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Legal
1. Notices, Disclaimers, and Terms of Use
1. Limited Product Warranty. SP by Design Inc warrants to the Client that the Products shall substantially conform
to SP by Design Inc's specification for a period of 90 days from the date of the original purchase by the end user
(the "Warranty Period"). As SP by Design Inc's sole obligation and Client's exclusive remedy for any breach of war-
ranty, SP by Design Inc agrees, at its sole option, to (i) use reasonable efforts to repair the Product with new or
refurbished replacement parts; (ii) replace the Product with a new or refurbished unit; or (iii) refund the purchase
price, provided Client returns the defective Products to SP by Design Inc with proof of purchase and SP by Design
Inc's authorization.
SP by Design Inc's warranty hereunder does not apply in case of any damage caused by accident, abuse, misuse,
misapplication, or alteration of any kind performed by anyone other than SP by Design Inc. The Products are not
designed or licensed for use in mission-critical applications, or in hazardous environments, requiring fail-safe con-
trols, including without limitation operation of nuclear facilities, aircraft navigation or communication systems, air
traffic control, or life support or weapons systems. Without limiting the generality of the foregoing, SP by Design
Inc specifically disclaims any express or implied warranty or condition of fitness for such purposes. SP by Design
Inc's warranty does not, in any event,apply to physical damage to the surface of the Product or replacement. SP
by Design Inc shall have no obligation with respect to any data stored in the Product.
Except as expressly stated in this section, SP by Design Inc makes no warranties or includes any conditions with
respect to the products, express or implied, including, but not limited to, the implied warranties or conditions of
merchantability,fitness for a particular purpose and no infringement.
2. Liability Limitation. In no event shall SP by Design Inc be liable to Client, (and Client hereby waives any indirect,
special, incidental, or consequential damages in connection with) the transactions contemplated by this agreement,
whether or not such damages were foreseen, or their likelihood disclosed. SP by Design Inc shall not be liable to
Client or any third party claiming through Client, for any damages of any kind in excess of the amounts paid by Clie-
nt under the terms of this agreement with respect to the products giving rise to such damages. Some jurisdictions
do not allow the exclusion of or limitation on implied conditions, warranties or damages, thus some of the foregoing
may not apply to Client.
3. Intellectual Property Rights. Hardware and Software are proprietary to SP by Design Inc or its suppliers and are
subject to copyright and other intellectual property laws. Client's only rights with respect to any SP by Design Inc
software included with the Products shall be provided, under the terms of SP by Design Inc's software license. The
title to all SP by Design Inc Software remains with SP by Design Inc. Client agrees that SP by Design Inc retains ow-
nership of all rights, title and interest in all intellectual property, works of authorship, trade secrets and like's in all
aspects of the Product(s). Client and its affiliates and subcontractors agree not to reverse engineer any aspect of the
Software and/or Products supplied under this agreement and further agree to pay assessed damages shouldsuch
action take place.
4. Copyright and Copies. The Software (including any copy thereof) is owned by SP by Design Inc or its suppliers
and is protected by United States, Canada, European, Brazilian and Australian copyright and patent laws and inter-
national treaty provisions. The Software copy is licensed to you the client, not sold to you, and you (the client) are
not an owner of any copy thereof. You may make one copy of the software for backup or archival purposes. You may
not otherwise copy the software, except as authorized by applicable law, nor the written materials accompanying the
Software. SP by Design Inc hereby reserves all rights not explicitly granted in this license agreement.
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