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WARRANTY
Limited Warranty Statement GOST warrants its products to be free from defects in material and workmanship under normal use for a period of 12 months from the date of manufacturing. If the warranted products are returned to GOST during the period of coverage, GOST will, at its option, repair or replace without charge those items it finds defective. Any replacement and/or repaired parts are warranted for the remainder of the original warranty or ninety (90) days, whichever is longer. The original purchaser must promptly notify GOST in writing, during the warranty period, that there is defect in material or workmanship. There is absolutely no warranty on software and all software products are sold as a user license under the terms of the software license agreement included with the product. This is the buyer's sole remedy. Except as specifically stated herein, all express or implied warranties whatsoever, statutory or otherwise, including without limitation any implied warranty of merchantability and fitness for a particular purpose are expressly excluded. Due to limitations of security systems and because GOST does not install or connect the products and because the products may be used in conjunction with products not manufactured by GOST, GOST cannot guarantee the performance of the security system and shall not be responsible for circumstances resulting from the product's inability to operate. In no event will GOST be liable to any buyer or user for any loss or damage, whether direct or indirect or consequential or incidental, including without limitation, any damages for lost profits, stolen goods, or from claims made by any other party caused by defective goods or otherwise relating to the products sold. Notwithstanding the above, GOST's maximum liability will be strictly limited to the purchase price of any defective product. Specifications may change without notice. To obtain service under this warranty, please return the item(s) in question to the point of purchase as all authorized distributors and dealers have a warranty program (where prior authorization is required before returning product). GOST will not accept any shipment whatsoever for which prior authorization has not first been obtained. The warranty for international customers is the same as for any customer within North America, with the exception that GOST shall not be responsible for any customs fees, taxes, or VAT that may be due. For those jurisdictions where the legal minimum warranty exceeds twenty four months, this warranty will be equally extended to meet such legal minimum requirement. BEWARE: Dealers, installers and/or others selling the product are not authorized to modify this warranty or make any additional warranties that are binding on GOST technologies, Inc or its affiliates. Limitations of Alarm Systems It must be understood that while your GOST alarm system is highly advanced and secure, it does not offer any guaranteed protection against burglary, fire, sinking, dead batteries or other emergency. This is due to a number of reasons, including by not limited to inadequate or improper installation/positioning, sensor limitations, battery performance, wireless signal interruption, inadequate maintenance or the potential for the system or telephone lines to be compromised or circumvented or SAT phone or cell phone coverage area. As a result, GOST does not represent that the alarm system will prevent personal injury or property, or in all cases provide adequate warning or protection. Your security system should therefore be considered as one of many tools available to reduce risk and/or damage of burglary, fire, sinking, dead batteries or other emergencies, such other tools include but are not limited to insurance coverage, fire prevention and extinguish devices, and sprinkler systems. We also strongly recommend you to regularly maintain your security systems and stay aware of new and improved GOST products and developments. LIMITED USE SOFTWARE AND DATA LICENSE AGREEMENT IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE SOFTWARE. You, as the User, assume full responsibility for the selection of the software and its associated data and/or information ("Software") to achieve his/her intended results, and for the installation, use and results obtained from the Software. THIS DOCUMENT STATES THE TERMS AND CONDITIONS UPON WHICH GOST SECURITY SYSTEMS LTD, ("GOST") OFFERS TO LICENSE THE SOFTWARE ENCLOSED AND ANY PROGRAM AND/OR HARDWARE KEY. BY DOWNLOADING AND/OR USING THIS SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE SOFTWARE AS SUPPLIED BY GOST IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS OF THIS LICENSE AND GOST RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU UNDER THIS AGREEMENT. 