Conditions and terms of use.
TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS HARDWARE,
COMPONENTS AND SOFTWARE PROVIDED BY, THROUGH OR UNDER A-NEUTRONICS, INC (COLLECTIVELY, "THE
PRODUCT"). By using installing or using the Product, you unconditionally signify
your agreement to these Terms and Conditions. If you do not agree to these Terms
and Conditions, do not use the Product and return the Product to A-Neutronics, Inc.
at the return address set forth on the Product's packing label at your expense.
A-Neutronics, Inc. may modify these Terms and Conditions at anytime, without notice
to you.
Restrictions On Use of the Product
It is your responsibility to read and understand the installation and operation
instructions, both verbal and in writing, provided to you with respect to the Product.
You are authorized to use the Product solely in connection with such instructions.
Any use of the Product not in accordance with such instructions shall void any warranty
pertaining to the Product. Any and all damages that may occur in the use of the
Product that is not strictly in accordance with such instructions shall be borne
by you and you agree to indemnify and hold harmless A-Neutronics, Inc. from and
against any such damage.
The Product is protected by certain intellectual property rights owned by or licensed
to A-Neutronics. Any intellectual property rights pertaining to the Product are
licensed to you by A-Neutronics, Inc. and/or its affiliates, including any manufacturers
or distributors of the Product (collectively, "A-Neutronics") for your
personal use only, provided that you do not change or delete any proprietary notices
that may be provided with respect to the Product.
The Product is sold to you and any use of any associated intellectual property is
deemed to be licensed to you by A-Neutronics for your personal use only. A-Neutronics
does not transfer either the title or the intellectual property rights to the Product
and A-Neutronics retains full and complete title to the intellectual property rights
therein. All trademarks and logos are owned by A-Neutronics or its licensors and
providers of the Product, and you may not copy or use them in any manner without
the prior written consent of A-Neutronics, which consent may be withheld at the
sole discretion of A-Neutronics.
The functionality and usability of the Product is controlled by A-Neutronics, Inc.
from its offices within the State of Texas, United States of America. A-Neutronics
makes no representation that materials pertaining to the Product are appropriate
or available for use in other locations other than the shipping address you provided
with respect thereto. You are advised that the Product may be subject to U.S. export
controls.
Disclaimers and Limitation of Liability
A-Neutronics may change or modify the Product at any time, from time to time. THE
PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. A-NEUTRONICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE PRODUCT'S CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE.
A-Neutronics has no duty or policy to update any information or statements pertaining
to the Product and, therefore, such information or statements should not be relied
upon as being current as of the date you use the Product. Moreover, any portion
of the materials pertaining to the Product may include technical inaccuracies or
typographical errors. Changes may be made from time to time without notice with
respect to the Product.
TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, A-NEUTRONICS DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. A-NEUTRONICS
DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION WITH
RESPECT TO THE PRODUCT. A-NEUTRONICS DOES NOT WARRANT THAT THE FUNCTIONS PERTAINING
TO THE PRODUCT WILL BE ERROR-FREE, THAT DEFECTS WITH RESPECT TO THE PRODUCT WILL
BE CORRECTED, OR THAT THE MATERIALS PERTAINING THERETO ARE FREE OF DEFECTS OR OTHER
HARMFUL COMPONENTS. A-NEUTRONICS WILL USE ITS REASONABLE EFFORTS TO CORRECT ANY
DEFECTS IN THE PRODUCT UPON TIMELY WRITTEN NOTICE FROM YOU NOT TO EXCEED 10 BUSINESS
DAYS AFTER RECEIPT BY YOU OF THE PRODUCT, BUT YOU (AND NOT A-NEUTRONICS) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION THAT WAS CAUSED
BY YOU UNLESS OTHERWISE AGREED TO IN A SEPARATE WRITING BY A-NEUTRONICS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL A-NEUTRONICS
BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF,
OR THE INABILITY TO USE THE PRODUCT IN ACCORDANCE WITH ITS SPECIFICATIONS, EVEN
IF A-NEUTRONICS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL A-NEUTRONICSS TOTAL LIABILITY TO YOU FROM ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT
YOU PAID TO A-NEUTRONICS, IF ANY, FOR THE PRODUCT.
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