|
|
 |
 |
 |
|
 |
| Support >BOScom License Agreement and Warranty |
|
 |
|
|
| |
|
| |
Important: Read Carefully |
| |
This BOScom License Agreement (the "AGREEMENT")
is a legal agreement between you (either an individual
or a single entity) and BOScom for the product accompanying
this AGREEMENT. The product includes computer software,
associated media and printed materials, and may include
"online" or electronic documentation (the "SOFTWARE").
The PRODUCT may also include hardware (the "HARDWARE").
The SOFTWARE and the HARDWARE are referred to, collectively,
as the PRODUCT.
BY INSTALLING AND/OR USING THE PRODUCT YOU AGREE TO
BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
DO NOT BREAK THE SEAL ON THE SOFTWARE PACKAGE. RETURN
THE SOFTWARE AND ANY ACCOMPANYING HARDWARE TO THE PLACE
FROM WHICH YOU OBTAINED IT.
NOTE: BREAKING THE SEAL CONSTITUTES ACCEPTANCE OF OUR
TERMS AND CONDITIONS.
|
| |
Copyright |
| |
All title and copyrights in and to the PRODUCT are owned by BOScom. The PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. |
| |
Grant of License for the Software |
| |
The SOFTWARE is licensed, not sold. BOScom grants to you a non-exclusive, non-transferable, royalty-free right to install and use the SOFTWARE, provided that the SOFTWARE will be used by a single person on a single computer and for personal non-commercial, internal use only. If accompanied by a proof-of-purchase document specifying "site license," "company license," or any other multiple-user type license scheme, then the terms of that document shall override this single-user restriction. Any rights not expressly granted herein are retained by BOScom. |
| |
Other Restrictions |
| |
This AGREEMENT is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent, lease, reverse engineer, decompile, modify, or disassemble the PRODUCT, or create derivative works based on the PRODUCT. |
| |
Limited Hardware Warranty |
| |
The HARDWARE is protected against defects in material and workmanship, under normal use, for one (1) year from the original purchase date. [Three (3) years in the case of the thin client product line.]
If the HARDWARE fails to perform within the abovementioned warranty period, you must return the PRODUCT to BOScom and prepay any shipping charges, export taxes, custom duties and taxes, or any charges associated with transportation of the Product. In addition, you are responsible for insuring the PRODUCT shipped or returned and assume the risk of loss during shipment.
All returned PRODUCTS must be accompanied by a description of the problem, a proof of the place and date of purchase, and the original shipping and packing materials.
BOScom shall, at its sole discretion, either repair the PRODUCT or replace it with a product of the same functionally. Replacement products may be refurbished or contain refurbished materials. If BOScom cannot repair or replace the PRODUCT, BOScom will refund the depreciated purchase price of the PRODUCT.
This limited warranty does not apply to any PRODUCT not purchased from BOScom, or from a BOScom authorized reseller, or on which the serial number has been removed or defaced. This limited warranty also does not cover any PRODUCT that has been damaged or rendered defective as a result of (a) improper transportation or packing when returning the PRODUCT to BOScom; (b) use of the PRODUCT other than in accordance with its instructions, or other misuse or abuse of the PRODUCT; (c) modification of the PRODUCT; (d) service by anyone other than a BOScom-approved agent; (e) unusual physical or electrical stress or interference, failure or fluctuation of electrical power, lightning, static electricity, improper temperature or humidity, fire, or acts of God.
The maximum liability of BOScom under this limited warranty is limited to the purchase price of the PRODUCT covered by the warranty.
BOScom reserves the right to refuse PRODUCTS (i) that are not covered by the warranty; or (ii) for which there is no problem found. Such PRODUCTS shall be returned to the purchaser at purchaser's expense. |
| |
Disclaimer |
| |
EXCEPT AS EXPRESSLY STATED ABOVE OR AS REQUIRED BY LAW, BOSCOM DISCLAIMS ANY WARRANTY FOR THE PRODUCT. THE PRODUCT IS PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BOSCOM ASSUMES NO RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT. |
| |
No Liability for Consequential Damages |
| |
IN NO EVENT SHALL BOSCOM, ITS AGENTS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES; DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF BOSCOM HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. |
| |
U.S. Government Restricted Rights |
| |
For purchases made in the United States: The SOFTWARE and any accompanying documentation are provided with restricted rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (b) (3) and (c) (1) (ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. |
| |
Amendments |
| |
BOScom may amend these terms and conditions at any time by posting a notice on one or more of its websites. Your continued use of the PRODUCT shall constitute your acceptance of such amended terms. Accordingly, we urge you to visit our websites periodically to review the current and effective terms and conditions for use of our products. Certain provisions of these terms and conditions may be superceded by expressly designated legal notices or terms outlined on our websites. |
| |
Governing Law |
| |
This AGREEMENT and any and all claims relating to the PRODUCT shall be governed by the laws of the State of Israel, without regard to or application of choice of law or principles, and the courts of Tel-Aviv Jaffa shall have sole and exclusive jurisdiction over any dispute arising in connection with this Agreement and/or the use of the PRODUCT. |
| |
No Waiver |
| |
No delay or failure to take action under these terms and conditions will constitute a waiver by BOScom unless expressly waived in writing by a duly authorized officer of BOScom.
|
| |
|
| |
|
| |
|
|
|
 |
|
