Our Warranty
Limited Warranty: ITC warrants that all its manufactured products are free of defects of workmanship and material, unless otherwise specified, for a period of one year from the date of delivery to the purchaser. Batteries and other power storage devices have no warranty. ITC’s obligation under this warranty is limited to repairing or replacing defective products, at its option. This warranty does not apply to any item that has been subjected to misuse, modification, neglect, accidents of nature, or shipping and handling damage. This warranty is expressly in lieu of all other warranties expressed or otherwise whether of fitness for any particular use or merchantability in all other obligations and liabilities of any kind or character. There are no warranties that extend beyond this description.
Limited Liability: In no event shall ITC be liable for consequential or special damages for the use, installation, adjustment, interpretation, or other expenses which may be attributed to or in connection with the purchase, rent, transportation, or use of the products.
SOFTWARE LICENSE
This legal document is an agreement between you, the end user, and Icefield Tools Corporation, referred to herein as “ITC”. BY USING THIS SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE, WARRANTY DISCLAIMER, and ACKNOWLEDGEMENT. THIS AGREEMENT SHALL ALSO BE BINDING ON ANY SUBSEQUENT AUTHORIZED LICENSEE.
In order to preserve and protect its rights under applicable laws, ITC does not sell any rights in this software. Rather, ITC grants the right to use this inclinometer processing software, herein referred to as SOFTWARE, by means of a SOFTWARE LICENSE. THE SOFTWARE IS A PROPRIETARY PRODUCT OF ITC AND IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL TREATY. ITC specifically retains title to the SOFTWARE.
ITC SOFTWARE LICENSE
- GRANT OF LICENSE. In consideration of payment of the License fee, which is part of the price you paid for this product, and your agreement to abide by the terms and conditions of this License and the Warranty Disclaimer, ITC, as LICENSOR, grants to you, the LICENSEE, a non-exclusive transferable right to use the software. Since the software is only useful when used in conjunction with ITC inclinometers, or with data files produced by ITC inclinometers, we place no restrictions on the number of software installations.
- OWNERSHIP OF SOFTWARE. As the LICENSEE, you own the magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded or fixed, but an express condition of this License is that ITC retains title and ownership of the SOFTWARE, regardless of the form or media in or on which the original and other copies may exist. This License is not a sale of the original SOFTWARE or any copy.
- COPY RESTRICTIONS. This SOFTWARE and the accompanying written materials are copyrighted. Unauthorized copying of the SOFTWARE, including SOFTWARE which has been modified, merged, or included with other software, or of the written materials is expressly forbidden. You may be held legally responsible for any copyright infringement which is caused or encouraged by your failure to abide by the terms of this License. Subject to the restrictions above, you may make copies of SOFTWARE solely for backup purposes provided you reproduce and include the copyright notice on all backup copies.
- USE RESTRICTIONS. As the LICENSEE, you may transfer the SOFTWARE from one computer to another provided that the SOFTWARE is used on only one computer at a time. You may not distribute copies of the SOFTWARE or accompanying written materials to others. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE. You may not modify, adapt, translate, or create derivative works based on the written materials without the prior written consent of ITC.
- TRANSFER RESTRICTIONS. This SOFTWARE is licensed only to you, the LICENSEE, and may not be transferred to anyone without the prior written consent of ITC. In the absence of such written consent, you may not transfer, assign, rent, lease, sell, or otherwise dispose of the SOFTWARE on a temporary or permanent basis. Any authorized transferee of the SOFTWARE shall be bound by the terms and conditions of this License and Warranty Disclaimer.
- TERMINATION. This License is effective until terminated. This License will terminate automatically without notice from ITC if you fail to comply with any provision of this License. Upon termination you shall destroy the written materials and all copies of the SOFTWARE, including modified copies, if any.
- EXPIRATION. This License is of limited duration if the SOFTWARE was obtained under the terms of a lease agreement. Upon termination of the lease agreement, this License will expire and you shall return to the leaser the written materials and all copies of the SOFTWARE, including modified copies, if any.
- UPDATE POLICY. ITC may release, from time to time, updated versions of the SOFTWARE. ITC will make such updates available to LICENSEE and authorized transferees at a cost to be determined at the time of the update.
- GENERAL. This License is governed by the laws of the Yukon Territory and shall benefit Icefield Tools Corporation, its successors, executors, and assigns. LICENSEE consents to jurisdiction in the provincial and federal courts located in the Yukon Territory.
DISCLAIMER OF WARRANTY - SOFTWARE
"THIS SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED ``AS IS'' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, ITC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. YOU ARE ADVISED TO TEST THE SOFTWARE THOROUGHLY BEFORE RELYING ON IT. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE YOU AND NOT ITC OR ITS DEALERS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COSTS OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ANY LIABILITY OF ITC WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT.
"NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ITC, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
"NEITHER ITC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF SAVINGS, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF ITC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACKNOWLEDGEMENT - SOFTWARE
IN USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE LICENSE AND WARRANTY DISCLAIMER, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LICENSE AND WARRANTY DISCLAIMER ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LICENCE OR THE WARRANTY DISCLAIMER.
