ii
The information in this doc ment is s bject to change witho t notice. Unless the explicit written permission of R byTech Corporation, this doc ment in
whole or in part shall not be replicated or modified or amended or transmitted, in any from, or by any means man al, electric, electronic, electromagnetic,
mechanical, optical or otherwise for any p rpose.
DURATION OF HARDWARE WARRANTY
HARDWARE: In accordance with the provisions described nder, R byTech Corporation (hereinafter called “R byTech”) warrants its hardware prod cts
(hereinafter referred to as "Prod ct") specified herein to be for a period of twelve (12) months from the date of shipment.
Sho ld a Prod ct fail to perform d ring the effective warranty period as described above, R byTech shall replace the defective Prod ct or part, or delivering
a f nctionally eq ivalent Prod ct or part in receipt of c stomer’s req est, provided that the c stomer complies with the ret rn material a thorization (RMA)
proced res and ret rns all defective Prod ct prior to installation of the replacements to R byTech.
All defective Prod cts m st be ret rned to R byTech with iss ance of a Ret rn Material A thorization n mber (RMA n mber) assigned to the reseller from
whom the end c stomer originally p rchased the Prod ct. The reseller is responsible for ens ring the shipments are ins red, with the transportation
charges prepaid and the RMA n mber clearly marked on the o tside of the package. R byTech will not accept collect shipments or those ret rned witho t
an RMA n mber.
R byTech shall not be responsible for any software, firmware, information or memory data contained in, stored on or integrated with any Prod ct ret rned to
R byTech p rs ant to any warranty.
EXCLUSIONS. The warranty as mentioned above does not apply to the following conditions, in R byTech’s j dgment, it contains (1) c stomer does not
comply with the man al instr ctions offered by R byTech in installation, operation, repair or maintenance, (2) Prod ct fails d e to damage from n s al
external or electrical stress, shipment, storage, accident, ab se or mis se, (3) Prod ct is sed in an extra hazardo s environment or activities, (4) any serial
n mber on the Prod ct has been removed or defaced, (5) this warranty will be of no effect if the repair is via anyone other than R byTech or the approved
agents, or (6) In the event of any fail res or delays by either party hereto in the performance of all or any part of this agreement d e to acts of God, war, riot,
ins rrection, national emergency, strike, embargo, storm, earthq ake, or other nat ral forces, or by the acts of anyone not a party to this agreement, or by
the inability to sec re materials or transportation, then the party so affected shall be exec ted from any f rther performance for a period of time after the
occ rrence as may reasonably be necessary to remedy the effects of that occ rrence, b t in no event more than sixty (60) days. If any of the stated events
sho ld occ r, Party A shall promptly notify Party B in writing as soon as commercially practicable, b t in no event more than twenty (20) b siness days and
provide doc mentation evidencing s ch occ rrence. In no event shall the maxim m liability of R byTech nder this warranty exceed the p rchase price of
the Prod ct covered by this warranty.
DISCLAIMER. EXCEPT AS SPECIFICALLY PROVIDED ABOVE AS REQUIRED “AS IS” AND THE WARRANTIES AND REMEDIES STATED ABOVE ARE
EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. ANY AND ALL OTHER WARRANTIES, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR THIRD PARTY RIGHTS ARE
EXPRESSLY EXCLUDED.
RUBYTECH SOFTWARE LICENSE AGREEMENT
NOTICE: Please caref lly read this Software License Agreement (hereinafter referred to as this “Agreement”) before copying or sing the accompanying
software or installing the hardware nit with pre-enabled software or firmware (each of which is referred to as “Software” in this Agreement). BY COPYING
OR USING THE SOFTWARE, YOU ACCEPT ALL OF THE PROVISIONS AND CONDITIONS OF THIS AGREEMENT. THE PROVISIONS EXPRESSED IN
THIS AGREEMENT ARE THE ONLY PROVISION UNDER WHICH RUBYTECH WILL PERMIT YOU TO USE THE SOFTWARE. If yo do not accept these
provisions and conditions, please immediately ret rn the n sed software, man al and the related prod ct. Written approval is NOT a prereq isite to the
validity or enforceability of this Agreement and no solicitation of any s ch written approval by or on behalf of R byTech shall be deemed as an inference to
the contrary.
LICENSE GRANT. The end ser (hereinafter referred to as “Licensee”) of the Software is granted a personal, non-s blicensable, nonexcl sive,
nontransferable license by R byTech Corporation (“R byTech”): (1) To se the R byTech’s software (“Software”) in object code form solely on a single
central processing nit owned or leased by Licensee or otherwise embedded in the eq ipment offered by R byTech. (2) To copy the Software only for
back p p rposes in s pport of a thorized se of the Software. (3) To se and copy the doc mentation related to the Software solely in s pport of a thorized
se of the Software by Licensee. The License applies to the Software only except other R byTech’s software or hardware prod cts. Witho t the prior written
consent of R byTech, Licensee has no right to receive any so rce code or design doc mentation with respect to the Software.
RESTRICTIONS ON USE; RESERVATION OF RIGHTS. The Software and related doc mentation are protected nder copyright laws. R byTech and/or its
licensors retain all title and ownership in both the Software and its related doc mentation, incl ding any revisions made by R byTech. The copyright notice
m st be reprod ced and incl ded with any copy of any portion of the Software or related doc mentation. Except as expressly a thorized above, Licensee
shall not copy or transfer the Software or related doc mentation, in whole or in part. Licensee also shall not modify, translate, decompile, disassemble, se
for any competitive analysis, reverse compile or reverse assemble all or any portion of the Software, related doc mentation or any copy. The Software and
related doc mentation embody R byTech’s confidential and proprietary intellect al property. Licensee is not allowed to disclose the Software, or any
information abo t the operation, design, performance or implementation of the Software and related doc mentation that is confidential to R byTech to any
third party. Software and related doc mentation may be delivered to yo s bject to export a thorization req ired by governments of Taiwan and other
co ntries. Yo agree that yo will not export or re-export any Software or related doc mentation witho t the proper export licenses req ired by the
governments of affected co ntries.
LIMITED SOFTWARE WARRANTY. R byTech warrants that any media on which the Software is recorded will be free from defects in materials nder
normal se for a period of twelve (12) months from date of shipment. If a defect in any s ch media sho ld occ r d ring the effective warranty period, the
media may be ret rned to R byTech, then R byTech will replace the media. R byTech shall not be responsible for the replacement of media if the fail re of
the media res lts from accident, ab se or misapplication of the media.
EXCLUSIONS. The warranty as mentioned above does not apply to the Software, which (1) c stomer does not comply with the man al instr ctions offered
by R byTech in installation, operation, or maintenance, (2) Prod ct fails d e to damage from n s al external or electrical stress, shipment, storage,
accident, ab se or mis se, (3) Prod ct is sed in an extra hazardo s environment or activities, (4) any serial n mber on the Prod ct has been removed or
defaced, or (5) this warranty will be of no effect if the repair is via anyone other than R byTech or the a thorized agents. The maxim m liability of R byTech
nder this warranty is confined to the p rchase price of the Prod ct covered by this warranty.