Farmwave Vision System Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT”) CAREFULLY BEFORE USING YOUR SYSTEM. BY CLICKING THE ACKNOWLEDGMENT BELOW, SIGNING-UP ONLINE, REGISTERING YOUR DEVICE, OR OTHER TRIGGER, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, UNLESS YOU RETURN THE SYSTEM IN ACCORDANCE WITH FARMWAVE’S OR THE AUTHORIZED DISTRIBUTOR’S RETURN POLICY.
- The software (including embedded software), documentation, interfaces, content, fonts and any data that came with your System, whether on disk, in read only memory, on any other media or in any other form (collectively the “Farmwave Software”) are licensed, not sold, to you by Farmwave for use only under the terms of this Agreement. Farmwave retains ownership of the Farmwave Software and reserves all rights not expressly granted to you.
- Farmwave, at its discretion, may make available future updates to the Farmwave Software for your System. The Farmwave Software updates, if any, may not necessarily include all existing software features or new features that Farmwave releases for newer or other models of System. The terms of this Agreement will govern any software upgrades provided by Farmwave that replace and/or supplement the original Farmwave Software on your System, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Specific pricing, subscription, and related business terms relating to your purchase of the System shall be set forth in, as applicable, an order, invoice, online purchase confirmation, or agreement with an authorized distributor.
- Permitted License Uses and Restrictions.
- Subject to the terms and conditions of this Agreement, you are granted a limited, revocable, and non-exclusive license to use the Farmwave Software on a single Farmwave-branded System. You agree not to install, use or run the Farmwave Software on any non-Farmwave-branded device, or to enable others to do so. This Agreement does not allow the Farmwave Software to exist on more than one device at a time, and you may not make the Farmwave Software available over a network where it could be used by multiple devices or multiple computers at the same time. This Agreement does not grant you any rights to use Farmwave proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with the System.
- You may not, and you agree not to or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Farmwave Software or any services provided by the Farmwave Software or any part thereof.
- You agree to use the System in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you use the System.
- The System will periodically check with Farmwave for updates to the Farmwave Software. If an update is available, the update may automatically download and install onto your System. By using the Farmwave Software, you agree that Farmwave may download and install automatic updates onto your System.
You may not rent, lease, lend, sell, redistribute or sublicense the System. You may, however, make a permanent transfer of all of your license rights to the System to another party in connection with the transfer of ownership of your System, provided that: (a) the transfer must include your System and all of the Farmwave Software, including all its component parts, original media, printed materials and this Agreement; (b) you do not retain any copies of the Farmwave Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Farmwave Software reads and agrees to accept the terms and conditions of this Agreement.
- Consent to Use of Data.
- Diagnostic and Usage Data. You agree that Farmwave and its subsidiaries and agents may collect, maintain, process and use images captured by the System and/or diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your System, computer, system and application software, and peripherals, that is gathered periodically to provide and improve Farmwave’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the System, and to verify compliance with the terms of this Agreement. Farmwave may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. To enable Farmwave’s partners and third party developers to improve their software, hardware and services designed for use with Farmwave products, Farmwave may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you, and you agree and consent to Farmwave’s and its partners’ and licensees’ transmission, collection, maintenance, processing and use of this information.
- Location Data. Farmwave and its partners and licensees may provide certain services through your System that rely upon location information. To provide and improve these services, where available, Farmwave and its partners and licensees may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your System, and location search queries. The location data and queries collected by Farmwave are collected in a form that does not personally identify you and may be used by Farmwave and its partners and licensees to provide and improve location-based products and services. By using the Farmwave System, you agree and consent to Farmwave’s and its partners’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve such products and services.
- Services and Third Party Materials.
- The Farmwave Software may enable access to Farmwave and third party services and content (collectively and individually, “Services”). Use of these Services requires Internet access and may require you to accept additional terms and conditions, and may be subject to additional fees.
- You (or, as applicable, an authorized dealer from which you purchased the System) are solely responsible for the proper installation of all Third-Party Hardware. Your use of the Third-Party Hardware may be subject to additional terms and conditions of the manufacturer or others. You further understand and agree that the Third-Party Hardware may not function in the event that your subscription, license rights to use, and/or your access to the Farmwave Software terminates. Farmwave reserves the right to terminate this Agreement, your subscription, and/or your ability to use the Farmwave Software in the event that you or the authorized distributor from which you purchased the System fails to pay the applicable subscription fee.
- You agree that the System contains proprietary content, information and material that is owned by Farmwave and/or third-parties, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the System in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or Farmwave. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the System, in any manner, and you shall not exploit the System in any unauthorized way whatsoever, including but not limited to, using the System to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity.
- In addition, the System’s displays and documentation are not available in all languages or in all countries or regions. Farmwave makes no representation that the System is appropriate or available for use in any particular location. To the extent you choose to use or access the System, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Farmwave and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Farmwave be liable for the removal of or disabling of access to any such Services.
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically or otherwise cease to be effective without notice from Farmwave if you fail to comply with any term(s) of this Agreement. You understand and agree that any rights granted herein will terminate upon the failure to pay any annual subscription fees agreed upon at the time of initial set-up or as may be subsequently agreed. Upon the termination of this Agreement, you shall cease all use of the Farmwave Software. Sections 2B, 4, 5, 6, 7, 8, 9, 11 and 12 of this Agreement shall survive any such termination.
- Disclaimer of Warranties.
- If you are a customer who is a consumer (someone who uses the System outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SYSTEM AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE SYSTEM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SYSTEM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND (EXCEPT AS MAY BE OFFERED INDEPENDENTLY BY THE MANUFACTURER OF THIRD-PARTY HARDWARE), AND FARMWAVE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SYSTEM, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
- FARMWAVE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SYSTEM, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SYSTEM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SYSTEM WILL BE CORRECTED, OR THAT THE SYSTEM WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THE SYSTEM MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
- YOU FURTHER ACKNOWLEDGE THAT THE SYSTEM IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SYSTEM COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FARMWAVE OR A FARMWAVE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SYSTEM PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL FARMWAVE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SYSTEM OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SYSTEM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FARMWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Farmwave’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Export Control.
You may not use or otherwise export or re-export the System except as authorized by United States law and the laws of the jurisdiction(s) in which the System was obtained. In particular, but without limitation, the System may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the System, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the System for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
- Government End Users.
The System and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
- Controlling Law and Severability.
This Agreement will be governed by and construed in accordance with the laws of the State of Georgia, excluding its conflict of law principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
- Complete Agreement; Governing Language.
This Agreement constitutes the entire agreement between you and Farmwave relating to the Farmwave Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Farmwave. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern, to the extent not prohibited by local law in your jurisdiction.