software License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
ENTIRE AGREEMENT:This Software License Agreement and the accompanying Limited Product Warranty set forth the entire agreement between you and ACEECA, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties.
LIMITED PRODUCT WARRANTY
HARDWARE:Aceeca International Limited, Aceeca LLC and Aceeca Limited ("ACEECA") warrants to the original end user ("Customer") that new ACEECA branded products will be free from defects in workmanship and materials, under normal use, for one (1) year (two (2) years in the European Union if you are an individual consumer) from the original purchase date. ACEECA warrants refurbished ACEECA products, marked and sold as such, for ninety (90) days (two (2) years in the European Union if you are an individual consumer) from the original purchase date.
SOFTWARE:ACEECA warrants to Customer that the ACEECA branded software will perform in substantial conformance to their program specifications for a period of ninety (90) days (two (2) years in the European Union if you are an individual consumer) from the original purchase date. ACEECA warrants the media containing software against failure during the warranty period. ACEECA makes no warranty or representation that the operation of the software products will be uninterrupted or error free, or that all defects in the software products will be corrected.
This Limited Product Warranty excludes (1) physical damage to the surface of the product, including cracks or scratches on the LCD touch-screen or outside casing; (2) damage caused by misuse, neglect, improper installation or testing, unauthorized attempts to open, repair, or modify the product, or any other cause beyond the range of the intended use; (3) damage caused by accident, fire, power changes, other hazards, or acts of God; (4) use of the product with any non- ACEECA device or service if such device or service causes the problem; or (5) damage to the screen caused by the stylus (ACEECA recommends the use of screen protectors to avoid this damage).
Any third party products, including software, included with ACEECA products are not covered by this Limited Product Warranty and ACEECA makes no representations or warranties on behalf of such third parties. Any warranty on such products is from the supplier or licensor of the product.
Should a covered defect occur during the warranty period and you notify ACEECA, your sole and exclusive remedy shall be, at ACEECA's sole option and expense, to repair or replace the product or software. If ACEECA cannot reasonably repair nor replace then ACEECA may, in its sole discretion, refund the purchase price paid for the product. Replacement products or parts may be new or reconditioned or comparable versions of the defective item. ACEECA warrants any replaced or repaired product, part, or software for a period of ninety (90) days from shipment, or through the end of the original warranty, whichever is longer.
OBTAINING WARRANTY SERVICE:Customer must email ACEECA Technical Support at firstname.lastname@example.org or ACEECA Customer Support at email@example.com within the applicable warranty period to obtain warranty service authorization. Dated proof of original purchase will be required. Products or parts shipped by Customer to ACEECA must be sent postage-paid and packaged appropriately for safe shipment. ACEECA is not responsible for Customer products received without a warranty service authorization and may be rejected. Repaired or replacement products will be shipped to Customer at ACEECA's expense. All products or parts that are replaced become the property of ACEECA. ACEECA shall not be responsible for Customer's software, firmware, information, or memory data contained in, stored on, or integrated with any products returned to ACEECA for repair, whether under warranty or not. The repair and replacement process for products or parts will vary depending on Customer's location.
WARRANTIES EXCLUSIVE:THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY ACEECA AND ITS SUPPLIERS.
LIMITATION OF LIABILITY:NEITHER ACEECA NOR ITS SUPPLIERS SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF THIS PRODUCT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF ACEECA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACEECA'S ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT ACEECA'S OPTION.
DISCLAIMER:Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you. When implied warranties may not be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This Limited Product Warranty gives you specific legal rights; you may have other rights that may vary depending on local law. Your statutory rights are not affected.
GOVERNING LAW:The laws of New Zealand shall govern this Limited Product Warranty and the parties submit to the exclusive jurisdiction of the Courts of New Zealand. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Limited Product Warranty.