Cine-tal™ Collaborate - Process - Display

Cine-tal Hardware Warranty

( a ) Company warrants to the original purchaser of Equipment that for the Warranty Period (as defined below), the Equipment will be free from material defects in materials and workmanship. The foregoing warranty is subject to the proper installation, operation and maintenance of the Equipment in accordance with installation instructions and the operating manual supplied to Customer. Warranty claims must be made by Customer in writing within sixty (60) days of the manifestation of a problem. Company's sole obligation under the foregoing warranty is, at Company's option, to repair, replace or correct any such defect that was present at the time of delivery, or to remove the Equipment and to refund the purchase price to Customer.

( b ) The "Warranty Period" begins on the date the Equipment is delivered and continues for 12 months.

( c ) Any repairs under this warranty must be conducted by an authorized Company service representative at an authorized repair facility. The customer is responsible for costs associated with shipping the equipment to and from an authorized repair facility.

( d ) This warranty is for the hardware and hardware sub-systems of the equipment and specifically excluded from the warranty is all software, (which is covered under the software warranty), problems due to accidents, misuse, misapplication, storage damage, negligence, or modification to the Equipment or its components.

( e ) Company does not authorize any person or party to assume or create for it any other obligation or liability in connection with the Equipment except as set forth herein.

( f ) THE WARRANTY IN SECTION 6(a) ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHER INDEMNITIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Software License Agreement

IMPORTANT-READ CAREFULLY: This Software License Agreement is a legal agreement between Cine-tal’s Customer and Cine-tal Systems LLC. This system contains certain Cine-tal Systems computer software, hardware, associated media, printed materials, and electronic documentation. By using the system described in this manual, The Customer agrees to be bound by the terms of this Software License Agreement. If The Customer does not agree to the terms of this Software License Agreement, Cine-tal Systems LLC is unwilling to license the Software to The Customer. In such case, The Customer may not use or copy the Software. This system also contains certain third party software licenses included and contained with the materials shipped with the system.

License: Cine-tal Systems LLC grants a nonexclusive, personal, perpetual, nontransferable, limited license to use the installed Software exclusively on hardware on which Cine-tal Systems LLC has installed the Software, or on hardware on which Cine-tal Systems LLC has authorized it to be installed,. Such Software may only be enabled, modified or updated by Cine-tal Systems LLC or its authorized agent. Cine-tal Systems LLC and its licensors retain the right, title, and interest in and to all Software. Title to the media on which the Software is delivered is transferred to the Customer.

Restrictions: The Software is copyrighted and may contain material that is protected by patent, trade secret or other laws pertaining to proprietary rights. You may not copy the Software, except that you may make a single copy for archival purposes. You may not modify the Software or permit or assist any third party in doing so. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to source code or other human-readable form, or attempt or permit any third party to do so. Any violation of this Software license shall be a material breach and shall immediately entitle Cine-tal Systems LLC to exercise any remedy that may exist at law or in equity.

Copyright: All title and copyrights in the Software (and any copies thereof) and the accompanying printed materials are owned by Cine-tal Systems LLC. All rights not specifically granted under this Software License Agreement are reserved by Cine-tal Systems LLC.

Limitation of Liability.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, OR USE INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, OR TORT, OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE DEFECTIVE EQUIPMENT. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN COMPANY AND CUSTOMER. COMPANY'S PRICING REFLECTS THIS ALLOCATION OF RISK AND BUT FOR THIS ALLOCATION AND LIMITATION OF LIABILITY, COMPANY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.