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  • Legal Notice

  • Terms and Conditions & Limited Warranty

     

    Archerfish® SmartBox™ or

    Archerfish® Kit ("Equipment")

     

    Cernium Corporation ("Cernium")

     

    All Sales are final. By purchasing this Equipment, You agree to abide by the Terms & Conditions below, and agree to the Limited Warranty provided below.

     

    License Grant, Authorized Use & Ownership

     

    License Grant & Authorized Use. The Equipment may contain certain embedded software ("Embedded Software"). In the event the Equipment contains Embedded Software, such Embedded Software is licensed, not sold, and Your use of the Embedded Software is granted only subject to Your strict compliance with this Agreement. Cernium grants You a nonexclusive, nontransferable, perpetual, paid-up license to use the Embedded Software solely in connection with the use of the accompanying Equipment on which it was first delivered to You, and solely in accordance with any applicable user documentation provided with such Embedded Software and/or Equipment. You acknowledge that, pursuant to Your use of the Equipment with its associated web service, Cernium may, from time to time, update or otherwise modify the Embedded Software. You may not, and no right is granted to You to copy, modify, or disassemble, or permit others to copy, modify, or disassemble, the Embedded Software, nor may You modify, adapt, translate, reverse engineer, decompile, or otherwise attempt to derive source code from the Embedded Software. You shall not transfer possession of the Embedded Software except as part of, or with, the Equipment, such transfer being subject to the restrictions contained herein. You may not sublicense, assign or otherwise transfer the Embedded Software, except upon Cernium's prior written consent. You shall not engage in any act or omission that would impair Cernium's and/or its licensors' Intellectual Property Rights, as defined below, in the Embedded Software or the Equipment. Use of the Embedded Software must comply with all applicable laws, including United States export regulations. You acknowledge and agree that, except as specifically set forth in this Agreement, You do not acquire under this Agreement any rights of use or ownership with respect to any trade names, trade dress, trademarks, service marks, commercial symbols, copyrightable material, designs, logos and/or any other intellectual property of Cernium. You further acknowledge that the Embedded Software, although copyrighted, is unpublished and contains proprietary and valuable information of Cernium and/or its licensors and is considered to be trade secrets of Cernium and/or its licensors.

     

    Ownership. Cernium reserves all rights not expressly granted, and, as between Cernium and You, Cernium owns all right, title, and interest, including all patent, copyright, trade secret, trademark, moral rights, mask work rights, and other intellectual property rights ("Intellectual Property Rights") in and to the Equipment and Embedded Software provided or made accessible hereunder, and You acknowledge and agree that such items reflect Cernium's selection, arrangement, coordination, and expression of such information and that the Equipment or Embedded Software may contain confidential information, trade secrets, and/or patented technology.

     

    Open Source. The Equipment may contain certain open-source software (the "Open Source Software"). You can redistribute and/or modify the open source software under the terms of the applicable open source software license agreement. You may obtain a copy of the source code corresponding to the binaries for the Open Source Software (the "GPL Source Files") by sending a request to support@myarcherfish.com, with your name and address, in which case Cernium will mail a copy of the GPL Source Files and the applicable open source software licenses to you on a CD or equivalent physical medium. This offer to obtain a copy of the GPL Source Files is valid for three years from the date you acquired the Equipment. The open source licenses associated with the identified open source components are hereby incorporated by reference as they apply to the identified open source components.

     

     

     

     

    Inspection, Installation and Warranty

     

    Inspection. Immediately upon receipt, You shall inspect the Equipment. Unless You give Cernium notice of defects within ten (10) days, it shall be conclusively presumed that You have fully inspected and acknowledged that the Equipment is in good condition and repair and is performing satisfactorily, and that You are satisfied with and have accepted such Equipment in such good condition and repair. You shall not make any alterations, modifications or attachments to the Equipment. Any modifications or adjustments made to the Equipment by You, or a third party, without Cernium's prior approval shall void the warranty provisions set forth below.

     

    Installation. Unless otherwise agreed by the parties in writing, You are solely responsible for the proper installation of the Equipment. You assume any and all liability arising from installation of the Equipment, including without limitation liability arising from personal injury to You and any third parties. You shall strictly abide by any Cernium installation procedures provided with the Equipment or otherwise provided to You by Cernium. Cernium reserves the right to update such procedures from time to time. Since installation of the Equipment is Your sole responsibility, however, You shall remain solely liable under this Section for any and all liability arising from installation of the Equipment, regardless of whether it follows Cernium's installation procedures. Cernium's obligation shall be limited to replacement or repair of any Equipment that is not performing in accordance with the documentation supplied with the Equipment, provided that the failure was not caused by You, as determined by Cernium in its sole discretion. You agree to abide by Cernium's current Equipment return policy, as specified to You by Cernium.

