timocco-online Disclaimer
PRODUCT WARRANTY AND DISCLAIMER
Timocco Ltd. is providing this product "as is", and does not other than as specifically set forth below, provide any warranty whatsoever, whether express, implied, or statutory.
The use of the product is subject to the compliance of the license terms attached to the product.
This product is not intended for children under the age of 2, and should be attended as directed, as children under the age of 2 should be accompanied by an adult.
This product is provided with a camera. Warranty with respect to camera is subject to the warranty terms (if any) provided by the manufacturer of the camera. Timocco provides no warranty with respect to the camera other than the warranty provided by the manufacturer of the camera.
Timocco warrants to you that, for a period of one (1) year from the date of delivery of the product to you (the "Warranty Period"), the product will be free from defects in material or workmanship under normal operation. This limited warranty is only for the benefit of the original purchaser and is not transferable.
No other person may act on your behalf for the purpose of claiming or exercising any rights or benefits under or in connection with this limited warranty. During the Warranty Period, Timocco, at its expense and in its sole discretion, will repair or replace a product if Timocco has determined, in its sole discretion, that the product has a covered defect and that this defect happen solely by Timocco, provided that you first notifies Timocco of any such defect, furnishes Timocco with a proof of purchase, and return the product, shipping charges prepaid, to Timocco. If, upon examination of the returned product, Timocco does not substantiate the defect claimed by you, or determines that the defect is not covered under this limited warranty, Timocco will not be required to repair or replace the product, but may instead reship the product to you, in which case you shall be responsible for paying Timocco’s usual charges for unpacking, testing, and repacking the product for reshipment to you. You shall bear the risk of loss or damage in transit to any product returned by you to Timocco, or any returned product not found to be defective or covered under this warranty and reshipped by Timocco to you. In the event Timocco repairs or replaces a defective product, the repaired or replacement product will be covered under this limited warranty for the remainder of the original Warranty Period on the defective product. If Timocco is unable to repair or replace a defective product, your exclusive remedy shall be the refund of the original purchase price of the defective product.
THE LIMITED WARRANTY SPECIFIED IN ABOVE, STATES THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY BY, OR ANY DEFECTS IN, THE PRODUCT, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE. Your sole remedies, and Timocco's sole liabilities, in connection with the product shall be limited to those expressly set forth in this disclaimer.
In no event shall Timocco or any of its directors, officers, employees or representatives (together, the "Timocco's Parties") be liable for any special, exemplary, indirect, incidental or consequential damages (including loss of use, data, business, revenues, profits or other economic advantage), however caused, arising under or in connection with the product, even if the Timocco or the Timocco's Parties have been advised of the possibility or probability of such damages or that such damages were foreseen, and even if any exclusive remedies provided in this disclaimer fail of their essential purpose. Without derogating from the above said, in no event shall Timocco or the Timocco's Parties be liable for any unforeseen damages.
TIMOCCO LTD. ("TIMOCCO") LICENSES
THE ATTACHED OR ENCLOSED SOFTWARE (AS APPLICABLE) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT AND PAID THE LICENSE FEES IN FULL.
PLEASE READ THE TERMS CAREFULLY BEFORE ACCEPTING THIS NOTICE, OPENING THIS PACKAGE OR USING THE SOFTWARE (AS APPLICABLE), AS ACCEPTING THIS NOTICE, OPENING THE PACKAGE OR USING THE SOFTWARE WILL INDICATE YOUR AGREEMENT TO THEM.
IF YOU DO NOT AGREE TO THE THESE TERMS THEN TIMOCCO IS UNWILLING TO LICENSE THE SOFTWARE TO YOU.
IN WHICH CASE YOU SHOULD RETURN THE FULL PRODUCT WITH PROOF OF PURCHASE.
LICENSE AGREENENT (the “Agreement”)
The software which accompanies this license (the “Software”) is the property of Timocco and is protected by copyright law. The software will remain the property of Timocco, and you will have certain rights to use the software as set forth herein. Your rights and obligations with respect to the use of the Software are as follows:
License and Restrictions:
Subject to the payment of the license fee, Timocco grants you, and you accept, a limited, personal, nonexclusive, nonsublicensable and nontransferable license, to use the Software solely for the provision of the Product (as defined below) in accordance with the documentation accompanying the Software (the "Documentation"; and the "License", respectively).
For the purpose of this agreement "Product" shall mean [Timocco proprietary technology and applications] Without derogating from the generality of the aforesaid, the Software may be used for the use of the Product only and you may not make any commercial use of the Software, nor grant any third party any right to use the Software, whether or not for consideration, unless otherwise approved in writing by Timocco.
