Disclaimer and Limitation of Liability
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
IN NO EVENT SHALL Sionasys OR ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR LOST PROFITS ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS AND/OR SERVICES, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON CONTRACT, TORT, WARRANTY OR OTHER LEGAL THEORY, EVEN IF Sionasys HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES AND/OR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, CORRECTION, OR REPAIR OF DATA OR EQUIPMENT, YOU ASSUME ALL COSTS THEREOF.
Information published herein may refer to products, programs or services that are not available in your country. Consult your local Sionasys business contact for information regarding the products, programs and services that may be available to you. Sionasys's obligations with respect to its products and services are governed solely by the agreements under which they are provided. Nothing herein should be construed to alter such agreements
Sionasys and its suppliers do not warrant the completeness or accuracy of the information, links, graphics, text or other items contained within these materials. Sionasys may make changes to these materials and products at any time without notice. Sionasys makes no commitment to update the materials, products or services.
Single Copy License
The unauthorized use of any materials at this Site may violate copyright, trademark, and/or other laws. The materials herein are copyrighted. Users may download one copy of the information or software ("Materials") found on Sionasys's sites on a single computer for their personal, internal, non-commercial use only unless licensed to do otherwise by Sionasys in writing or as allowed by any license terms that accompany or are provided with individual Materials. This is a license, not a transfer of title. Licensees are subject to the following restrictions: Licensees may not:
+ modify the Materials or use them for any commercial purpose or public display, performance, sale or rental;
+ decompile, reverse engineer, or disassemble software Materials except as permitted by applicable law;
+ remove any copyright or other proprietary notices from the Materials;
+ transfer the Materials to another person;
+ remove or alter any embedded authorship and identification information.
+ Users agree to prevent any unauthorized copying of the Materials. Sionasys may terminate this license at any time if a user is in breach
of the terms of this Agreement. Upon termination, users shall destroy the Materials immediately.
Ownership of Materials
Materials are copyrighted and protected by copyright and other laws. They may not be modified, published, copied, reproduced, uploaded, posted, distributed, or transmitted in any way without Sionasys's prior written permission. Except as expressly provided herein, Sionasys and its suppliers do not grant any express or implied right to users of any copyrights, trademarks, patents, or trade secret information. Other rights may be granted to users by Sionasys in writing or incorporated elsewhere in the materials.
Performance ratings and tests are measured using specific computer systems and/or components. They reflect the approximate performance of Sionasys products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. Buyers should consult other sources of information to evaluate the performance of systems or components they consider purchasing.
Sionasys is a trademark or registered trademark of Sionasys Systems India. Sionasys's trademarks may be used publicly only with Sionasys's express written permission. Fair use of Sionasys's trademarks in promotion and advertising of Sionasys's products requires proper acknowledgement. Other names and brands may be claimed as the property of others.
Use of any software downloaded from this Site shall be governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. All such software is the copyrighted work of Sionasys and/or its suppliers. You may not download or install any Software that is accompanied by or includes a license agreement unless you have read and accepted the terms.
REDISTRIBUTION OR REPRODUCTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE LICENSE AGREEMENT.
Sionasys does not want to receive confidential or proprietary information from users through this Site. Except as otherwise agreed in writing with an authorized Sionasys representative, any material, communication or other information you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Sionasys will have no obligations with respect to the Communications.
Sionasys and its designees will be free to copy, disclose, incorporate, distribute and otherwise use the Communications and all data, images, text, sound, and other things embodied therein for any and all purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, defamatory, obscene, pornographic, threatening, libelous, or other material that would violate any law.
Applicable Laws for Accessing Our Website Content
This Site is controlled by Sionasys from its offices in San Jose, California. Sionasys makes no representation that materials in the Site are available or appropriate for use in other locations. Access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations are responsible for compliance with applicable local laws. You may not export or use the materials in violation of U.S. export laws and/or regulations. Any claim relating to the materials shall be construed under and governed by the laws of the State of California.
Links To Other Websites
If this Site links to any third party website(s), the linked site(s) are not under the control of Sionasys and Sionasys is not responsible for the contents thereof. Sionasys reserves the right to terminate any link or linking program at any time. Sionasys does not endorse products or companies to which it links. Sionasys reserves the right to note as such on its websites. If you decide to access any third party site(s) linked to this Site, you do so entirely at your own risk.
