1. Limited Warranty

1.1          Product

D-BOX Technologies Inc. (“D-BOX”) warrants that commencing from the date of shipment to Customer and continuing for the longer of (a) twelve (12) months or (b) the period set forth in the Warranty Card accompanying the D-BOX Controller, Actuators and any other accessories (collectively the “Product”) will be free from defects in material and workmanship under normal use. The date of shipment of a Product by D-BOX is set forth on the packaging material in which the Product is shipped. This limited warranty extends only to the original purchaser of the Product. Customer’s sole and exclusive remedy and the entire liability of D-BOX and its suppliers under this limited warranty will be, at D-BOX’s or its service center’s option, shipment of a replacement within the warranty period and according to the replacement process described in the Warranty Card or a refund of the purchase price if the Product is returned to the party supplying it to Customer, freight and insurance prepaid. D-BOX replacement parts used in Product replacement may be new or equivalent to new. D-BOX’s obligations hereunder are conditioned upon the return of affected Product in accordance with D-BOX or its service center then-current Return Material Authorization (RMA) procedures.

1.2          Software

A “Software” is a software made available to customer and comprised in a Product. D-BOX warrants that commencing from the date of shipment to Customer and continuing for the longer of (a) twelve (12) months or (b) the software warranty period (if any) set forth in the Warranty Card accompanying the Product (if any): (a) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (b) the Software substantially conforms to its published specifications. The date of shipment of a Product by D-BOX is set forth on the packaging material in which the Product is shipped. Except for the foregoing, the Software is provided “AS IS”. This limited warranty extends only to the Customer who is the original licensee. Customer’s sole and exclusive remedy and the entire liability of D-BOX and its suppliers and licensors under this limited warranty will be, at D-BOX’s option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to D-BOX or the party supplying the Software to Customer. In no event does D-BOX warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, D-BOX does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.

1.3          Restrictions

This warranty does not apply if the Software, Product or any other equipment upon which the Software is authorized to be used (a) has been altered, except by D-BOX or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by D-BOX, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is licensed, for beta, evaluation, testing or demonstration purposes for which D-BOX does not charge a purchase price or license fee.

2. Disclaimer of Warranty

Except as specified in this warranty, all express or implied conditions, representations, and warranties including, without limitation, any implied warranty or condition of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality, non-interference, accuracy of informational content, or arising from a course of dealing, law, usage, or trade practice, are hereby excluded to the extent allowed by applicable law and are expressly disclaimed by D-BOX, its suppliers and licensors. To the extent an implied warranty cannot be excluded, such warranty is limited in duration to the express warranty period. Because some provinces, states or jurisdictions do not allow limitations on the duration of implied warranties, the above limitation may not apply. This warranty gives Customer specific legal rights, and Customer may also have other rights which vary from jurisdiction to jurisdiction. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

3. End User License Agreement

Important: Please read this End User License Agreement (the “Agreement”) carefully. Downloading, installing or using D-BOX or D-BOX-supplied software constitutes deemed acceptance of this Agreement.

D-BOX grants you a license to use the software to you subject to your acceptance all of the terms contained in this Agreement. By downloading or installing the software, or using the Product that contains this Software, you agree to be bound by this Agreement. If you do not agree to all of the terms of this Agreement, then D-BOX does not grant you a license to use the Software and (a) do not download, install or use the Software, and (b) you may return the Software for a full refund. Your right to return and refund expires 30 days after purchase from D-BOX or an authorized D-BOX reseller, and applies only if you are the original purchaser.

The following terms of this Agreement govern Customer’s access and use of the Software, except to the extent (a) there is a separate signed agreement between Customer and D-BOX governing Customer’s use of the Software or (b) the Software includes a separate “click-accept” license agreement as part of the installation and/or download process. To the extent of a conflict between the provisions of the foregoing documents, the order of precedence shall be (1) the signed agreement, (2)  the click-accept agreement, and (3) this Agreement.

3.1          License

Conditioned upon compliance with the terms and conditions of this Agreement, D-BOX Technologies Inc. or its subsidiary licensing the Software (“D-BOX”), grants to Customer a nonexclusive and nontransferable license to use for Customer’s personal use the Software and the Documentation for which Customer has paid the required license fees. “Documentation” means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) specifically pertaining to the Software and made available by D-BOX with the Software in any manner (including on CD-Rom, or on-line).

Unless otherwise expressly provided in the Documentation, Customer shall use the Software solely as embedded in, for execution on, the Product and for Customer’s personal use only.

3.2          General Limitations

This is a license, not a transfer of title, to the Software and Documentation, and D-BOX retains ownership of all copies of the Software and Documentation. Customer acknowledges that the Software and Documentation contain trade secrets of D-BOX, its suppliers or licensors, including but not limited to the specific internal design and structure of individual programs and associated interface information. Accordingly, except as otherwise expressly provided under this Agreement, Customer shall have no right, and Customer specifically agrees not to:

1. a)            transfer, assign or sublicense its license rights to any other person or entity, or use the Software on unauthorized or secondhand D-BOX equipment, and Customer acknowledges that any attempted transfer, assignment, sublicense or use shall be null and void;
2. b)            make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or permit third parties to do the same;
3. c)             reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction; or
4. d)            disclose, provide, or otherwise make available trade secrets contained within the Software and Product in any form to any third party without the prior written consent of D-BOX.