Your access to the Software shall at no time exceed the number of software licenses and or concurrent users you have purchased and are under valid license agreement Other than the rights expressly licensed hereunder to you, no other rights or interests whatsoever in the Software are transferred or granted to you.
Without limiting the foregoing, you may not, and may not permit or aid others to: (i) use the Software for any purpose other than the purpose explicitly set forth hereunder; (ii) copy, alter or reproduce the Software or the documentation which accompanies the Software; (iii) modify, distribute, assign, pledgeor transfer (by any means), display, sublicense, rent, lease or otherwise share the rights granted under this Agreement; (iv) reverse engineer, de-compile, modify, revise or disassemble the Software or any part thereof, or create derivative works thereof, or extract source code from the object code of the Software; or (v) use the Software in a service bureau or timesharing environment.
The Software is licensed as a single product; You may not separate its component parts for use on more than one computer or for any other purpose.
The use of the Software except as expressly permitted hereunder is expressly prohibited, and constitutes an illegal infringement of patents, copyright and other rights of Timocco in and to the Software.
Timocco reserves all other rights not expressly granted to you hereunder, including without limitation all rights of modification, disassembly and decompilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are solely reserved to Timocco.
Timocco may deliver the Software in compact disc ("CD") format.
Proprietary Rights You acknowledge that Timocco owns or has the right to distribute the Software.
You further acknowledge that the Software is covered by proprietary rights or other rights and embodies Timocco's or third party's copyrights and trade secrets.
All right, title and interest in the Software including without limitation, all copyrights, trade secrets, and other intellectual property rights pertaining thereto shall remain vested in Timocco and this Agreement does not convey to you any interest in or to the Software, except for a limited right of use as set forth herein, terminable in accordance with the terms of this Agreement.
Subject to the license rights granted hereunder, no title to or other right in the Software is transferred to you under this Agreement.
You will not alter, remove, modify, or suppress any proprietary notices placed on or contained within the Software.
You will also ensure that all such proprietary notices and confidentiality legends appear on all copies of the Software.
You acknowledge that the Software contains confidential and proprietary information and trade secrets of Timocco and agree that any unauthorized disclosure, use, or copying of the Software may cause Timocco serious financial loss.
Accordingly, you shall treat the Software as confidential and arrange proper and secure storage of said Software in the same manner as you own confidential material of like nature.
Limited Warranty:
Timocco warrants that the Software provided under this licesnes meet its standard written specifications and descriptions, as it shall be in effect at the time of license of such Software for a period of ninty (90) from the date the Software was provided (the “Warranty Period”).
During the Warranty Period, in the event that the Software shall not comply with the limited warranty set forth above, as the licensee’s sole remedy, Timocco shall, in its sole discretion, either repair or replace such defective Software, for no additional cost.
Timocco does not warrant that the Software shall be error free or that it shall meet your requirements.
THE WARRANTIES IN THIS AGREEMENT WILL NOT APPLY IF THE SOFTWARE IS MODIFIED IN ANY WAY, OR USED IN ANY WAY INCONSISTENT WITH THIS AGREEMENT.
THIS SECTION STATES THE SOLE WARRANTY OF TIMOCCO RELATING TO THE SOFTWARE.
EXCEPT FOR THE WARRANTY SET FORTH ABOVE, THE SOFTWARE CD AND THE SOFTWARE ARE LICENSED "AS IS", AND ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
Disclaimer of Damages: TIMOCCO’S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, COST OR DAMAGE RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE SOFTWARE UNDER THIS AGREEMENT OR LICENSE (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE LICENSE FEE OF THE SOFTWARE AND WILL BE YOUR EXCLUSIVE REMADY.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, TIMOCCO WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES OR LOSSES OF ANY KIND INCLUDING LOST DATA OR PROFITS, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limited warranty, exclusive remedies and limited liability provisions set forth herein are fundamental elements of this Agreement and the License, and you accept and confirm that Timocco would not be able to provide the Software on an economic basis without such limitations.
Termination: Without prejudice to any other rights, Timocco may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement.
In such event, you must destroy all copies of the Software and all of its component parts.
General: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Israel, without regard to any conflicts of laws provisions therein, and any dispute arising out of or in connection with this Agreement is hereby submitted to the sole and exclusive jurisdiction of the competent courts in Tel Aviv, Israel.
This Agreement may only be modified by a written document which has been signed by both you and Timocco.
You may not assign this Agreement, and any rights or obligation hereunder, in whole or in part without the prior written consent of Timocco, and any attempt by you to so assign this Agreement shall be deemed null and void.
Timocco expressly reserves the right to assign this Agreement to an acquirer of or successor to substantially all of its business assets related to this Agreement and/or to the Software.
