XANDEM USAGE AGREEMENT
By purchasing, using, developing for, or reselling a XANDEM system, you acknowledge that you have read and understood the following warnings and limitations and you agree to the following terms and conditions.
Limitations of alarm sensing equipment
Xandem Tomographic Motion Detection equipment should be tested periodically to ensure proper operation. The product, if used properly, may provide alert of physical intrusion and similar environmental changes. However, Xandem is not an insurer, and the equipment is not a substitute for insurance nor is it a guarantee that loss from physical intrusion will be prevented. Users should protect themselves from risk of loss with all additional available means, including proper insurance. Xandem makes no representation that this product cannot be compromised or circumvented, or that it will provide an adequate sensing, or that it will prevent any injuries, property damage, or other losses. Like any alarm product, it may be bypassed, it is subject to compromise, and it may fail to warn for a variety of reasons, including, but not limited to: improper installation or positioning; improper maintenance; tampering; dead or improperly installed batteries; sensing limitations; component failures; receivers; intrusions outside of the product’s designed range, and a variety of other environmental conditions.
Xandem warrants that the equipment will, for 365 days after delivery to you, perform in substantial conformance with this User Guide. Your sole and exclusive remedy for the breach of this warranty is to return the equipment, at Xandem’s expense, to Xandem and Xandem will, at its option, repair or replace the equipment and return it to you, at Xandem’s expense. If, in the sole opinion of Xandem the foregoing remedy is not feasible, then Xandem will credit you for the purchase price of the affected equipment, less its depreciated value, calculated using a straight line method of depreciation and based on a useful life of five (5) years. Prior to returning equipment for a warranty adjustment, you must first contact Xandem for instructions and receive a Return Material Authorization number (“RMA”). Documentation accompanying your returned equipment must include the RMA, original invoice number, indication of the quantity of returned products and a description of the alleged defect. Products returned hereunder must be shipped, transportation prepaid, at your risk, by the most economical method of shipment. Shipping costs will be credited only on equipment that was not in a working condition pursuant to this warranty. Xandem will not pay for excess transportation costs resulting from the use of anything other than the most economical carrier. International shipments returned that Xandem returns to you after repair or replacement will be shipped on DDU Port of Entry (INCOTERMS).
Disclaimer of warranties
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT AND ANY WARRANTY OR REPRESENTATION THAT ANY SOFTWARE WILL OPERATE ERROR-FREE. EXCEPT AS DESCRIBED ABOVE AND EXCEPT FOR ANY REQUIREMENTS AND OPERATION DESCRIBED IN THIS USER GUIDE, XANDEM DOES NOT WARRANT THAT THE PRODUCT SHALL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT SHALL BE UNINTERRUPTED OR THAT ANY ERRORS SHALL BE CORRECTED OR THAT THE PRODUCT SHALL BE COMPATIBLE WITH ANY PARTICULAR THIRD-PARTY SYSTEM. IF ANY EXCLUSION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ONLY THOSE INVALID EXCLUSIONS SHALL BE STRICKEN AND ALL OTHERS SHALL REMAIN IN FULL FORCE AND EFFECT.
Limitations of liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, XANDEM WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ITS TOMOGRAPHIC MOTION DETECTION EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE LOSS OF PROPERTY, BUSINESS, MONEY, OR DATA, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. UNDER NO CIRCUMSTANCES WILL XANDEM'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR YOUR USE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO XANDEM UNDER THESE TERMS AND CONDITIONS DURING THE 12 MONTHS PRECEDING THE DATE OF THE ACTION OR CLAIM. EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES REPRESENTS AN AGREED ALLOCATION OF THE RISKS OF THESE TERMS AND CONDITIONS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY XANDEM FOR ITS PRODUCTS AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, AND EACH OF THESE PROVISIONS WILL APPLY EVEN IF THE WARRANTIES IN THESE TERMS AND CONDITIONS HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
Xandem is the owner of various intellectual property and technology rights associated its systems, including patent, copyright, trade secret, and trademark rights. Except for the rights expressly granted herein, Xandem does not transfer to you or any other end user any of Xandem’s technology or other intellectual property or technology rights. All right, title, and interest in and to Xandem’s technology and intellectual property will remain solely with Xandem. You agree that you will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from Xandem’s technology.
This device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation. Changes or modifications to this hardware not expressly approved by Xandem could void the user’s authority to operate the equipment.
This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures: (1) Reorient or relocate the receiving antenna. (2) Increase the separation between the equipment and receiver. (3) Connect the equipment into an outlet on a circuit different from that to which the receiver is connected. (4) Consult an experienced wireless technician for help.
This equipment may not be certified by your country’s governmental regulations, and you are fully responsible for all usage and testing of the system in this regard.