This Product Warranty and Software License Agreement (Agreement) governs the use of the Unity Engine API and branded sensor devices (Device, such as the KST3300) that are distributed by KS Technologies, Inc. (KST). Branded sensor devices include any KST product containing a KST1020 Unity V8 Engine or KST1120 Unity V4 Engine pre-certified module.
1. License. Subject to the terms and conditions set out in this Agreement, KST grants to you a limited, non-exclusive, license to use related Mobile Applications and the documentation that may be provided with the Application or the Device. You do not own the Application, the Firmware, or the API. You are only licensing it from KST. KST may make updates to the Application, Firmware, or API available to you. Those updates may contain different features and functionality than the current version of the Application, Firmware, or API. This Agreement will govern the use of any updates unless a new license is provided with the update. You will be notified of firmware updates and provided with a mechanism for making the update. Updating firmware after the time of purchase is solely your responsibility.
2. Restrictions on Use of Application and Device. You will not copy, distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lend, sell, redistribute or license the Application. You will not: (i) reverse engineer, decompile or disassemble any part of the Application or Device or otherwise attempt to derive the source code, underlying ideas, algorithms or file formats of the Application or Device; or (ii) distribute, sell or otherwise transfer any part of the Application. KST owns and will continue to own all rights, title and interest to the Application. You will notify KST immediately of any unauthorized possession or use of the Application. You may not modify the Application or Firmware without KST’s prior written consent, and no modifications will reduce or change KST’s ownership of the Application.
3. Limited Warranties and Limitations of Liability.
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Device Limited Warranty. KST warrants that all new Devices sold by KST will perform according to the specifications contained in the KST3300 Device Specification for a period of one (1) year following purchase. KST's sole obligation under this warranty will be to provide parts and labor required to cause the Device to meet the warranty. KST may, in its sole discretion, replace the Device instead of making repairs. KST will pay all shipping costs relating to warranty service unless a warranty return is not deemed valid. You must supply proof of purchase when requesting warranty service, replacement or repairs. You may not return the Device or part of the Device without first obtaining a return material authorization number (RMA). You may request non-warranty service. All repairs, replacements, service, and shipping not specifically included in this warranty will be made at your sole expense.
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Limitations Specific to Device Limited Warranty. This warranty extends only to the customer to whom the Device was originally sold; resellers that receive warranty returns from their end clients do not qualify for any sort of extended warranty period.
The warranty does not cover damage or equipment failure caused by:
1. failure to maintain the Device as required by the Device Specification;
2. unauthorized service;
3. misuse, accident, or negligence of anyone other than KST;
4. rust or corrosion as a result of the Device’s location;
5. unauthorized alterations or modifications
6. using the Device beyond the conditions set forth in the Device Specification
7. Protective coatings designed to diminish over time (if any);
8. Batteries
9. Cosmetic damage (such as scratches, dents and broken plastic unless failure has occurred due to a defect in materials or workmanship)
10. Damage caused by a third party component or product that does not meet KST specifications
11. Damages caused by abuse, fire, liquid contact, earthquake or other external cause
12. Normal wear and tear
13. If KST receives information from authorities that the product has been stolen and you cannot prove that you are the authorized user
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No Warranty on Application. KST makes no warranty about the Application.
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Other Limitations on Warranty and Liability.
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The express warranties provided in this Agreement constitute KST’s entire obligation to you and are in lieu of any other warranties, which are disclaimed to the maximum extent permitted by applicable law. The Application and, except for the limited warranties provided above, the Device are provided "as is", with all faults and without warranty of any kind. KST does not warrant that your use of the Application or Device will be uninterrupted or error-free. KST disclaims all other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event will KST be liable for any indirect, special, incidental, punitive, or consequential damages, including, but not limited to, loss of profits and/or loss of business, arising out of or resulting from use of the Application or the Device or its failure to meet the terms of this warranty, even if KST has been advised of the possibility of such damages.
The total purchase price paid by you will be an absolute cap on the amount of damages for which KST will be liable under any and all circumstances and any and all theories of law, claims or actions.
You may have other rights, which vary from state and jurisdiction.
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EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, KST IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PRODUCTS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF OR DAMAGE TO DATA, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA.
D. Making a Claim. Following is the process outline for making a warranty claim.
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Send an email to info@kstechnologies.com. Be sure to include the KST part number, original purchase order number, and total quantity that you wish to return. Also, please include each serial number for each device and the reason for the claim by serial number. Do not return materials to KST until an RMA number has been issued to you. Please allow up to 48-hours for a response.
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KST will respond with a Return Material Authorization (RMA) number and advise on next steps. In some cases, we may request a phone call to gather more information. In other cases, we may simply send you a shipper for returning the materials.
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KST will investigate the root cause of the warranty return upon receipt. We will then offer to refund, repair, or replace the device upon our discretion.
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KST will respond with a report, by KST part number and serial number, on a proposed disposition. In some cases, we may request a phone call to review our results with you. In other cases, we may simply ship the repaired or replaced device to you after contacting you.
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KST will officially close out the RMA number.
4. Termination. KST may terminate your license to the Application at any time if you fail to
follow the terms of this Agreement.
5. Miscellaneous.
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Complete Agreement and Amendments. This Agreement is the entire Agreement between KST and you relating to the topics covered in this Agreement. No amendments, modifications or supplements to this Agreement will be binding unless in writing and signed by an executive officer of KST. No one is authorized to change, extend or enlarge the warranties contained in this Agreement. No one is authorized to reduce or suspend the restrictions on the limitations on the warranties or KST's liability.
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Choice of Law, Jurisdiction, and Venue. This Agreement will be construed pursuant to the laws of the State of Colorado, without regard to conflicts of laws provisions thereof. The state courts for El Paso County, Colorado will have exclusive jurisdiction and venue over any dispute arising under or concerning this Agreement. You grant those courts personal jurisdiction over you for any litigation relating to this Agreement.
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Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be eliminated or limited to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable in accordance with the parties’ original intent.
