User Guide

This quality product (“Equipment”) is warranted to operate in all material respects as described in this User Guide (the “Guide”) and it is free from manufacturing defects in material and workmanship for a period of eighteen (18) months from the date of shipment to the Purchaser, provided that the Equipment is used under normal operating conditions as described in the Guide. This warranty is available only to the person or organization (“Purchaser”) to which the Equipment was originally sold by SmartD Technologies Inc. (SmartD) or by an Authorized distributor of SmartD, and is non-transferable.

For any breach of warranties contained in the Limited Equipment Warranty Purchaser's sole and exclusive remedy and SmartD's sole and exclusive obligation shall be: At SmartD's option, to (i) repair or replace Equipment, at its sole and absolute discretion, in order for the Equipment to perform as warranted or correct any defect in material or workmanship; or (ii) reimburse Purchaser the full purchase price paid by Purchaser for the defective Equipment; provided in both cases that (i) Purchaser provides SmartD with sufficient details to enable SmartD to recreate and diagnose the failure of the Equipment to function as warranted; and (ii) the breach of the warranty is reported to SmartD within the Equipment Warranty Period.

Parts, accessories or components that are new or reconditioned to perform as new, shall be furnished by SmartD on an exchange basis, and, upon the completion of such exchange, the exchanged part shall become SmartD's property. Plastic components (e.g. plastic cover) are warranted for thirty (30) days from date of shipment to Purchaser, with no extensions provided. The Warranty Period shall not be extended due to suspension of the use of Equipment because of repair, replacement, examination, or any other reasons. Purchaser shall bear all costs associated with transportation of returned Equipment, parts, accessories and components, and will bear all risk of loss or damage while in transit. In the event no breach of the Limited Equipment Warranty is discovered by SmartD but the returned Equipment nonetheless requires repair or replacement, SmartD shall, upon approval by Purchaser, repair or replace the Equipment, and return same to Purchaser at Purchaser's expense and risk.

No warranty or insurance herein contained or set out shall apply when damage or repair is caused by any of the following:

1. Damage in transit or when moving or installing the Equipment;

2. Improper installation, such as defective wiring or inadequate protection;

3. Abnormal conditions of temperature, dust, corrosion or any operating conditions outside ranges specified in this Guide;

4. Accident, alteration, abuse or misuse of the Equipment or abnormal operating conditions;

5. Fire, water damage, theft, war, riot, hostility, acts of God such as hurricanes, floods, etc.;

6. Service calls resulting in customer education,

7. Other acts which are not attributable to SmartD.

Save as herein provided, there are no other warranties, conditions, representations or guarantees, express or implied, made or intended by SmartD or its authorized distributors and all other warranties, conditions, representations or guarantees, including any warranties, conditions, representations or guarantees under any Sale of Goods Act or like legislation or statue are hereby expressly excluded where permitted by law. Nothing in this agreement shall be interpreted as a warranty that the Equipment or the services performed hereunder shall satisfy the needs of Purchaser or be suited to a specific application. In particular but without restriction, the Equipment is not designed for any activity requiring fail-safe performance in which the failure of the Product could lead to death, serious personal injury or severe physical or environmental damage, including but not limited to medical applications, control of critical industrial processes, emergency response systems, air traffic control systems and weapons systems. Save as herein provided, SmartD, shall not be responsible for any damage to persons or property, including the Equipment itself, howsoever caused or any consequential damages arising from the malfunction of the Equipment and by the purchase of the Equipment. Purchaser agrees to indemnify and save harmless SmartD from any claim for damages to persons or property caused by the Equipment. In no event shall SmartD be responsible for installation, dismantling or re-installation costs or charges. Unless specifically authorized in a separate writing by SmartD Inc., no warranty is made with respect to, and shall have no liability in connection with, goods which are incorporated into other products or equipment, or which are modified by any person other than an authorized SmartD technician. Modification or replacement of the embedded software provided with the Equipment shall void this warranty, with the exception of any user-defined scripts added or modified following the instructions and limitations outlined in this User Guide. The total liability of SmartD to Purchaser arising out of or in connection with this Equipment, whatever the cause of action, shall not, in the aggregate, be in excess of the purchase price having actually been paid by Purchaser for the Equipment. Purchaser releases SmartD from all obligations, liability, claims or demands in excess of this limitation. The existence of claims against more than one Equipment and/or service shall not enlarge or extend the limit.

For service and support, Purchasers must contact the authorized SmartD reseller who sold you this Product, or SmartD if purchased directly. End users must contact the original Purchaser. If service is performed on the Equipment by anyone other than a technician authorized by SmartD then all obligations of SmartD under this warranty shall end.

Purchaser and all users are deemed to have accepted this Limited Warranty, its exclusions and limitation of liability, which contains the complete and exclusive limited warranty for this product. This Limited Warranty may not be amended, modified or its terms waived, except in writing and signed by an Officer of SmartD.

Nothing in these Terms and Conditions shall be construed as conferring upon Purchaser any right whatsoever in and to SmartD's intellectual property, patents, trademarks, trade names, software, designs, know how or trade secrets, title to which shall remain with SmartD. Purchaser shall not reverse engineer the Products or any part thereof. SmartD grants the purchaser of this product and any tiers end-user a non-exclusive, royalty-free license to use the embedded software and any associated documentation (“Software”) solely in conjunction with the use of the product. Any other use of the Software is strictly forbidden, including, but not limited to, copying, renting, or selling. SmartD retains all other rights to the Software.

Purchaser shall comply with all applicable regulations and laws in effect now and hereinafter, including compliance with all export controls on the distribution or dissemination of this Equipment, embedded software and documentation related to this Equipment.

SmartD shall not be responsible for delays or failures in performance resulting from acts beyond its reasonable control. If any part or provision of this section shall be found to be illegal or unenforceable therein, the remaining provisions of this Section shall remain in full force and effect and such part or provision shall be deemed stricken. The terms of this Section shall be governed by and construed in accordance with the laws of the province of Quebec, CANADA, applied without giving effect to any conflicts of law principles. The parties agree that all disputes relating to, or arising out of, this Section shall be subject to the exclusive jurisdiction and venue of the courts of the judicial district of Montreal (Quebec).