Limited Warranty and Software License The following terms (“Terms”) give you specific legal rights. You may also have other rights that vary depending on local law.
“RealWear” means RealWear’s designated sales entity for your region.“Hardware” means the RealWear HMT-1Z1 head-mounted tablets (excluding Software). “Software” means any software, library, utility, tool, or other computer or program code, in object (binary) form embedded in or pre-installed on the Hardware, including any updates made available to you by RealWear. “Documentation” means the Product related media, printed materials, online and electronic documentation provided by RealWear, including copies. “Products” means Hardware, Software, and Documentation collectively. The Products are solely for your internal use and not for resale. The Products are intended for professional use and are not marketed or promoted for consumer, non-professional, or leisure use. These Terms are the only agreement between RealWear and You regarding your use of the Products and they supersede any other terms, agreements, or documents. If you purchased through a reseller who offered additional terms, that agreement is between you and the reseller.
The Software and Documentation are licensed not sold, and are provided “AS IS”, without any warranty. RealWear and its licensors retain all rights in the Software and Documentation, and grant you only the following limited, personal, non-transferrable licenses:
A. Documentation: You may reproduce a reasonable number of copies of the Documentation for your internal use.
B. Software: You may run and execute the Software only on the specific Hardware on which it was delivered to you, and may not copy, extract, or decompile the Software. The Software contains certain open source software components. The applicable open source license (indicated in the header files), and not this license, applies to those open source components.
C. No Other Rights or Licenses: No other rights or licenses are granted or implied, and the licenses expressly granted in this Section are your only licenses. Except as expressly permitted by applicable law, you may not decompile, attempt to derive source code from, or otherwise reverse engineer any Software. The licenses granted to you by these terms will automatically terminate if you violate any of the license terms.
A. Registration: This warranty is valid only if you register your hardware within 30 days after purchase, and is non-transferrable and is limited to you, the original registered owner, unless applicable law expressly prohibits such a limitation. This is the only warranty RealWear gives for your Hardware and RealWear gives no other guarantee, warranty, or condition, express, statutory, implied, or collateral. No one else may give any guarantee, warranty, or condition on RealWear’s behalf.
B. Express Limited Warranty: For 1 year after the date you register the Hardware, or 15 months from the date of manufacture (if applicable law prohibits requiring registration) (the “Warranty Period”), RealWear warrants that the Hardware will be free of defects in materials or workmanship that cause it to malfunction when used in accordance with the instructions in the RealWear published instruction manual for the Hardware (“Normal Use Conditions”).
C. Effect of Applicable Law on Limited Warranty: If, despite the disclaimers, limitations, and exclusions in this limited warranty, applicable law gives you any implied warranty, including an implied warranty of merchantability or fitness for a particular purpose, its duration is limited to the Warranty Period, unless applicable law expressly prohibits such a limitation. This limited warranty gives you specific, limited rights. You may also have other rights under applicable law.
i. Before starting the warranty process, please use the trouble-shooting tips at http://www.realwear.com.
ii. If the troubleshooting tips do not resolve your problem, then follow the online process at http://www.realwear.com. If you do not have Internet access, you can phone +1(669) 235-5751.
iii. Before sending your Hardware to RealWear for service, be sure to keep a copy of any data you want to save, and delete anything you consider confidential. RealWear is not responsible for your data and may erase it.
i. After you return your Hardware to RealWear (at your cost, unless RealWear is required by applicable law to pay) RealWear will inspect it.
ii. If RealWear, in its sole discretion, determines that: (a) a defect in materials or workmanship caused the Hardware to malfunction during the Warranty Period under Normal Use Conditions, and (b) none of the exclusions in Section F apply, then RealWear will (at its option) repair or replace the Hardware, or refund the purchase price to you. Unless restricted by applicable law, repair may use new or refurbished parts and replacement may be with a new or refurbished unit. RealWear’s responsibility to repair or replace your Hardware, or to refund the purchase price, is your exclusive remedy.
iii. After repair or replacement, your Hardware will be covered by this warranty for the longer of the remainder of your original Warranty Period or 95 days after RealWear ships it to you. Where required by applicable law, the original Warranty Period will be extended for a period of time equal to the time that your Hardware was in RealWear’s possession.
iv. If your Hardware malfunctions after the Warranty Period expires, RealWear provides no warranty of any kind. After the Warranty Period expires, RealWear may charge you a fee for its efforts to diagnose and service any problems with your Hardware.
RealWear is not responsible and this warranty does not apply if your Hardware is:
i. intentionally abused or used in other than Normal Use Conditions (as determined by RealWear in its sole judgment);
ii. used with any battery not provided by RealWear;
iii. damaged by use with products or accessories not sold or licensed by RealWear (including, for example, software not provided by RealWear, chargers, memory cards, or other accessories not manufactured by RealWear, etc.);
iv. opened, modified, disassembled, or tampered with (including circumvention of any security system); repaired by anyone other than RealWear or a RealWear authorized repair center; its serial number or any proprietary marking is altered or removed; or
v. damaged by any external cause (including, for example, by being dropped, intrusion of water or other liquid, etc.; or failure to follow instructions in the instruction manual for the Hardware, for example, failure to tightly affix port covers in wet conditions, etc.).
i. Realwear branded accessories are covered by the Hardware warranty. But batteries and soft cases are warranted for 90 days only; and
ii. consumable parts such as foam pads, straps, hard-hat clips, etc. are not covered by warranty.
A. Exclusion of Certain Damages:
REALWEAR WILL NOT BE LIABLE FOR ANY LOST REVENUE, INCOME, PROFIT, OR SAVINGS; LOST OR CORRUPTED DATA OR SOFTWARE; LOST BUSINESS OPPORTUNITY; PROCUREMENT OF SUBSTITUTE PRODUCTS OR ANY OTHER INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PRODUCTS.
B. Limitation of Liability:
REALWEAR’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PRODUCTS WILL NOT EXCEED THE TOTAL AMOUNT RECEIVED BY REALWEAR FROM YOU DURING THE PRIOR 12 MONTHS FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.
C. Application of Limitations:
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR REALWEAR’S SALE OF PRODUCTS TO YOU, AND WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF REALWEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.
A. Arbitration: Any dispute relating to this Agreement (“Dispute”) will be resolved by binding arbitration according to the then-current Commercial Arbitration Rules of the American Arbitration Association (the “AAA Rules”). The existence, content (including all documents and materials submitted to the arbitrators), and results of any arbitration are Confidential Information. The arbitrator will be a neutral practicing attorney or retired judge with experience in similar cases and appointed in accordance with the AAA Rules. The arbitrator must agree in writing to maintain the confidentiality of the arbitration. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et seq. The prevailing party will be entitled to recovery of arbitration expenses (including reasonable attorney’s fees). The arbitrator’s award will include provisions for this recovery. The arbitrator’s award will be binding and final. Any court having jurisdiction may enter judgment upon the award. The arbitration will be in conducted in English and held in Vancouver, WA.
B. Governing Law: This Agreement is governed by, and the arbitrator will apply, the substantive laws of the State of Washington excluding its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Claims must be brought within 1 year of the date the claim arose, otherwise the claim will be permanently barred.
C. Class Action Waiver: All proceedings will be conducted solely on an individual basis. No arbitration will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You will not seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which you act or propose to act in a representative capacity.