     

    Warranty

     

    Limited Warranty. Cernium warrants to you, that (A) the Equipment, excluding Embedded Software, will be materially free from defects in materials and workmanship under normal use, and (B) with respect to Embedded Software, (i) the media on which the Software is provided will be free from defects in material and workmanship under normal use, and (ii) the Embedded Software will perform materially as described in its documentation. This Limited Warranty to You, continues (A) for Embedded Software and the media upon which it is provided, for a period of thirty (30) days from the date of purchase from Cernium or an authorized Cernium reseller, and (B) for the Equipment (excluding Embedded Software), for a period of one (1) year from the date of purchase from Cernium or from an authorized Cernium reseller. This warranty is conditioned upon the proper installation and normal use by You in accordance with the documentation accompanying the Equipment and with other relevant documentation provided to You. Such warranty does not apply whatsoever to any nonconformance caused by modification, misuse, or any use by You not in compliance with all these terms. To take advantage of this Limited Warranty or to obtain technical support, you must call the Cernium phone number (below). Cernium's sole and exclusive obligation under this Limited Warranty for retail sales shall be to repair or replace any Equipment or Embedded Software that does not meet this Limited Warranty. All warranty claims must be made within the applicable Warranty Period.

     

     

    Disclaimers & Limitation of Liability

     

    Limitation of Liability. IN NO EVENT SHALL CERNIUM BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, WHETHER TORT, CONTRACT, OR STRICT LIABILITY. CERNIUM'S LIABILITY FOR ANY DAMAGES ASSERTED BY ANY PARTY SHALL IN NO EVENT EXCEED THE AMOUNTS PAID BY YOU FOR THE EQUIPMENT.

     

    Disclaimer. Because it is impossible for Cernium to know the purposes for which You acquired this Equipment or the uses to which You will put this Equipment, You will assume full responsibility for the selection of the Equipment and for its installation and use. While every reasonable effort has been made to insure that You will receive Equipment that You can use and enjoy, Cernium does not warrant that the functions of the Equipment will meet Your requirements or that the operation of the Equipment will be uninterrupted or error-free. CERNIUM IS NOT RESPONSIBLE FOR PROBLEMS OR DAMAGE CAUSED BY THE INTERACTION OF THE PRODUCT WITH ANY OTHER SOFTWARE OR HARDWARE. ALL WARRANTIES ARE VOID IF THE EQUIPMENT IS OPENED, ALTERED, AND/OR DAMAGED.

     

    EXCEPT AS OTHERWISE EXPRESSLY WARRANTED IN THIS AGREEMENT, THE EQUIPMENT, EMBEDDED SOFTWARE, AND ANY OTHER MATERIALS, SOFTWARE, DATA AND/OR SERVICES PROVIDED BY CERNIUM ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," AND CERNIUM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, NONINFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT.

     

    THIS PRODUCT IS INTENDED FOR USE ONLY TO FACILITATE MONITORING AND IS NOT INTENDED TO BE A SUBSTITUTE FOR A SECURITY SYSTEM. CERNIUM HEREBY DISCLAIMS ANY LIABILITY WHATSOEVER THAT MAY ARISE FROM THE USE OR INABILITY TO USE THIS PRODUCT AS A SECURITY SYSTEM. IN NO EVENT SHALL CERNIUM BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE EQUIPMENT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY, LOSS OF PROPERTY, BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY OTHER PECUNIARY LOSS), OR FROM ANY BREACH OF WARRANTY, EVEN IF CERNIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL CERNIUM'S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT.

     

    THIS EQUIPMENT MAY EMPLOY WIRELESS TECHNOLOGY AND, IN SOME CASES, MAY FACILITATE TRANSMISSION OF DATA OR VIDEO OVER THE INTERNET IN CONNECTION WITH ITS USE. YOU SHOULD UNDERSTAND THAT ALL WIRELESS TRANSMISSIONS MAY BE SUBJECT TO INTERCEPTION AND THAT DATA TRANSMISSIONS OVER THE INTERNET CANNOT BE GUARANTEED TO BE 100% SECURE. AS A RESULT, CERNIUM CANNOT ENSURE OR WARRANT THE SECURITY OF ANY VIDEO OR DATA TRANSMITTED BY OR THROUGH THIS EQUIPMENT, WHETHER OR NOT TRANSMITTED VIA THE INTERNET, AND YOU USE SUCH EQUIPMENT AT YOUR OWN RISK.

     

    Indemnity. You agree to indemnify, defend, and hold harmless Cernium from any suits, losses, claims, demands, liabilities, costs and expenses (including reasonable attorney fees) that Cernium may sustain or incur from Your use of the Equipment or from Your breach of any of Your obligations or any restrictions set forth in this Agreement.

     

    General Provisions

     

    These terms and conditions will be in effect as of the date You break the outer seal on the Equipment packaging. This Agreement will terminate immediately without notice if You materially breach any term or condition herein. Upon termination, all rights granted to You under this Agreement will immediately cease. These matters are governed by the laws of the Commonwealth of Virginia, without regard to conflict of laws principled and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. These terms and conditions represent the complete and exclusive statement of the agreement between Cernium and You, which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter hereof.

     

    For technical support or warranty service, please contact Cernium at 703.964.4443 or Support@myarcherfish.com.

     

    Registration

     

    Register your product at:

    http://portal.myarcherfish.com/Signup