LIMITED WARRANTY CERTIFICATE AND TERMS OF SERVICE FOR "GSI"
1. Galcon sells the "GSI" irrigation controller ("the product") and provide associated product software ("the Product Software") and certain
services ("the Services") through Galcon's Web Site (gsi.galconc.com) ("the Site"). This Limited Warranty Certificate and Terms of
service ("these Terms") constitute a legal agreement between Galcon and the original purchaser of the Product (“the Customer”), and
shall govern the Customer's access and use of the Services and the Product. By accessing the Site and/or by using the Services and/
or the Product, the Customer agrees that he has read, understood, accept and agree to be bound by these Terms. If the Customer does
not agree with any of the provisions of these Terms, the Customer must not access or use the Services and/or the Product.
2. Galcon shall, for a limited period of
36
months from the retail purchase date of the original (first) purchaser (“the Warranty Period”),
provide limited warranty for the Product(s) and the Services, as provided for and subject to the provisions and limitations of these Terms.
Without derogating from the foregoing, Galcon does not take any obligation to provide the Services (or any part therefrom) beyond the
Warranty Period.
3. Galcon’s Warranty for the Product and/or the Services only extends to the Customer who, upon requesting warranty service, must
present Galcon with a valid and dully signed contract with Galcon (or any of its authorized dealers) together with a valid purchase receipt.
Failure to produce the said documentation will result in the request for warranty being null and void.
4. Galcon warrants to the Customer that the Product shall materially conform to the description in Galcon’s documentation and shall be free
from defects in material and workmanship. Accordingly, Customer’s sole and exclusive remedy under this warranty is the repair or – to
Galcon’s sole discretion – the replacement of the Product or any part\s according to the terms of this Warranty, and no other remedy
shall be available. Therefore, if - within the Warranty Period - the Product is proven to be defective by reason of faulty workmanship or
materials by Galcon, Galcon undertakes, with reasonable promptness, to have the defective Product (or any part/s thereof) repaired, or
at Galcon’s discretion, replaced; All subject to the terms and conditions of these Terms.
5. Galcon’s warranty for the Product and/or the Services and/or otherwise, shall not apply to any of the following: (i) any conduct (by act
or omission) not by Galcon, including any misuse/abuse of any Product and/or the Services (or part/s thereof), and/or any failure to
install and/or use any Product in full compliance with Galcon’s instructions; (ii) other systems/components/devices/technologies and/
or the integration/interface thereof with any Product.; (iii) any part/component which has been included/installed in any Product not at
Galcon’s approval and/or other than by Galcon; (iv) any actual or attempted change/repair/interference of/with any Product (including
any use/handling of, and/or interference/dealing with, any code of any software included/used in the Product) other than by Galcon; (v)
any data/information/content which has been inserted/included in a Product and/or the Services; (vi) malfunction or damage resulting
from accidents, which occur during transit and/or handling, and/or malfunction or damage due to fire, earthquake, flood, lightning and/or
any other external disaster; (vii) unforeseen accidents, wear and tear, or any other external factors beyond Galcon’s reasonable control,
or to any Product installed, repaired, adjusted, rebuilt, modified, changed or converted by any person (including the Customer) other than
Galcon;
6. In addition and without derogating from the provisions of these Terms, Galcon’s warranty and the Customer's rights to use/access
the Services and/or the Site, is conditioned upon the all of following Customer's undertakings taking place: (i) Customer’s operating
and maintaining the Product and/or the Services in accordance with Galcon’s instructions; (ii) Customer’s not being in default of any
payment obligation to the Galcon (or its authorized dealer, as relevant); (iii) the Customer shall not license, sell, rent, lease, transfer,
assign, distribute, host, or otherwise commercially exploit the Services; (iv) the Customer shall not to modify, make derivative works of,
disassemble, reverse compile, or reverse engineer any part of the Services; (v) the Customer shall not to access the Services and/or
the Site in order to build a similar or competitive service; (vi) except as expressly stated herein, no part of the Services may be copied,
reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (vii) the Customer
shall not upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or
communication network, computer, handheld mobile device, data, the Services, the Product, the Product Software, or any other system,
device or property; (viii) the Customer shall not interfere with, disrupt, or attempt to gain unauthorized access to, the Site, the servers
or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (ix) the Customer shall not
access (or attempt to access) any of the Services by means other than through the interface that is provided by Galcon; (x) the Customer
shall not remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in
or displayed in connection with the Services; (xi) any use or access by anyone under the age of 18 is prohibited.
7. Subject to these Terms, as well as additional guidelines, terms, or rules referred to in this document and incorporated by reference
into these Terms, Galcon grants the Customer a non-transferable, non-exclusive, limited right (without the right to sublicense) to use
the Services for the Warranty Period only and solely for the purpose of controlling and monitoring the Product installed on Customer's
property.
8. Galcon does not give any warranty or guarantee whatsoever in respect of any Product or Services (or any part/s thereof) which has not
been manufactured and distributed by Galcon and which has not been purchased from Galcon or any of its authorized dealers, whether
such products are branded with any trademarks similar to any trademark belonging to or used by Galcon.
9. After replacement or repair of the Product, the Warranty for the new or repaired Product shall be valid only for the non-expired period of
the original Warranty Period. Any defective Products or part/s, which has been replaced, shall become Galcon’s property.
10. Galcon reserves the right to charge the Customer if any warranty service is requested and carried out but no fault is found in the Product
or if such defect/fault is not under Galcon’s Warranty.
11. Notwithstanding anything to the contrary, Galcon shall not be responsible and/or liable, under any circumstances and in any way, for
any loss, damage, costs, expenses, expenditures, responsibility and/or liability (including of Customer and/or any third party) – including
(without limitation) direct and/or indirect (including incidental and/or special and/or consequential), however arising, including in respect
of damages to or loss of property and/or equipment, loss of profit, loss of use, loss of revenue or damages to business or reputation,
whether or not based on breach of contract, tort (including negligence), product liability or otherwise - arising from the performance or
non-performance of any aspect of the Services and/or the Product and/or access to Site or any part thereof; All of the above, whether or
not Galcon and/or the Customer shall have been made aware of the possibility of such loss.
12. In any event, any liability which Galcon may have in connection with the Product and/or the Services and/or access to Site and/or these
Terms, including (without limitation) in connection with and/or resulting from the Product (or any part thereof) and the use thereof and/or
the Services, shall be limited to a total amount (for all damages, claims and causes of action in the aggregate) equal to the consideration
actually received by Galcon from the Customer for the Product. The limitations shall apply whether the liability is based on contract, tort,
strict liability or any other theory.
