User manual
Phantom Help File20
© 2010 Vision Research - An AMETEK Company
under normal conditions, the Firmware will perform substantially in accordance with VRI’s
specifications. NO ADDITIONAL WARRANTIES WHATSOEVER ARE MADE BY VRI. Warranty
claims must be made within the applicable warranty period. Warranties cover only defects arising under
normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration,
problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or
damage determined by VRI to have been caused by you. Warranties on the Firmware are granted only to
you and are non-transferable. After expiration of the applicable warranty period, THE FIRMWARE IS
LICENSED "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER. VRI EXPRESSLY
DISCLAIMS, AND YOU EXPRESSLY WAIVE, ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION,
NON-INTERFERENCE AND ACCURACY OF INFORMATIONAL CONTENT. VRI DOES NOT
WARRANT THAT THE FIRMWARE WILL MEET YOUR REQUIREMENTS OR THAT THE
OPERATION OF THE FIRMWARE WILL BE SECURE, UNINTERRUPTED OR
ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED. THE ENTIRE RISK OF THE
FIRMWARE’S QUALITY AND PERFORMANCE IS WITH YOU.
UNDER NO CIRCUMSTANCES SHALL VRI, ITS DIRECTORS, OFFICERS, EMPLOYEES OR
AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF
ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) ARISING
FROM THIS AGREEMENT, WHETHER RESULTING FROM IMPAIRED OR LOST DATA,
SOFTWARE OR COMPUTER FAILURE, OR FROM THE FURNISHING, PERFORMANCE,
INSTALLATION, OR USE OF THE FIRMWARE, WHETHER DUE TO A BREACH OF
CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF VRI OR ANY OTHER
PARTY, EVEN IF VRI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE
EXTENT THAT THE APPLICABLE JURISDICTION LIMITS VRI'S ABILITY TO DISCLAIM
ANY WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM
EXTENT PERMITTED BY LAW. Your sole remedy for a breach of this Agreement or of any
warranty hereunder is the correction or replacement of the Firmware/Camera, at VRI’s option. VRI
reserves the right to substitute a functionally equivalent camera as a replacement. If VRI is unable to
provide a replacement or substitute the Firmware/Camera or corrections to the Firmware, your sole
alternate remedy shall be a refund of payment rendered by you to VRI for the camera, exclusive of any
costs for shipping and handling.
You agree to indemnify and hold VRI harmless from any and all claims, judgments, liabilities, expenses, and
costs (including reasonable attorneys' fees) arising from your breach of this Agreement and/or acts or
omissions.
6. Export Law Assurances
You acknowledge and agree that the Firmware and accompanying Camera(s) (collectively, the “Products”)
may be subject to U.S. Export Administration Regulations. Diversion of the Products contrary to U.S. law
is prohibited. You agree that the Products are not being or will not be acquired for, shipped, transferred,
or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor will they
be used for nuclear activities, chemical or biological weapons, or missile projects unless authorized by the
U.S. government. Proscribed countries are set forth in U.S. Export Administration Regulations. You
certify that you are not on the U.S. Department of Commerce's Denied Persons List and are not a citizen,
national, or resident of, or under the control of the government of Cuba, Iran, Iraq, Libya, North Korea,
Syria or any other country to which the U.S. has prohibited export. You are responsible for complying
with any applicable local laws, including but not limited to the export and import regulations of other
countries.
7. U.S. Government Restricted Rights
If the Firmware or Camera is being acquired by or on behalf of the U.S. Government or by a U.S.
Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for