Use of Personally Identifiable Information
Purchasing Sionasys Products Offer and Acceptance
Sionasys Computer, Inc.'s (hereinafter "Seller's") invoice, including these Standard Terms and Conditions of Sale printed thereon, shall constitute an offer to Buyer for the sale of Seller's goods which shall be deemed accepted by Buyer upon the delivery and non-rejection of Seller's goods. An acceptance shall constitute Buyer's consent to the terms and conditions stated on the invoice, which are in lieu of and supercede any and all terms and conditions stated on the Buyer's purchase order or other documents provided by the Buyer.
Terms of Payment
All payments shall be made to Seller in India or another location if so requested by Seller, on or before the due date as stipulated on the invoice. All shipments and deliveries are subject to approval of Buyer's credit standing by Seller. Seller reserves the right to decline or postpone shipments for any reason except upon receipt and acceptance of payment or upon terms and conditions acceptable to Seller.
Prices for Seller's products shall be those stated on the front side of the invoice, which unless otherwise stated, do not include costs incurred for special packaging, shipping, or taxes. If prices are contingent on the purchase of a minimum quantity that is not met by the Buyer, Seller shall have the right to adjust the price accordingly.
FOB and Risk of Loss
All shipments covered by this acceptance are FOB Seller's facility. Seller's liability for delivery shall terminate upon delivery to the carrier, at which time the Buyer assumes all responsibility for damage to or loss of products.
Technical Assistance or Advice
Any technical assistance or advice offered by Seller in regard to the use of any product or service provided in connection with Buyer's purchases is given free of charge and as an accommodation to the Buyer. Seller shall not be held liable for the content of or Buyer's use of such technical assistance or advice, nor shall any statement made by any sales. representative in connection with the products or services constitute a representation or warranty, express or implied .
Limitation of Liability
SELLER SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ON ITS PART WHICH IS DUE TO CAUSES BEYOND ITS CONTROL. THE LIABILITY OF SELLER, IF ANY, ARISING OUT OF AN AGREEMENT TO PURCHASE OR OTHERWISE WITH REGARD TO ANY GOOD FOR ANY AND ALL CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES, WHETHER ARISING FROM SELLER'S NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, OR OTHERWISE SHALL NOT EXCEED THE TOTAL PRICE FOR THE GOODS UNDER THIS AGREEMENT.
IN NO EVENT SHALL SELLER BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE SELLER'S PRODUCTS OR DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS. SELLER SHALL NOT BE LIABLE FOR ANY HARDWARE, SOFTWARE, OR DATA STORED OR USED WITH ANY PRODUCT, INCLUDING WITHOUT LIMITATION THE COSTS OF REPAIRING, REPLACING, INTEGRATING, INSTALLING OR RECOVERING SUCH HARDWARE, SOFTWARE OR DATA.
All sales, transactions, and/or disputes between Seller and Buyers shall be governed by and construed in accordance with the laws of the State of California, as well as applicable federal statutes of the United States of America.
Jurisdiction and Venue
The Jurisdiction of India shall be the exclusive venue for the resolution of any disputes between Seller and Buyer arising from any invoice, any agreement to purchase or otherwise. Buyer's acceptance shall constitute consent to the jurisdiction and venue of the courts of India. The prevailing party shall be entitled to a reasonable compensation of attorney's fees, legal expenses, and costs.
As to all of Seller's Products, unless otherwise qualified, the term "Life Expectancy" as noted on attached performance specification or quotation, if any, is not a statement of guaranteed life, but rather, is Seller's best estimate of the anticipated performance of the unit under normal operating conditions. Claims for defective workmanship or material must be made within one year from the original date of shipment or 2,000 hours of operation, whichever first occurs.
In case of any justifiable claim, Seller will either repair or replace the defective goods when returned, but no goods shall be returned without Seller's consent. No claim shall be made at any time for labor or damages, direct or indirect, alleged to have been caused by defects in any product. The remedies stated on the invoice are exclusive and Buyer waives all other remedies it may have in law or equity.
Conditions of Product Use
As to all of Seller's products, unless specifically otherwise agreed to by Seller in writing, Buyer acknowledges that products/goods sold by the Seller are intended for uses only as stated on Seller's invoice.