Terms and Conditions

Terms and Conditions

CROSSCHECK NETWORKS, INC.

     

PRODUCT LICENSE AGREEMENT TERMS AND CONDITIONS

     

As a condition of using Crosscheck Networks, Inc.’s  (“Crosscheck Networks’”) products that are purchased or used by Licensee including the hardware (the “Hardware”) and the software, including the device drivers, the configuration management tools and the standard issued versions of the software (collectively referred to as the “Software”) and any related recorded media, documentation and all future orders (all items in this paragraph are collectively referred to as the “Products”),the user agrees to all of the terms and conditions of this Product License Agreement Terms and Conditions agreement (the “Agreement”), subject to the terms stated below. 

 

  1. LIMITED LICENSE:
  2. As part of your Agreement to purchase or otherwise obtain the Products you shall be given the following limited license to individually use each of the Products purchased (the “License”): You may use the Software provided as part of the Products for the sole purpose of operating each of the individual Products and configuring each of the Products with your application or server control program. You may use one copy of the Software for each copy that you purchase.  As part of the License, all Crosscheck Networks provided Software and programs, including, but not limited to, device drivers and configuration management tools remain the exclusive property of Crosscheck Networks or its licensors.  As a condition of the License, the Software or any of its parts may not be removed from any of the Products nor used in any other application or device, which action would void the License in its entirety.  As part of the License, you may merge the provided computer Software programs with other programs for this sole and express purpose and may make archival copies for back-up purposes.  The License is nontransferable, without the express written consent of Crosscheck Networks executive management.  Crosscheck Networks shall have the right to audit semi-annually, and upon other reasonable request, the use of the Products to certify that the Products are being used consistent with the Licensed purchased under the Products License and Purchase Agreement.  Whether the License is a production Runtime License or a Development and Test License and the particular duration of the License shall be delineated within the terms of this Agreement and any supporting documentation provided by Crosscheck Networks or its partners.  

 

  1. The License to use the Products does not extend to any use of the Products when used in or with any application that, in the event of failure of or defect in the Software, the Hardware or the Products, might involve risk of injury or death. If you have purchased or obtained the Products for such an application, you should immediately return the Products and the Documentation to Crosscheck Networks for either replacement or a refund, at the sole discretion of Crosscheck Networks.  The License to use the Product does not extend to any use of the Product when used in or with any application that violates any law or regulation of the United States of America, any of its States or territories, or any other country.

 

  1. You may not copy or reproduce all or any part of the Products, except as authorized in item 1 above.  Removal, emulation or reverse-engineering of all or any part of the Products constitutes an unauthorized modification to the Products and is specifically prohibited.  Such actions shall immediately void this License.  Nothing in this License statement permits you to derive the source code of files that Crosscheck Networks has provided to you in executable or object forms.  Except as noted below, Crosscheck Networks provides no other warranty at all to any person, other than the Product Warranty provided to the original purchaser of the Products as stated herein.

 

  1. COPYRIGHT: Copyright in the Hardware, Software and Documentation are owned by Crosscheck Networks and are protected by United States Copyright Laws and international treaty provisions.  Additionally, the products are protected by patent and trademark statutory and common law.

 

  1. PRODUCT WARRANTY: Crosscheck Networks does not warrant that the operation of the Products will be uninterrupted or error free.  The Products are warranted to be free from defects in materials and workmanship and will perform substantially in accordance with the Documentation for a period of ninety (90) days from the date of receipt.  The Products are not warranted to any extent when used in or with any application that, in the event of failure of or defect in the Product, might involve risk of injury or death.  This warranty is nontransferable, without the express written consent of Crosscheck Networks executive management.  Crosscheck Networks reserves the right to either repair or replace, at the sole and exclusive option of Crosscheck Networks, any defect in the Products that occurs under this warranty and within the warranty period.  Any repairs to the Products must be made by the manufacturer.  The warranty is void if the customer opens the Products, alters the Products or otherwise attempts to repair the Products without the express written consent of Crosscheck Networks. 

 

  1. CUSTOMER REMEDIES: Crosscheck Networks and its suppliers’ entire liability and your exclusive remedy shall be, at Crosscheck Networks’ option, either (a) return of the price paid for the Products, or (b) repair or replacement of the portion of the Products that does not meet Crosscheck Networks product warranty and which is returned to Crosscheck Networks with a copy of your receipt.  The product warranty is void if failure of the Software has resulted from accident, abuse, or misapplication.  Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.  Warranty claims must be made in writing during the warranty period and within seven (7) days of the observation of the defect, accompanied by evidence satisfactory to Crosscheck Networks.  Products returned to Crosscheck Networks shall be shipped with freight and insurance paid along with a written explanation of the problem claimed and the name, address and telephone number of the person or entity returning the Products.

 

  1. NO OTHER WARRANTIES: Except as stated above, Crosscheck Networks and its suppliers DISCLAIM ALL OTHER WARRANTIES IN THE PRODUCTS, INCLUDING THE SOFTWARE, THE HARDWARE, AND ANY DOCUMENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

  1. NO LIABILITY FOR CONSEQUENTIAL DAMAGES: In no event shall Crosscheck Networks or its suppliers be liable for any consequential, incidental or punitive damages whatsoever (including, without limitation, damages for loss of business profits or savings, business interruptions, loss of business information, or any other pecuniary loss arising out of the use of or inability to use these Crosscheck Networks Products or for any claims by you based on any third-party claims) even if Crosscheck Networks has been advised of the possibility of such damages.  Any liability for any alleged damages shall not exceed the price you paid for the unit of Products that caused your alleged damages.  In no event will Crosscheck Networks be liable for any damages caused by your failure to perform your obligations or your failure to act in a reasonable manner.

 

  1. U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and Documentation are provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by the Government is subject to restriction as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer software clauses at DFARS 252,227 – 7018 or subparagraphs (c) (1) and (2) of the Commercial Computer Software – Restricted Rights clause at 48 CFR 52.227-18, as applicable.  Copyright Owner and Licenser is Crosscheck Networks, Inc. – Legal Affairs, Newton, MA.

 

  1. JURISDICTION: This agreement is governed by the laws of the State of Massachusetts and any suit regarding this agreement shall have its venue within the State of Massachusetts.  If you have and questions concerning this agreement, please write to Crosscheck Networks – Legal Affairs.  Crosscheck Networks address can be found at www.crosschecknet.com.

 

  1. EXPORT RESTRICTIONS: You agree that the products, including computer programs and technical information pertaining thereto are export restricted by the U.S. Government or other governments and shall not be exported or re-exported, directly or indirectly (i) without all export or re-export licenses and governmental approvals required by applicable laws, or (ii) in violation of any applicable prohibition against the export or re-export of any part of the Products and associated Software.  You agree these commodities, technology or software were exported from the United States in accordance with the Export Administration regulations.  Diversion contrary to U.S. law is prohibited.

 

BY READING THE ABOVE AGREEMENT, CHECKING THE “I AGREE” BOX, AND/OR USING THE PRODUCT I AGREE TO THE TERMS AND CONDITIONS OF THIS PRODUCT LICENSE AGREEMENT TERMS AND CONDITIONS.