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JUNXION, INC. warrants to the original end user purchaser (“You”) that the product shall be free of defects in materials and workmanship under normal use for one (1) year from the original date of purchase (the “Warranty Period”). THESE WARRANTIES ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE.
JUNXION, INC.’s exclusive liability and Your exclusive remedy hereunder is expressly limited to, at JUNXION INC.’s sole option and discretion, (a) exchange, repair or replacement of defective or non-conforming materials, parts or components; or (b) refund of all amounts paid directly to JUNXION, INC. for any defective product. Replacement products may be new or like new. THE ABOVE SHALL APPLY WHETHER JUNXION, INC.’S LIABILITY ARISES FROM ANY BREACH OF ITS EXPRESS WARRANTY, BREACH OF ANY OBLIGATION OR OTHERWISE WITH RESPECT TO THE MANUFACTURE AND SALE OF ANY UNITS OF THE PRODUCT, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY. IN NO EVENT SHALL JUNXION, INC. BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO ANY CAUSE, REGARDLESSS OF WHETHER JUNXION, INC. HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE, OR FOR CLAIMS BY ANY THIRD PARTY. JUNXION INC.’S MAXIMUM AGGREGATE LIABILITY TO PURCHASER SHALL NOT EXCEED THE AMOUNT PAID BY PURCHASER FOR THE PRODUCT.
The foregoing warranties do not extend to: (i) non-conformities, defects or errors in the product due to accident, abuse, misuse or negligent use of the product or use in other than a normal and customary manner, environmental conditions not conforming to JUNXION, INC.’s specification, improper installation or failure to follow prescribed operating and maintenance procedures; (ii) defects, errors or non-conformities in the product due to modifications, alterations, additions or changes to the product not authorized by JUNXION, INC., in writing in advance; (iii) normal wear and tear; (iv) damage caused by force of nature or act of any third person, including shipping damage; (v) service or repair of product by the Purchaser without prior written consent from JUNXION, INC.; (viii) products designated by JUNXION, INC. as beta site test samples, experimental, developmental, reproduction, sample, incomplete or out-of-specification products; (viii) returned products if the original identification marks or tamper seals have been removed from the product or altered; (ix) condensation, water or liquid damage; (x) damage caused to the user’s computer; (xi) loss of data; or (xii) damage caused by viruses.
The foregoing limitations will apply even if any warranty or remedy provided hereunder fails of its essential purpose. This warranty gives you specific legal rights, and You may also have other rights that vary by jurisdiction. Some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above warranty limitations may not apply to You.
Please direct all inquiries to: Junxion, Inc., 820 NE 45th Street, Second Floor, Seattle, WA 98105 (206.686.8988)
Subject to these terms and conditions, Junxion grants you a non-exclusive license, with no right to sublicense, to execute the software included with the Junxion Box or subsequently provided to you by Junxion (together, the “Software”) on your Junxion Box solely for your personal use on the intended features and functions of the Junxion Box. The license may be transferred only with the transfer of the Junxion Box on which Junxion has installed the software; any transferee will be subject to the terms and conditions of this license. This license will terminate automatically, without notice, if you fail to comply with the terms and conditions, including the restrictions, of this license.
Junxion and its licensors own and retain all proprietary rights, including all patents, copyright, trade secret, trademark and other intellectual property rights in and to the Junxion Box Software. You acknowledge that the license granted above does not provide you with title to or ownership of the Software, but only a right of limited use under these terms and conditions. The Software embodies Junxion’s trade secrets and other proprietary information and materials. Any attempt to modify, enhance, disassemble, decompile, reverse engineer or otherwise gain access to the source code of the Software, to remove or unbundled the Software from the Junxion Box, or to sublicense or distribute the Software is strictly prohibited, except as expressly set for in the paragraph titled “GPL and LGPL Software” and “Other Open Source Software” below or except as may be otherwise agreed by Junxion in writing.
Certain components of the software included with the Junxion Box are subject to the GNU General Public License (“GPL”), the Lesser GNU General Public License (“LGPL”), or other “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of the section titled “Junxion Software License” above. Instead, each item of Open Source Software is licensed under the terms of the end-user license that accompanies such Open Source Software. Nothing in this document limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. In particular, nothing in this document restricts your right to copy, modify, and distribute that Open Source Software subject to the terms of the GPL and LGPL. As required by the terms of the GPL and LGPL, Junxion makes the Open Source Software provided under the GPL and LGPL available to the public in source code form on a CD. To receive a CD, please send $9.00 to Junxion for the cost of preparing and mailing the CD to you. Requests can be mailed to Source Code CD Request, Junxion Inc., 820 NE 45th Street, Second Floor, Seattle, WA 98105.
The Junxion Box is provided with the following software licensed under the GPL and LGPL. A copy of the GNU GPL license is available from the Free Software Foundation (http://www.gnu.org).
The Junxion Box is provided with the following software licensed under BSD licenses or other open source software licenses. The software and license details are available from the referenced web sites.