THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS REGARDING THE ACCOMPANYING STRATOSCIENTIFIC, INC. HARDWARE,, INCLUDING EMBEDDED SOFTWARE, AND/OR SOFTWARE (COLLECTIVELY, THE “PRODUCT”). YOUR USE OF THE PRODUCT WILL IRREVOCABLY INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS (THE “AGREEMENT”). IF YOU DO NOT AGREE TO THIS AGREEMENT, PROMPTLY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A REFUND. ALL RETURNED PRODUCTS MUST BE IN NEW CONDITION, IN THE ORIGINAL PACKAGING. StratoScientific provides only the original purchaser (“Purchaser”) of the product with the following License and Limited Warranty:
License. The firmware (software embedded in and provided with the product) and any other accompanying software (collectively, the “Software”) is licensed to Purchaser, not sold. Purchaser is granted a non-transferable, non-exclusive license to use the Software solely in connection with Purchaser’s use of the Product. Purchaser understands and agrees that it is not permitted to distribute the Software in any form, or to use the Software firmware except as it is embedded in the non-volatile memory component(s) of the Product or provided with the Product for use exclusively in the operation and use of the Product. Purchaser shall not (i) attempt to reverse engineer, de-compile, or disassemble the Product, except to the extent permitted by applicable law; (ii) copy, alter, or modify the Product; (iii) sublicense, rent, timeshare, loan, lease or otherwise transfer the Software (except in connection with the permanent transfer of the Product to a third party who agrees to be bound by this Agreement); (iv) use the Product except as specifically authorized in the accompanying documentation; and (v) remove any proprietary notices (e.g., copyright and trademark notices) from the Product. Purchaser will maintain the Software and associated documentation in strict confidence and will not disclose them or make them available to any unauthorized third parties. All Software is licensed, not sold. Except for the limited license granted above, StratoScientific retains all right, title, and interest in and to the Software.
Product Support. Product support information is available through StratoScientific’s web site.
Healthcare Warning: Neither StratoScientific nor the Product provide medical advice or diagnosis. Use of the Product or any associated online services does not create a physician-patient relationship between StratoScientific and Purchaser. Purchaser is solely responsible for Purchaser’s decision to obtain treatment from a medical professional. If Purchaser has an emergent or urgent condition, Purchaser should immediately contact a physician or a local emergency room. Purchaser and Purchaser’s physician are solely responsible for determining the appropriateness and validity of the information provided through the Product. A purchaser should consult a physician with regard to all diagnoses and treatments. The Product is not intended for the diagnosis of any medical condition. In particular, self-diagnosis and treatment using measured results may be dangerous. IF PURCHASER IS A MEDICAL PRACTITIONER (E.G. PHYSICIAN OR NURSE PRACTITIONER), USE OF THE PRODUCT, SOFTWARE OR ANY ASSOCIATED ONLINE SERVICES IS NOT AND SHOULD NOT BE USED AS A SUBSTITUTE FOR THE PRACTITIONER’S OWN PROFESSIONAL JUDGMENT AND/OR DIAGNOSIS.
Limited Warranty; Disclaimer. StratoScientific warrants to Purchaser that the Product will operate in material accordance with its accompanying documentation for a period of thirty (30) days from the date the Product was first purchased (“Warranty Period”). During the Warranty Period and upon proof of purchase of the Product by Purchaser, StratoScientific, at its option, will either repair or replace the Product without charge for either parts or labor. Returns of Products for warranty repairs or replacement require an RMA, as defined below. If the Product is repaired or replaced during the Warranty Period, the Warranty Period will still expire thirty (30) days from the date of original purchase of the Product.
This Limited Warranty does not apply to normal wear and tear and does not cover repair or replacement of any Product damaged by misuse, accident, abuse, neglect, misapplication, physical damage to the Product, or defects due to repairs or modifications made by anyone other than StratoScientific or its authorized service representative. This Limited Warranty does not apply to any peripheral equipment or items other than the Product itself, nor does it apply when the malfunction results from the use of this Product in conjunction with ancillary or peripheral equipment. Finally, StratoScientific will have no obligations under this Agreement where it is determined by StratoScientific that there is no defect in the Product itself.
No return of Products will be accepted by StratoScientific without a Return Material Authorization (“RMA”) and associated number, which may be issued by StratoScientific in its sole discretion. Returned Products must be in their original, unaltered, undamaged condition, and must be returned in the original shipping cartons complete with all packing materials. All Product returns must be returned freight prepaid in the manner specified in the RMA. If returned Products are claimed to be defective, a complete description of the nature of the defect must be included with the returned Products. Products not eligible for return shall be returned to Customer, freight collect. In case of returns that are software Products, Customer shall ensure all copies of the Product are irretrievably deleted from its systems and networks. To obtain warranty service, Purchaser must return the Product to StratoScientific at the address below, transportation and insurance pre-paid: 19125 North Creek Pkwy #120, Bothell, WA 98011
Exclusive Remedy; Disclaimer: REPAIR OR REPLACEMENT OF THE PRODUCT AS PROVIDED UNDER THE LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE REMEDY PROVIDED TO PURCHASER. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND/OR TITLE/NON-INFRINGEMENT. STRATOSCIENTIFIC AND ITS LICENSORS, DISTRIBUTORS, AGENTS, SUPPLIERS, AND CONTRACTORS WILL IN NO EVENT BE LIABLE TO PURCHASER FOR ANY DAMAGES PURCHASER SUFFERS OR INCURS INCLUDING, BUT NOT LIMITED TO, GENERAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT. IN NO EVENT WILL THE LIABILITY OF STRATOSCIENTIFIC AND ITS LICENSORS, DISTRIBUTORS, AGENTS, SUPPLIERS, AND CONTRACTORS TO PURCHASER EXCEED THE PURCHASE PRICE OF THE PRODUCT, THE COST OF REPAIRS, OR THE COST OF REPLACING THE PRODUCT, WHICHEVER IS LESSER.
