Limited Products Warranty
18.
ComsecTR Limited Products Warranty
18.1.
Our Standard Limited Warranty Period
ComsecTR warrants that Total Recall (the “Products”)
conforms in all material respects to the end user documentation provided
with the Products, and that the hardware components of the Products will
be free from defects in materials and workmanship for a period of 13
months after the system has been shipped from the ComsecTR manufacturing
facility.
18.2. Exception for Sales Arising From
Stock-Carrying
Distributors/Dealers
On average, Total Recall systems
are installed within 1 month of being shipped from the factory, providing
end users with a minimum of 12 months warranty coverage. However, as some
ComsecTR resellers carry stock this may not always be the case.
In situations where a Total
Recall system has been purchased from a stock-carrying Reseller or
Distributor, ComsecTR warrants that Total Recall (the “Products”) conforms
in all material respects to the end user documentation provided with the
Products, and that the hardware components of the Products will be free
from defects in materials and workmanship for a period of 12 months
after the system has been shipped from the stock-carrying Reseller or
Distributor.
Please confirm your applicable
limited warranty period with the company from which you purchased the
Total Recall system. ComsecTR will assume that the period set out in
section 18.1. of this limited product warranty applies unless
demonstrated otherwise.
18.3. Limitations of This Warranty
This limited warranty does not
cover the results of accidents (including unusual physical or electrical
stress), abuse, neglect, vandalism, acts of God, usage contrary to
handling or operating instructions supplied by ComsecTR or repair or
modification by anyone other than ComsecTR or an expressly authorized
Total Recall service agent.
18.4. Handling of Faulty Parts
Please note that any faulty
components replaced under the terms of this product warranty must be kept
by the authorized servicing agent for verification, up to a maximum period
of 12 months. If the servicing agent is unable to provide the faulty parts
for which warranty replacements have been provided, then the servicing
agent will be required to pay to ComsecTR the value of the replacement
parts, as determined by ComsecTR.
18.5. ComsecTR Record Keeping
Please note that all Total
Recall serial numbers, and the serial numbers of internal components will
be logged by ComsecTR, effective the date of shipment. The serial numbers
of any replacement parts will also be logged by ComsecTR.
19.
Warranty Claims and Procedure
If there is reason to believe
that Products do not conform to the warranty set forth in Section 18.1.,
the affected party should notify the company from which the Product was
purchased
in writing of such non-conformance, no later than ten (10) days after the
end of the Warranty Period for those Products, and shall provide the
following details:
1.
The serial number of the affected unit(s), and;
2.
Details of the non-conformance, with as much specific detail as
possible.
Additional details of the
non-conformance may be required as the authorized service agent or
ComsecTR reasonably requests.
19.2.
What Procedure Will Be Followed?
The company that you purchased
the system from will, if authorized, provide the required service and/or
organize the required replacement parts. If not authorized to provide this
service, the company that you purchased the system from will elevate your
service request to an authorized service agent. The authorized service
agent may elect to further elevate the problem to ComsecTR if required.
This will occur in accordance with ComsecTR’s standard procedures.
The user will be required to pay
for the freight to an authorized servicing agent or ComsecTR if the
Products need to be returned for servicing. The authorized servicing agent
or ComsecTR will pay for the freight back to the customer if the goods are
deemed to fail to conform to this warranty.
19.3.
What Services Will Be Performed?
If Products are deemed to
fail to conform to this warranty by an authorized servicing agent or
ComsecTR, the sole remedy shall be, at the authorized servicing agent’s or
ComsecTR’s option and expense:
1.
The repair or replacement of the faulty component(s), and;
2.
Return of the Products within fourteen (14) days after the
authorized servicing agent receives the non-conforming Total Recall
system. If the system needs to be returned to ComsecTR, an additional
period of 14 days from the receipt of the unit at ComsecTR will be
applicable.
Please Note: If ComsecTR or
the Authorized Servicing Agent determines that returned Products do
conform to this warranty, then the Products will be returned at the
requesting party’s expense and risk.
19.4.
Important Notice: Sole & Exclusive Remedy
NOTWITHSTANDING ANYTHING IN THIS
AGREEMENT TO THE CONTRARY, THE FOREGOING IS THE SOLE AND EXCLUSIVE REMEDY
FOR BREACH OF WARRANTY BY COMSEC TR WITH RESPECT TO THE PRODUCTS.
19.5. Disclaimer
of Warranties
19.5.1. Important Notice: Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTY
FOR THE PRODUCTS CONTAINED IN SECTION 18.1, COMSEC TR AND ITS SUPPLIERS
AND SERVICING AGENTS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PRODUCTS,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING AS TO PERFORMANCE,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE.
Legal
The
Total Recall
requires Linux kernel and modules to operate. These
come from the CentOS distribution and may be covered by the GNU General
Public License (GPL) which is enclosed here for your review (as obtained
from
http://www.gnu.org/copyleft/gpl.html).
All
Total Recall
software is distributed under the ComsecTR Software License.
20.
ComsecTR Software License
End-User License Agreement for
ComsecTR Software.