Timocco Ltd. is providing this product "as is", and does not other than as specifically set forth below, provide any warranty whatsoever, whether express, implied, or statutory.
The use of the product is subject to the compliance of the license terms attached to the product.
This product is not intended for children under the age of 2, and should be attended as directed, as children under the age of 2 should be accompanied by an adult.
This product is provided with a camera. Warranty with respect to camera is subject to the warranty terms (if any) provided by the manufacturer of the camera. Timocco provides no warranty with respect to the camera other than the warranty provided by the manufacturer of the camera.
Timocco warrants to you that, for a period of one (1) year from the date of delivery of the product to you (the "Warranty Period"), the product will be free from defects in material or workmanship under normal operation. This limited warranty is only for the benefit of the original purchaser and is not transferable.
No other person may act on your behalf for the purpose of claiming or exercising any rights or benefits under or in connection with this limited warranty. During the Warranty Period, Timocco, at its expense and in its sole discretion, will repair or replace a product if Timocco has determined, in its sole discretion, that the product has a covered defect and that this defect happen solely by Timocco, provided that you first notifies Timocco of any such defect, furnishes Timocco with a proof of purchase, and return the product, shipping charges prepaid, to Timocco. If, upon examination of the returned product, Timocco does not substantiate the defect claimed by you, or determines that the defect is not covered under this limited warranty, Timocco will not be required to repair or replace the product, but may instead reship the product to you, in which case you shall be responsible for paying Timocco’s usual charges for unpacking, testing, and repacking the product for reshipment to you. You shall bear the risk of loss or damage in transit to any product returned by you to Timocco, or any returned product not found to be defective or covered under this warranty and reshipped by Timocco to you. In the event Timocco repairs or replaces a defective product, the repaired or replacement product will be covered under this limited warranty for the remainder of the original Warranty Period on the defective product. If Timocco is unable to repair or replace a defective product, your exclusive remedy shall be the refund of the original purchase price of the defective product.
THE LIMITED WARRANTY SPECIFIED IN ABOVE, STATES THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY BY, OR ANY DEFECTS IN, THE PRODUCT, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE. Your sole remedies, and Timocco's sole liabilities, in connection with the product shall be limited to those expressly set forth in this disclaimer.
In no event shall Timocco or any of its directors, officers, employees or representatives (together, the "Timocco's Parties") be liable for any special, exemplary, indirect, incidental or consequential damages (including loss of use, data, business, revenues, profits or other economic advantage), however caused, arising under or in connection with the product, even if the Timocco or the Timocco's Parties have been advised of the possibility or probability of such damages or that such damages were foreseen, and even if any exclusive remedies provided in this disclaimer fail of their essential purpose. Without derogating from the above said, in no event shall Timocco or the Timocco's Parties be liable for any unforeseen damages.
TIMOCCO LTD. ("TIMOCCO") LICENSES
THE ATTACHED OR ENCLOSED SOFTWARE (AS APPLICABLE) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT AND PAID THE LICENSE FEES IN FULL.
PLEASE READ THE TERMS CAREFULLY BEFORE ACCEPTING THIS NOTICE, OPENING THIS PACKAGE OR USING THE SOFTWARE (AS APPLICABLE), AS ACCEPTING THIS NOTICE, OPENING THE PACKAGE OR USING THE SOFTWARE WILL INDICATE YOUR AGREEMENT TO THEM.
IF YOU DO NOT AGREE TO THE THESE TERMS THEN TIMOCCO IS UNWILLING TO LICENSE THE SOFTWARE TO YOU.
IN WHICH CASE YOU SHOULD RETURN THE FULL PRODUCT WITH PROOF OF PURCHASE.
LICENSE AGREENENT (the “Agreement”)
The software which accompanies this license (the “Software”) is the property of Timocco and is protected by copyright law. The software will remain the property of Timocco, and you will have certain rights to use the software as set forth herein. Your rights and obligations with respect to the use of the Software are as follows:
License and Restrictions:
Subject to the payment of the license fee, Timocco grants you, and you accept, a limited, personal, nonexclusive, nonsublicensable and nontransferable license, to use the Software solely for the provision of the Product (as defined below) in accordance with the documentation accompanying the Software (the "Documentation"; and the "License", respectively).
For the purpose of this agreement "Product" shall mean [Timocco proprietary technology and applications] Without derogating from the generality of the aforesaid, the Software may be used for the use of the Product only and you may not make any commercial use of the Software, nor grant any third party any right to use the Software, whether or not for consideration, unless otherwise approved in writing by Timocco.
