Owner's Manual
4
Warranty
6.
OTHER
PROVISIONS:
A.
INDEMNIFICATION
OF
VAIS.
ITS
AGENTS
AND
EMPLOYEES
.
By
Purchasing,
Installing
and
Using
the
Products
,
You,
the
End-
User,
agree
to
indemnify,
defend
and
hold
harmless,
VAIS,
and
its
Affiliates,
Directors,
Officers,
Agents
and
Employees
from
any
Liabilities,
Damage,
Loss,
Claim
and
Expense
(including
reasonable
Attorney's
Fees)
arising
out
of
the
installation
and
use
of
the
Products.
B.
GOVERNING
LAW
.
THIS
AGREEMENT
,
and
all
Purchases
hereunder
shall
be
governed
by
,
and
construed
under
the
laws
of
the
State
of
Colorado
,
without
regard
to
conflicts
of
law
rules
.
You
agree
that
the
Courts
of
Colorado
shall
have
exclusive
jurisdiction
over
the
Parties
,
for
all
disputes.
Venue
shall
lie
exclusively
in
either
:
(i)
Arapahoe
County
District
Court
;
or
the
U.S.
District
Court,
District
of
Colorado
.
C.
NOT
FOR
RESALE
NOR
EXPORT
ASSURANCES
.
You,
the
End-User
certifies
and
agrees
that
the
Products
are
being
Purchased
for
the
End-Users
own
use,
and
not
for
resale.
The
End-User
further
agrees
that
he/she/it
will
not
remove
components
from
Product
for
resale,
unless
he/
she/
it
becomes
certified
as
an
official
dealer
of
VAIS
and
enters
into
the
appropriate
'
Distribution
Agreements'
required
by
VAIS
technology.
The
End-User
further
agrees
that
neither
the
software,
nor
any
other
technical
date
received
from
VAIS,
nor
the
direct
Product
thereof,
will
be
exported
outside
the
United
States,
except
as
authorized
and
as
permitted
by
VAIS
and
in
accordance
with
the
laws
and
regulations
of
the
United
States
.
If
the
software
or
Products
rightfully
obtained
by
you
outside
of
the
United
States
,
you
agree
that
you
will
not
export
the
Software,
Products
,
nor
other
technical
data
,
received
from
VAIS
;
except
as
authorized
and
as
permitted
by
VAIS
,
and
in
accordance
with
the
laws
and
regulations
of
the
United
States.
VAIS
and
the
End-User
recognize
that
violation
of
these
provisions
will
result
in
damages
to
VAIS
,
in
a
substantial
amount
,
which
is
not
easily
determined
.
If
these
provision
are
violated,
the
End-
User
shall
be
liable
to
VAIS
in
the
amount
of
$100/day,
as
liquidated
damages
and
not
as
a
penalty,
commencing
with
the
first
day
in
which
the
end-user
violates
this
provision
and
ending
on
the
day
in
which
such
Products
or
its
parts
are
recovered
by
VAIS
.
D.
FORCE
MAJEURE.
VAIS
Technology
shall
not
be
liable
for
any
delay
or
failure
in
performance
caused
by
or
resulting
from
acts
of
God,
fire,
flood,
storms,
earthquakes,
tornados,
other
acts
of
nature,
any
accidents,
riots,
wars,
government
intervention,
embargoes,
strikes,
labor
difficulties
,
equipment
failures,
or
any
other
causes
beyond
the
control
of
VAIS
Technology
.
Quantities
are
subject
to
av
ailability.
In
the
event
of
shortage
,
VAIS
Technology
may
allocate
sales
and
deliveries
in
its
sole
discretion.
E.
WAIVER.
Failure
of
VAIS
Technology
to
insist
upon
strict
performance
of
any
provisions
hereof
shall
not
be
deemed
a
waiver
of
its
right
and
remedies
.
F.