1. License: The User acknowledges that the Software, programs, hardware key and documents downloaded and underlying ideas, algorithms, concepts, procedures, processes, principals and methods of operation are confidential and contain trade secrets, and User shall use its best efforts to maintain the confidentialities thereof. User acknowledges that the Software, all intellectual property rights and the programs and documents are owned solely by GOST. Without limiting the generality of the preceding sentence, the Software, programs, documents and/or user manuals are copyrighted and may not be copied except as specifically allowed by this license for backup purposes and to load the Software on to the computer as part of executing the programs. All other copies of the Software and related user manuals are in violation of this agreement. The copyright protection claim also includes all forms and matters of copyrightable materials and information not allowed by statutory or common law or hereinafter granted including, without limitation, material generated from the Software that are displayed on the screen such as icons and screen displays. The Software and documents may contain trade secrets and are subject to the protection of International Law as well as specific Canadian laws regarding such protection. The User acknowledges that this license agreement, unless modified by GOST, also applies to subsequent purchases of software and data, and any updated versions of the Software and materials including any upgrades and enhancements related thereto. Any receipt of an updated version and the use thereof is subject to this licensing agreement's application thereto. User may not sublease, assign or otherwise transfer the software and documents to any other person or business entity without the prior written consent of GOST This license allows you to: (a) use the software and its associated data and/or information and hardware key for your organization only on a single computer, for which it was designed; (b) make copies of the software and its associated data and/or information in machine readable form, solely for backup purposes; and (c) physically transfer the Software from one computer to another provided that the program and hardware key are used on only one computer at a time. GOST may adopt from time to time mechanical or electronic methods that GOST deems necessary to protect you and to control unauthorized use or distribution of the programs. 2. Restrictions: (a) You may not market, distribute or transfer copies of the Software to others outside your organization. The Software contains intellectual property and in order to protect it you may not decompile, reverse compile, reverse engineer, reverse translate, disassemble or otherwise reduce the Software or its associated data and/or information to a human readable form or distribute them to any third party. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, SELL, GIVE, LEASE OR LOAN THE SOFTWARE OR ITS ASSOCIATED DATA AND/OR INFORMATION OR CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE, ITS ASSOCIATED DATA AND/OR INFORMATION OR THE ACCOMPANYING WRITTEN MATERIALS. (b) The software, its associated data and/or information and accompanying written materials are copyrighted. Unauthorized copying is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this license. (c) You understand that GOST may upgrade, enhance, or revise the software and in doing so incurs no obligation to furnish such upgrades to you. (These changes may render the software obsolete.) Consequently, GOST reserves the right to terminate this agreement as to such prior versions of the software. No distributor, dealer, salesperson, employee or agent of GOST or any other entity or person is authorized to expand or alter this warranty or this agreement without the prior written consent of GOST 3. Termination: This license is effective until terminated. Except for sections 4, 5 and 6, this license shall terminate automatically upon the earlier of: (a) breach of your obligations under the license; (b) GOST's written termination of this license; or (c) your nonpayment of any outstanding monies owed to GOST. Upon termination you agree that you will immediately discontinue the use of and destroy all copies of the Software and its associated data and/or information and return to GOST any and all pieces of electronic media and hardware key supplied by GOST 4. Limited Warranty: GOST does NOT warrant that the operation of the software and its associated data and/or information will meet your requirements or that the operation of the Software and its associated data and/or information will be uninterrupted or error-free. GOST does not warrant that the Software will meet User's requirements or that the operation of the Software will be uninterrupted or error-free in all circumstances. GOST is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems, nor for problems in the interaction of the program(s) with non-GOST software. 5. Disclaimer: USER AGREES THAT THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OF GOST OR GOST AND GOST DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GOST, ITS DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, REPRESENTATIVES OR ASSOCIATES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY UNLESS AGREED TO IN WRITING BY GOST. ANY SUCH REPRESENTATIVES WILL NOT BIND GOST. USER ASSUMES ENTIRE RISK AS IT APPLIES TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND ITS ASSOCIATED DATA AND/OR INFORMATION. SHOULD THE SOFTWARE AND ITS ASSOCIATED DATA AND/OR INFORMATION PROVE DEFECTIVE, YOU (AND NOT GOST) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING REPAIR OR CORRECTION. 6. Limitation of Remedies and Liability: NEITHER GOST NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, PROGRAMS AND SERVICES RELATED THERETO, OR EQUIPMENT (INCLUDING COMPUTERS AND MACHINES) AND SERVICES RELATED THERETO, SHALL BE LIABLE TO USER OR ANY PARTY CLAIMING THROUGH USER FOR ANY DAMAGES OR EXPENSES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOST BUSINESS, LOSS OF ANTICIPATED BENEFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, DIRECT OR INDIRECT, SPECIAL OR GENERAL, ARISING OUT OF THE USE OR INABILITY TO USE SUCH PROGRAMS OR EQUIPMENT, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, TORT OR UNDER ANY WARRANTY OR OTHERWISE AND WHETHER CAUSED BY DEFECT, NEGLIGENCE, BREACH OF WARRANTY, DELAY IN DELIVERY OR OTHERWISE, EVEN IF GOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY ANY OTHER PARTY. NO OBLIGATION OR LIABILITY SHALL ARISE OR FLOW FROM GOST RENDERING TECHNICAL OR OTHER ADVICE IN CONNECTION WITH EQUIPMENT, GOST PROGRAMS OR GOST SERVICES, INCLUDING BUT NOT LIMITED TO, GOST INSTALLATION AND TRAINING SERVICES AND ANNUAL SUPPORT AND MAINTENANCE SERVICES. GOST'S LIABILITY FOR DAMAGES IN NO EVENT SHALL EXCEED THE LICENSE FEE PAID FOR THE RIGHT TO USE THE PROGRAMS. 