Your access to the Software shall at no time exceed the number of software licenses and or concurrent users you have purchased and are under valid license agreement Other than the rights expressly licensed hereunder to you, no other rights or interests whatsoever in the Software are transferred or granted to you.
Without limiting the foregoing, you may not, and may not permit or aid others to: (i) use the Software for any purpose other than the purpose explicitly set forth hereunder; (ii) copy, alter or reproduce the Software or the documentation which accompanies the Software; (iii) modify, distribute, assign, pledgeor transfer (by any means), display, sublicense, rent, lease or otherwise share the rights granted under this Agreement; (iv) reverse engineer, de-compile, modify, revise or disassemble the Software or any part thereof, or create derivative works thereof, or extract source code from the object code of the Software; or (v) use the Software in a service bureau or timesharing environment.
The Software is licensed as a single product; You may not separate its component parts for use on more than one computer or for any other purpose.
The use of the Software except as expressly permitted hereunder is expressly prohibited, and constitutes an illegal infringement of patents, copyright and other rights of Timocco in and to the Software.
Timocco reserves all other rights not expressly granted to you hereunder, including without limitation all rights of modification, disassembly and decompilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are solely reserved to Timocco.
Timocco may deliver the Software in compact disc ("CD") format.
Proprietary Rights You acknowledge that Timocco owns or has the right to distribute the Software.
You further acknowledge that the Software is covered by proprietary rights or other rights and embodies Timocco's or third party's copyrights and trade secrets.
All right, title and interest in the Software including without limitation, all copyrights, trade secrets, and other intellectual property rights pertaining thereto shall remain vested in Timocco and this Agreement does not convey to you any interest in or to the Software, except for a limited right of use as set forth herein, terminable in accordance with the terms of this Agreement.
Subject to the license rights granted hereunder, no title to or other right in the Software is transferred to you under this Agreement.
You will not alter, remove, modify, or suppress any proprietary notices placed on or contained within the Software.
You will also ensure that all such proprietary notices and confidentiality legends appear on all copies of the Software.
You acknowledge that the Software contains confidential and proprietary information and trade secrets of Timocco and agree that any unauthorized disclosure, use, or copying of the Software may cause Timocco serious financial loss.
Accordingly, you shall treat the Software as confidential and arrange proper and secure storage of said Software in the same manner as you own confidential material of like nature.
Limited Warranty:
Timocco warrants that the Software provided under this licesnes meet its standard written specifications and descriptions, as it shall be in effect at the time of license of such Software for a period of ninty (90) from the date the Software was provided (the “Warranty Period”).
During the Warranty Period, in the event that the Software shall not comply with the limited warranty set forth above, as the licensee’s sole remedy, Timocco shall, in its sole discretion, either repair or replace such defective Software, for no additional cost.
Timocco does not warrant that the Software shall be error free or that it shall meet your requirements.
THE WARRANTIES IN THIS AGREEMENT WILL NOT APPLY IF THE SOFTWARE IS MODIFIED IN ANY WAY, OR USED IN ANY WAY INCONSISTENT WITH THIS AGREEMENT.
THIS SECTION STATES THE SOLE WARRANTY OF TIMOCCO RELATING TO THE SOFTWARE.
EXCEPT FOR THE WARRANTY SET FORTH ABOVE, THE SOFTWARE CD AND THE SOFTWARE ARE LICENSED "AS IS", AND ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
Disclaimer of Damages: TIMOCCO’S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, COST OR DAMAGE RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE SOFTWARE UNDER THIS AGREEMENT OR LICENSE (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE LICENSE FEE OF THE SOFTWARE AND WILL BE YOUR EXCLUSIVE REMADY.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, TIMOCCO WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES OR LOSSES OF ANY KIND INCLUDING LOST DATA OR PROFITS, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limited warranty, exclusive remedies and limited liability provisions set forth herein are fundamental elements of this Agreement and the License, and you accept and confirm that Timocco would not be able to provide the Software on an economic basis without such limitations.
Termination: Without prejudice to any other rights, Timocco may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement.
In such event, you must destroy all copies of the Software and all of its component parts.
General: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Israel, without regard to any conflicts of laws provisions therein, and any dispute arising out of or in connection with this Agreement is hereby submitted to the sole and exclusive jurisdiction of the competent courts in Tel Aviv, Israel.
This Agreement may only be modified by a written document which has been signed by both you and Timocco.
You may not assign this Agreement, and any rights or obligation hereunder, in whole or in part without the prior written consent of Timocco, and any attempt by you to so assign this Agreement shall be deemed null and void.
Timocco expressly reserves the right to assign this Agreement to an acquirer of or successor to substantially all of its business assets related to this Agreement and/or to the Software.