SEVERABILITY:
In
the
event
that
any
of
the
provisions,
or
portions
thereof,
of
this
Agreement
are
held
to
be
unenforceable
or
invalid
by
any
court
or
tribunal
of
competent
jurisdiction
,
the
validity
and
enforceability
of
the
remaining
provisions,
or
portions
thereof
,
shall
not
be
affected
thereby
,
and
effect
shall
be
given
to
the
intent
manifested
by
the
provisions
,
or
portions
thereof
,
held
to
be
enforceable
and
valid.
G.
CONSTRUCTION:
Throughout
this
Agreement
the
singular
shall
include
the
plural,
and
the
plural
shall
include
the
singular,
and
masculine
shall
include
the
feminine
wherever
the
context
so
requires
.
H.
COMPETENCY
OF
THE
PARTIES.
Each
party
is
legally
competent
and
fully
authorized
to
execute
this
Agreement.
I.
OPPORTUNITY
TO
REVIEW
AGREEMENT
WI
TH
COUNSEL
OF
PARTIES
OWN
CHOOSING.
You
,
the
End
-
User
acknowledge
that
YOU
have
had
every
right
to
consult
a
licensed
attorney,
and
have
done
so
to
the
extent
of
your
desires,
prior
to
entering
into
this
Agreement,
and
:
(a)
has
fully
and
carefully
read
and
considered
this
Agreement
prior
to
its
execution;
(b)
has
been
sent
to,
or
has
had
the
opportunity
to
be
fully
apprised
by
his
or
her
attorney
of
the
legal
effect
and
meaning
of
this
document
and
all
of
its
terms
and
conditions;
(c)
has
had
the
opportunity
to
make
whatever
investigation
or
inquiry
he/she
deems
necessary
or
appropriate
in
connection
with
the
subject
matter
of
this
Agreement
;
(d)
has
been
afforded
the
opportunity
to
negotiate
as
to
any
and
all
terms
of
this
Agreement
;
and
(e)
is
executing
this
Agreement
voluntarily
,
free
from
any
undue
influence
,
coercion
,
duress
or
fraud
of
any
kind
.
J.
BINDING
EFFECT
:
Upon
execution,
this
Agreement
shall
be
binding
and
fully
enforceable
,
and
shall
inure
to
the
benefit
of
the
parties
hereto,
their
successors,
personal
representatives
and
heirs.
K.
NOTICES:
All
notices,
as
may
be
required
by
this
Agreement,
shall
be
sent
to
the
respective
parties
at
the
addresses
set
forth
below.
Appropriate
registered
or
certified
mailing
to
the
parties
may
modify
the
place
of
notice
.
L.
ENTIRE
AGREEMENT
.
These
terms
and
conditions
constitute
the
entire
and
exclusive
agreement
between
you
,
the
End-User
and
VAIS
Technology
,
concerning
the
Products
,
and
your
purchase
hereunder,
and
supercede
all
statements
or
other
agreements
,
whether
oral
or
written
,
between
you
and
VAIS
Technology
.
No
change
in
this
Agreement
shall
be
effective
,
unless
agreed
to
in
writing
by
bot
h,
you
,
the
end-user
and
VAIS
.
IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE RETURN
THE VAIS PRODUCTS (INCLUDING THE SOFTWARE* AND ANY
WRITTEN MATERIALS)
IN
ORIGINAL CONDITION, AND
IN
ORIGINAL PACKAGE (INCLUDING SHIPPING BOX, AND ALL
PACKAGING BELONGINGS USED FOR SECURE SHIPPING)
WITHIN FIVE (5) BUSINESS DAYS OF RECEIPT OF THE
PRODUCTS, TO THE PLACE FROM WHICH YOU PURCHASED
THEM, FOR A FULL REFUND OF THE PURCHASE PRICE OF
THE VAIS PRODUCTS.
*
VALID
FOR
SPECIFIC
VAIS
PRODUCTS
ONLY