User's Manual
Table Of Contents
LIMITED WARRANTY AND LIMITATION OF LIABILITY:
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7. Who bears the Risk of Loss? Risk of loss for the System passes to Purchaser upon the delivery to Purchaser or to a carrier for
shipment, which ever is earlier. Title to the Systems (excluding any software) will pass upon payment in full for the Systems. Title to any
software shall always remain with Spotwave or its licensors. As security for payment, Purchaser grants to Spotwave a purchase money
security interest in the Systems (together with any proceeds, including insurance proceeds) and agrees that a copy of this letter of
agreement or any other appropriate document may be registered as required to perfect the security interest granted. Systems may be
resold by Purchaser in normal course of business, but until paid for in full, Purchaser will not pledge or otherwise encumber the Systems.
Purchaser agrees to immediately report to Spotwave, any seizure or attachment of the Systems by creditors; (ii) any petition in bankruptcy,
insolvency, receivership or similar proceedings filed by, or against Purchaser; or (iii) any arrangement, composition or similar agreement for
the benefit of creditors. Systems held for Purchaser by Spotwave are at Purchaser's sole risk and expense.
OTHER TERMS:
8. What terms govern our relationship? These terms and any software license or warranty documentation accompanying the
Systems constitute the complete and exclusive statement of the terms and conditions between us regarding the Systems and cannot be
altered, amended or modified except in writing executed by Spotwave. This letter of agreement and any disputes arising hereunder shall be
governed by and interpreted in accordance with the laws of the Province of Ontario, Canada. The United Nations Convention on Contracts
for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable is expressly excluded. Any
terms and conditions of any purchase order or other instrument issued by Purchaser which are in addition to or inconsistent with the terms
and conditions of this letter of agreement shall not be binding and shall not apply, even if accepted by Spotwave.
MANUAL DISCLAIMER
Product specifications, pricing, packaging, technical support and information ("Specifications") and all claims, features, representations,
and/or comparisons provided are correct to the best of our knowledge of the date of publication, but may contain errors or omissions and
are subject to change without notice.
INFORMATION IS PROVIDED BY SPOTWAVE WIRELESS INC. ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY,
SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE,
USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS OF THE INFORMATION
PROVIDED IS ASSUMED BY YOU. WE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR
PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD
PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED
FORTY DOLLARS. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. All product, font and company
names are trademarks or registered trademarks of their respective owners.