IMPORTANT
- READ CAREFULLY:
This ComsecTR Software License
Agreement (“CSLA”) is a legal agreement between you (either an individual
or a single entity) and ComsecTR Pty Ltd for the ComsecTR software product
identified above, which includes computer software and associated media
and printed materials, and may include “online” or electronic
documentation (“SOFTWARE PRODUCT” or “SOFTWARE”). By installing, copying,
or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the
terms of this CSLA. If you do not agree to the terms of this CSLA,
promptly return the unused SOFTWARE PRODUCT to the place from which you
obtained it.
SOFTWARE PRODUCT LICENCE
The SOFTWARE PRODUCT is
protected by copyright laws and international copyright treaties, as well
as other intellectual property laws and treaties. The SOFTWARE PRODUCT is
licensed, not sold.
GRANT OF LICENCE
This CSLA grants you the
following rights:
The software and hardware
described in this document are furnished under a license agreement and may
be used only in accordance with the terms of the agreement. The software
that accompanies all ComsecTR products is the property of ComsecTR Pty Ltd
(ABN 40 051 658 569), and is protected by copyright law. While ComsecTR
continues to own the software, you will have certain limited rights to use
the software after your acceptance of this license. Except as may be
modified by a license addendum which accompanies this license, your rights
and obligations with respect to the use of this software are as follows:
DESCRIPTION OF OTHER RIGHTS
AND LIMITATIONS
Limitations on Reverse
Engineering, Decompilation, and Disassembly: You may not reverse engineer,
decompile, or disassemble the SOFTWARE PRODUCT, except and only to the
extent that such activity is expressly permitted by applicable law not
withstanding this limitation.
Termination: Without prejudice
to any other rights, ComsecTR may terminate this CSLA if you fail to
comply with the terms and conditions of this CSLA. In such event, you must
destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
UPGRADES
If the SOFTWARE PRODUCT is an
upgrade of a ComsecTR product, you now may use that upgraded product only
in accordance with this CSLA.
COPYRIGHT
All titles and copyrights in and
to the SOFTWARE PRODUCT (including but not limited to any images,
photographs, animations, video, audio, music, text, and “applets,”
incorporated into the SOFTWARE PRODUCT), the accompanying printed
materials, and any copies of the SOFTWARE PRODUCT, are owned by ComsecTR
or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and
international treaty provisions.
NO LIABILITY FOR
CONSEQUENTIAL DAMAGES
To the maximum extent permitted
by applicable law, in no event shall ComsecTR or its suppliers be liable
for any special, incidental, indirect, or consequential damages whatsoever
(including, without limitation, damages for loss of business profits,
business interruption, loss of business information, or any other
pecuniary loss) arising out of the use of or inability to use the software
product, even if ComsecTR has been advised of the possibility of such
damages.
MISCELLANEOUS
The developer, ComsecTR Pty Ltd
has adopted a policy to continue the development of Total Recall,
Remote Manager and Record on Demand and therefore there may be
variations between the documentation and the operating system at any one
time.
Should you have any questions
concerning this CSLA, or if you desire to contact ComsecTR for any reason,
please contact the ComsecTR reseller serving your country, or write to:
ComsecTR Pty Ltd
PO Box
572
Milsons Point, NSW 1565
Australia
If
the product(s) were purchased from ComsecTR directly, then ComsecTR would
be the first point of contact. However, if the product(s) were purchased
via an intermediary company, then your first point of contact would be
that intermediary company.
21.
GNU Public License
GNU GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright (C) 2007 Free
Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy
and distribute verbatim copies of this license document, but changing it
is not allowed.
Preamble
The GNU General Public License
is a free, copyleft license for software and other kinds of works.
The licenses for most software
and other practical works are designed to take away your freedom to share
and change the works. By contrast, the GNU General Public License is
intended to guarantee your freedom to share and change all versions of a
program--to make sure it remains free software for all its users. We, the
Free Software Foundation, use the GNU General Public License for most of
our software; it applies also to any other work released this way by its
authors. You can apply it to your programs, too.
When we speak of free
software, we are referring to freedom, not price. Our General Public
Licenses are designed to make sure that you have the freedom to distribute
copies of free software (and charge for them if you wish), that you
receive source code or can get it if you want it, that you can change the
software or use pieces of it in new free programs, and that you know you
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To protect your rights, we
need to prevent others from denying you these rights or asking you to
surrender the rights. Therefore, you have certain responsibilities if you
distribute copies of the software, or if you modify it: responsibilities
to respect the freedom of others.
For example, if you distribute
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the recipients the same freedoms that you received. You must make sure
that they, too, receive or can get the source code. And you must show them
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Developers that use the GNU
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For the developers' and
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Some devices are designed to
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Finally, every program is
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program non-free.
The precise terms and
conditions for copying, distribution and modification follow.
TERMS
AND CONDITIONS
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Nothing in this License shall
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THERE IS NO WARRANTY FOR THE
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If the disclaimer of warranty
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END OF TERMS AND CONDITIONS