7. General: (a) This license shall be governed and interpreted, except the federal laws which govern trademarks and copyrights, in accordance with the laws of the Broward County, FL, USA. This agreement has been made entirely within the USA. If any suit or action is filed by any party to enforce this license or otherwise with respect to the subject matter of this license, venue SHALL be in the Broward County Courts of Florida. The parties further agree that this provision shall survive the termination of this agreement and that NO ACTION, regardless of form arising hereunder, may be instituted by either party more than one (1) year after the cause of action arose, except that the above limitation shall not apply to the enforcement of any of GOST's intellectual property rights. In any such action, the prevailing party shall be entitled to its reasonable attorney fees at trial or on appeal thereof, as awarded by the court. This license shall be construed in such a fashion as to make each provision enforceable to the maximum extent possible under law. (b) User acknowledges that User has read this agreement, which comprises of all the terms and conditions in this agreement, understands each and every term and condition of it, and agrees to be bound by its terms and conditions. User agrees that this agreement is the complete and exclusive statement of the agreement between GOST and User and that this agreement supersedes all prior and contemporaneous agreements, proposals, negotiations or discussions, oral or written, relating to the subject matter herein. No course of dealing or usage of trade or course of performance shall be relevant to explain or supplement any terms expressed herein. User further agrees that no representations or statements of any kind, including but not limited to, dealer advertising, presentations, oral or written, made by any agent or representative of GOST which are not stated herein shall be binding on User or GOST. Failure or delay in enforcing any right to a provision of this agreement shall not be deemed as a waiver of such provisions or right in respect to any subsequent breach or a continuance of any existing breach. If any provision of this license shall be held to be unenforceable by a court of jurisdiction, the remaining provisions will remain in force and effect and be enforced to the maximum extent permissible. (c) GOST shall not be in default by reason of any failure of its performance under this agreement if failure results, directly or indirectly, from, but not limited to, fire, explosion, strike, freight embargo, act of God, or the public enemy, war, civil disturbance, act of any government, de jure or de facto, or any agency or official thereof, labor shortage, transportation contingencies, unusually severe weather, default of manufacturer or supplier as a subcontractor, quarantine or restriction, epidemic or catastrophe or other similar event beyond the control of GOST. Privacy Statement GOST, Inc. ("GOST") has created this privacy statement in order to demonstrate our firm commitment to privacy. GOST takes reasonable precautions to keep all information obtained from our online visitors secure against unauthorized access and use of our websites ("Sites"), and we periodically review our security measures. We hope that this policy will help increase your confidence in and enhance your experience on our Sites. As a general guideline, GOST is committed to protecting your privacy. You can surf through most of our Sites without revealing personal information. Our web server may collect the domain names and log IP addresses to help diagnose problems with our server, to analyze our statistics and to administer our Sites. In some instances, we may ask for personal information to make you aware of new products or programs and/or request that you complete forms for contests or other business purposes. If you decide to complete forms for contests or other purposes, GOST may use such information to customize the advertising and content, fulfill your requests for products and/or services, improve our services, contact you, and conduct research. GOST takes commercially reasonable steps to protect your confidential information. GOST does not rent, sell or share personal information about you with non-affiliated companies, without your permission. By using the Sites, you signify your agreement with this Privacy Statement and other terms and conditions found in the Sites. GOST reserves the right, at our discretion, to change, modify, add or remove portions of this policy at any time. Your continued use of the Sites following changes to these terms means you accept those changes. Any claim relating to the content or use of confidential information shall be governed by the internal substantive laws of USA. |
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Copyright © 2000-2007 GOST Boat Alarm and Vessel Monitoring Systems. All rights reserved. Terms | Limited warranty |
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