Customer shall observe strict obligations of confidentiality with respect to such information and shall use such information in compliance with any applicable terms and conditions upon which D-BOX makes such information available.

3.3          Software, Upgrades and Additional Copies

For purposes of this Agreement, “Software” shall include (and the terms and conditions of this Agreement shall apply to) computer programs, including firmware, as provided to Customer by D-BOX or an authorized D-BOX reseller, and any upgrades, updates, bug fixes or modified versions thereto (collectively, “Upgrades”) or backup copies of the Software licensed or provided to Customer by D-BOX or an authorized D-BOX reseller.

Notwithstanding any other provision of this agreement: (1) Customer has no license or right to use any additional copies or upgrades unless Customer, at the time of acquiring such copy or upgrade, already holds a valid license to the original software and has paid the applicable fee for the upgrade or additional copies; (2) use of Upgrades is limited to D-BOX equipment for which Customer is the original end user purchaser or lessee or who otherwise holds a valid license to use the Software which is being upgraded; and (3) the making and use of additional copies is limited to necessary backup purposes only.

3.4          Proprietary Notices

Customer agrees to maintain all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates of any Software without the prior written permission of D-BOX.

3.5          Term and Termination

This Agreement and the license granted herein shall remain effective until terminated. Customer may terminate this Agreement and the license at any time by destroying all copies of Software and any Documentation. Customer’s rights under this Agreement will terminate immediately without notice from D-BOX if Customer fails to comply with any provision of this Agreement. Upon termination, Customer shall destroy all copies of Software and Documentation in its possession or control. All confidentiality obligations of Customer and all limitations of liability and disclaimers and restrictions of warranty shall survive termination of this Agreement. In addition, the provisions of the section entitled “General Terms Applicable to the Limited Warranty Statement and End User License” shall survive termination of this Agreement.

3.6          Export

Software and Documentation, including technical data, may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software and Documentation.

4. General Terms Applicable to the Limited Warranty Statement and End User License

4.1          Disclaimer of Liabilities

Regardless whether any remedy set forth herein fails of its essential purpose or otherwise, in no event will D-BOX or its suppliers be liable for any lost revenue, profit, or lost or damaged data, business interruption, loss of capital, or for special, indirect, consequential, incidental, or punitive damages however caused and regardless of the theory of liability or whether arising out of the use of or inability to use Software or otherwise and even if D-BOX or its suppliers or licensors have been advised of the possibility of such damages. In no event shall D-BOX’s or its suppliers’ or licensors’ liability to Customer, whether in contract, tort (including negligence), breach of warranty, or otherwise, exceed the price paid by Customer for the Software that gave rise to the claim or if the Software is part of another product, the price paid for such other product. Because some states or jurisdictions do not allow limitation or exclusion of consequential or incidental damages, the above limitation may not apply to you.

Customer agrees that the limitations of liability and disclaimers set forth herein will apply regardless of whether Customer has accepted the Software or any other product or service delivered by D-BOX. Customer acknowledges and agrees that D-BOX has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.

The Warranty and the End User License shall be governed by and construed in accordance with the laws of the Province of Quebec, without reference to or application of choice of law rules or principles. The United Nations Convention on the International Sale of Goods shall not apply. If any portion hereof is found to be void or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect. Except as expressly provided herein, this Agreement constitutes the entire agreement between the parties with respect to the license of the Software and Documentation and supersedes any conflicting or additional terms contained in any purchase order or elsewhere, all of which terms are excluded. This Agreement has been written in the English language, and the parties agree that the English version will prevail.

Customer agrees to submit to the jurisdiction of the courts of the Province of Quebec and further agrees to commence any litigation which may arise in the courts located in the Judicial District of Montreal, Province of Quebec, Canada.

5. United States Federal Communications Commission Notice

The following information is for FCC compliance of Class B devices: The equipment described in this manual generates and may radiate radio-frequency energy. If it is not installed in accordance with D-BOX’s installation instructions, it may cause interference with radio and television reception. This equipment has been tested and found to comply with the limits for a Class B digital device in accordance with the specifications in part 15 of the FCC rules. These specifications are designed to provide reasonable protection against such interference in a residential installation. However, there is no guarantee that interference will not occur in a particular installation.

You can determine whether your equipment is causing interference by turning it off. If the interference stops, it was probably caused by the D-BOX equipment or one of its peripheral devices. If the equipment causes interference to radio or television reception, try to correct the interference by using one or more of the following measures:

• Turn the television or radio antenna until the interference stops.
• Move the equipment to one side or the other of the television or radio.
• Move the equipment farther away from the television or radio.
• Plug the equipment into an outlet that is on a different circuit from the television or radio. (That is, make certain the equipment and the television or radio are on circuits controlled by different circuit breakers or fuses.)

Modifications to this product not authorized by D-BOX could void the FCC approval and negate your authority to operate the product. 

6. Trademark Notice

Copyright © 2005 D-BOX Technologies Inc. All rights reserved. D-BOX is a registered trademark of D-BOX Technologies Inc. and/or its affiliates in Canada and certain other countries.

All other trademarks mentioned in this document or Website are the property of their respective owners. The use of the word partner does not imply a partnership relationship between D-BOX and any other person.