PLD User Guide
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Notices, Disclaimers and Terms of Use
1. Limited Product Warranty
Homeland Security Technology Corporation (“HSTC”) warrants to
the Client that the Products shall substantially conform to HSTC's specification for a period of one
(1) year from the date of the original purchase by the end user (the "Warranty Period"). As HSTC's
sole obligation and Client's exclusive remedy for any breach of warranty, HSTC agrees, at its sole
option, to (i) use reasonable efforts to repair the Product with new or refurbished replacement parts:
(ii) replace the Product with a new or refurbished unit; or (iii) refund the purchase price, provided
Client returns the defective Products to HSTC with proof of purchase and HSTC's authorization.
HSTC's warranty hereunder does not apply in case of any damage caused by accident, abuse,
misuse, misapplication, or alternation of any kind performed by anyone other than HSTC. The
Products are not designed or licensed for use in mission-critical application or in hazardous
environment requiring fail-safe controls, including without limitation operation of nuclear facilities,
aircraft navigation or communication systems, air traffic control, and life support or weapons
systems. Without limiting the generality of the foregoing, HSTC specifically disclaims any express
or implied warranty or condition of fitness for such purposes. HSTC's warranty does not in any
event apply to physical damage to the surface of the Product, or to replacement. HSTC shall have
no obligation with respect to any data stored in the Product.
Except as expressly provided in this section, HSTC makes no warranties or includes any conditions
with respect to the products, express or implied, including, but not limited to, the implied warranties
or conditions of merchantability, fitness for a particular purpose and no infringement.
2. Liability Limitation
In no event shall HSTC be liable to Client for, and Client hereby waives any
indirect, special, incidental, or consequential damages connection with the transactions
contemplated by this agreement, whether or not such damages were foreseen or their likelihood
disclosed. HSTC shall not be liable to Client or any third party claiming through Client, for any
damages of any kind in excess of the amounts paid by Client under the terms of this agreement
with respect to the products giving rise to such damages. Some jurisdictions do not allow the
exclusion of or limitation on implied conditions, warranties, or damages, so some of the foregoing
may not apply to Client.
3. Intellectual Property Rights
Hardware and Software are proprietary to HSTC or its suppliers
and are subject to copyright and other intellectual property laws. Client's only rights with respect to
any HSTC software included with the Products shall be provided under the terms of HSTC's
software license. Title to all HSTC Software remains with HSTC. Client agrees that HSTC retains
ownership of all rights, title, and interest in all intellectual property, works of authorship, trade
secrets and the like in all aspects of the Products. Client and its affiliates and subcontractors agree
not to reverse engineer any aspect of the Software and/or Products supplied under this agreement
and further agree to pay assessed damages should such action take place.
4. Copyright and Copies
The Software (including any copy thereof) is owned by HSTC or its
suppliers and is protected by United States, Canada copyright and patent laws and international
treaty provisions. The Software copy is licensed to you, the client, not sold to you, and you are not
an owner of any copy thereof. You may make one copy of the software for backup or archival
purposes. You may not otherwise copy the software, except as authorized by applicable law, and
you may not copy the written materials accompanying the Software. HSTC hereby reserves all
rights not explicitly granted in this license agreement.
Copyright © 2005, Homeland Security Technology Corporation
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