PURCHASER WAIVES AND FOREVER RELEASES ANY CLAIMS IT MAY NOW OR IN THE FUTURE HAVE AGAINST STRATOSCIENTIFIC’S LICENSORS, DISTRIBUTORS, AGENTS, AND SUPPLIERS RELATING IN ANY WAY TO THE PRODUCTS. THE FOREGOING WILL HAVE NO LIABILITY OR OBLIGATION WHATSOEVER TO PURCHASER IN CONNECTION WITH THE PRODUCTS.
Some states may not allow the exclusion of limitation or incidental or consequential damages nor allow limitations on how long an implied warranty lasts, not allow provisions that permit the warranty to be voided. Thus, the above limitations or exclusions may not apply to Purchaser.
Feedback. A purchaser may provide StratoScientific with suggestions, comments or other feedback (collectively, “Feedback”) with respect to the Products. Feedback is voluntary. StratoScientific is not obligated to hold it in confidence. StratoScientific may use Feedback for any purpose without obligation of any kind. To the extent a license is required under any Purchaser intellectual property rights to make use of the Feedback, Purchaser grants StratoScientific an irrevocable, non-exclusive, perpetual, royalty-free license to use the Feedback in connection with StratoScientific’s business, products, and services, including the enhancement of the Products.
Safety Information: When using the Product, basic safety precautions should always be followed to reduce the risk of fire, electric shock, damage to the Product, loss of property, severe injury to persons or even loss of life, including the following: do not use the Product and all related accessories near or under water; avoid using this product during an electrical storm; do not insert the Product into an extension cord, receptacle or outlet unless the prongs can be fully inserted, failure to do so may cause electric shock or excessive heat resulting in a fire; do not overload power outlets and extensions cords, otherwise it can result in fire or serious electrical shock; unplug with caution the Product from power outlets if it emits smoke, an abnormal smell or makes unusual noise; do not disassemble the Product, it contains no user-serviceable parts; unplug the Product from any power outlet before cleaning (use no liquid or aerosol cleaners); and unplug the Product from the power outlet if the cable or power adapter prongs are damaged or frayed, if liquid has been spilled onto the Product, if the Product has been exposed to rain, water or any other liquid, if the internal components of device are exposed.
Use of Products in Certain Applications. Products sold by StratoScientific are not designed, intended or authorized for use in life support, life-sustaining, nuclear, or other applications in which the failure of such Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If Purchaser uses or sells the Products for use in any such applications: (i) Purchaser acknowledges that such use or sale is at Purchaser’s sole risk; (ii) Purchaser agrees that StratoScientific and the manufacturer(s) of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (iii) Purchaser will indemnify, defend and hold StratoScientific and the manufacturer(s) of the Products harmless from and against any and all claims, damages, fines, sanctions, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.
Export/Import Control Compliance. The sale, resale or other disposition of Products and any related technology or documentation may be subject to the export control laws, regulations and orders of the United States and may be subject to the export and/or import control laws and regulations of other countries. Purchaser is solely responsible for complying with all such laws, regulations, and orders and acknowledges that it shall not directly or indirectly export or import any Products to any country to which such export or transmission is restricted or prohibited. Purchaser understands and acknowledges its responsibility to obtain any license to export, re-export or import as may be required.
Choice of Law and Venue: This Limited Warranty is to be construed under the laws of the State of Washington, without giving effect to the conflict of law principles thereof. The United Nations Convention on the International Sales of Goods does not apply to this Limited Warranty. The parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to file an action in federal court) courts located in King County, Washington. This choice of venue is intended by the parties to be mandatory and not permissive in nature and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this Section.
Entire Agreement: This agreement contains the entire agreement between the parties with respect to the subject matter of this agreement, and it supersedes all other prior and contemporary agreements, understandings, and commitments between the parties with respect to the subject matter of this agreement. STRATOSCIENTIFIC SPECIFICALLY OBJECTS TO ANY ADDITIONAL TERMS BEING ADDED THROUGH A PURCHASE ORDER OR SIMILAR DOCUMENT. IF A PURCHASE ORDER IS REQUIRED BY PURCHASER, THE PARTIES AGREE THAT ANY ADDITIONAL TERMS CONTAINED THEREIN SHALL NOT BECOME PART OF THE AGREEMENT BETWEEN THE PARTIES AND SPECIFICALLY THAT THE TERMS OF THIS AGREEMENT SHALL SUPERSEDE ANY AND ALL TERMS IN ANY PURCHASE ORDER.
No products will be shipped, nor charges incurred, before FDA clearance.