exported or re-exported into Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran,
Syria or any other country to which the U.S. has embargoed goods.
9. Termination.
Either party may terminate this Agreement immediately in the
event of default by the other party. Upon the termination of this Agreement, you
shall immediately discontinue the use of the Keyboard and Software and shall
within 10 days return it to Goldtouch
®
along with all related documentation. If
you choose to return the Keyboard or any other Goldtouch
®
product supplied
with the Software, the Software license granted by this Agreement
automatically terminates.
10. High Risk Activities.
The parties agree that the Keyboard and Software are
not fault-tolerant and are not designed, manufactured or intended for use or
resale as online control equipment in hazardous environments requiring fail
safe performance, such as in the operation of nuclear facilities, aircraft
navigation or communications systems, air traffic control, direct life support
machines, or weapons systems, in which the failure of the product could lead
directly to death, personal injury, or severe physical or environmental damage
(“High Risk Activities”). Accordingly, Goldtouch
®
and its suppliers specifically
disclaim any express or implied warranty of fitness for High Risk Activities.
11. Warranty Claims.
To make a warranty claim, please contact:
Goldtouch
®
Technologies, Inc.
17300 Red Hill Avenue, Suite 100
Irvine, CA 92614, USA.
1-949-798-0300; http://www.goldtouch.com
Important:
Be sure to retain your proof of purchase and for non European
purchasers we recommend registering your Goldtouch
®
Keyboard as it may be
required for warranty service.
Information in this document is subject to change without notice. No part of
this document may be reproduced or transmitted in any form or by any means,
electronic or mechanical, for any purpose, without the express written
permission of Goldstein Technology Pty Ltd.
U.S. Patent Nos. 5,424,728 and 5,543,790, Australian Patent No. 645,590, UK
Patent No. 538,329. Other patents issued and pending. ® means trademark
registered in Australian Trade Marks Office. Trademark applications pending in
other countries. Goldtouch
®
, Applied Ergonomic Science and are
trademarks of Goldstein Technology Pty Ltd and used under license. All other
trademarks are the property of their respective owners.
© 1998 Goldtouch
®
Technologies Inc. All rights reserved.
17
18
PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. IN ANY EVENT, GOLDTOUCH’S ENTIRE LIABILITY UNDER ANY
PROVISION OF THIS WARRANTY SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU, THE ORIGINAL PURCHASER, FOR THE HARDWARE
DEVICE. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW
THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES AND UNDER SUCH SPECIFIC CIRCUMSTANCES THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
5. FCC Compliance and Advisory Statement.
The Keyboard complies with Part
15 of the Rules and Regulations of the Federal Communications Commission
(“FCC Rules”). Operation is subject to the following two conditions: (a) the
Keyboard may not cause harmful interference, and (b) the Keyboard must
accept any interference received, including interference that may cause
undesired operation. The Keyboard has been tested and found to comply with
the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules.
These limits are designed to provide reasonable protection against harmful
interference in a residential installation. The Keyboard generates, uses, and
can radiate radio frequency energy and, if not installed or used in accordance
with the instructions, may cause harmful interference to radio communications.
There is no guarantee that interference will not occur in particular installations.
If the Keyboard causes harmful interference to radio or television reception,
which can be determined by turning the Keyboard off and on, the user is
encouraged to try to correct the interference by one or more of the following
measures:
(i) Reorient or relocate the receiving antenna.
(ii) Increase the separation between the Keyboard and receiver.
(iii) Connect the Keyboard into an outlet on a circuit different from that to
which the receiver is connected.
(iv) Consult the dealer or an experienced radio/TV technician for help.
6. Canadian Interference - Causing Equipment Regulations.
This Class B digital
apparatus meets all requirements of the Canadian Interference Causing
Equipment Resolution; provided, however, changes or modifications not
expressly approved by the manufacturer responsible for compliance could void
the user’s authority to operate the Keyboard.
7. Miscellaneous.
This Agreement represents the complete and exclusive
statement of the agreements between Goldtouch
®
and the customer
concerning the Keyboard. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable, and such decision shall not affect the
enforceability (a) of such provision under other circumstances, or (b) of the
remaining provisions hereof. Heading shall not be considered in interpreting
this Agreement. This Agreement shall be governed by and construed under the
internal laws of the State of California, except as governed by U.S. Federal
laws. This Agreement will not be governed by the United Nations Convention of
Contracts for the International Sale of Goods, the application of which is
hereby expressly excluded. THE ACCEPTANCE OF ANY PURCHASE ORDER
PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO
THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER.
8. Export.
You may not download or otherwise export or re-export any software
created by Goldtouch (the “Software”) or any underlying information or
technology except in full compliance with all applicable laws and regulations in
the country in which you acquired the Software. None of the Software or
underlying information or technology may be downloaded or otherwise
