ii
The information in this document is subject to change without notice. Un ess the exp icit written permission of RubyTech Corporation, this document in
who e or in part sha not be rep icated or modified or amended or transmitted, in any from, or by any means manua , e ectric, e ectronic, e ectromagnetic,
mechanica , optica or otherwise for any purpose.
DURATION OF HARDWARE WARRANTY
HARDWARE: In accordance with the provisions described under, RubyTech Corporation (hereinafter ca ed “RubyTech”) warrants its hardware products
(hereinafter referred to as "Product") specified herein to be for a period of twe ve (12) months from the date of shipment.
Shou d a Product fai to perform during the effective warranty period as described above, RubyTech sha rep ace the defective Product or part, or de ivering
a functiona y equiva ent Product or part in receipt of customer’s request, provided that the customer comp ies with the return materia authorization (RMA)
procedures and returns a defective Product prior to insta ation of the rep acements to RubyTech.
A defective Products must be returned to RubyTech with issuance of a Return Materia Authorization number (RMA number) assigned to the rese er from
whom the end customer origina y purchased the Product. The rese er is responsib e for ensuring the shipments are insured, with the transportation
charges prepaid and the RMA number c ear y marked on the outside of the package. RubyTech wi not accept co ect shipments or those returned without
an RMA number.
RubyTech sha not be responsib e for any software, firmware, information or memory data contained in, stored on or integrated with any Product returned to
RubyTech pursuant to any warranty.
EXCLUSIONS. The warranty as mentioned above does not app y to the fo owing conditions, in RubyTech’s judgment, it contains (1) customer does not
comp y with the manua instructions offered by RubyTech in insta ation, operation, repair or maintenance, (2) Product fai s due to damage from unusua
externa or e ectrica stress, shipment, storage, accident, abuse or misuse, (3) Product is used in an extra hazardous environment or activities, (4) any seria
number on the Product has been removed or defaced, (5) this warranty wi be of no effect if the repair is via anyone other than RubyTech or the approved
agents, or (6) In the event of any fai ures or de ays by either party hereto in the performance of a or any part of this agreement due to acts of God, war, riot,
insurrection, nationa emergency, strike, embargo, storm, earthquake, or other natura forces, or by the acts of anyone not a party to this agreement, or by
the inabi ity to secure materia s or transportation, then the party so affected sha be executed from any further performance for a period of time after the
occurrence as may reasonab y be necessary to remedy the effects of that occurrence, but in no event more than sixty (60) days. If any of the stated events
shou d occur, Party A sha prompt y notify Party B in writing as soon as commercia y practicab e, but in no event more than twenty (20) business days and
provide documentation evidencing such occurrence. In no event sha the maximum iabi ity of RubyTech under this warranty exceed the purchase price of
the Product 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: P ease carefu y read this Software License Agreement (hereinafter referred to as this “Agreement”) before copying or using the accompanying
software or insta ing the hardware unit with pre-enab ed 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 you do not accept these
provisions and conditions, p ease immediate y return the unused software, manua and the re ated product. Written approva is NOT a prerequisite to the
va idity or enforceabi ity of this Agreement and no so icitation of any such written approva by or on beha f of RubyTech sha be deemed as an inference to
the contrary.
LICENSE GRANT. The end user (hereinafter referred to as “Licensee”) of the Software is granted a persona , non-sub icensab e, nonexc usive,
nontransferab e icense by RubyTech Corporation (“RubyTech”): (1) To use the RubyTech’s software (“Software”) in object code form so e y on a sing e
centra processing unit owned or eased by Licensee or otherwise embedded in the equipment offered by RubyTech. (2) To copy the Software on y for
backup purposes in support of authorized use of the Software. (3) To use and copy the documentation re ated to the Software so e y in support of authorized
use of the Software by Licensee. The License app ies to the Software on y except other RubyTech’s software or hardware products. Without the prior written
consent of RubyTech, Licensee has no right to receive any source code or design documentation with respect to the Software.
RESTRICTIONS ON USE; RESERVATION OF RIGHTS. The Software and re ated documentation are protected under copyright aws. RubyTech and/or its
icensors retain a tit e and ownership in both the Software and its re ated documentation, inc uding any revisions made by RubyTech. The copyright notice
must be reproduced and inc uded with any copy of any portion of the Software or re ated documentation. Except as express y authorized above, Licensee
sha not copy or transfer the Software or re ated documentation, in who e or in part. Licensee a so sha not modify, trans ate, decompi e, disassemb e, use
for any competitive ana ysis, reverse compi e or reverse assemb e a or any portion of the Software, re ated documentation or any copy. The Software and
re ated documentation embody RubyTech’s confidentia and proprietary inte ectua property. Licensee is not a owed to disc ose the Software, or any
information about the operation, design, performance or imp ementation of the Software and re ated documentation that is confidentia to RubyTech to any
third party. Software and re ated documentation may be de ivered to you subject to export authorization required by governments of Taiwan and other
countries. You agree that you wi not export or re-export any Software or re ated documentation without the proper export icenses required by the
governments of affected countries.
LIMITED SOFTWARE WARRANTY. RubyTech warrants that any media on which the Software is recorded wi be free from defects in materia s under
norma use for a period of twe ve (12) months from date of shipment. If a defect in any such media shou d occur during the effective warranty period, the
media may be returned to RubyTech, then RubyTech wi rep ace the media. RubyTech sha not be responsib e for the rep acement of media if the fai ure of
the media resu ts from accident, abuse or misapp ication of the media.
EXCLUSIONS. The warranty as mentioned above does not app y to the Software, which (1) customer does not comp y with the manua instructions offered
by RubyTech in insta ation, operation, or maintenance, (2) Product fai s due to damage from unusua externa or e ectrica stress, shipment, storage,
accident, abuse or misuse, (3) Product is used in an extra hazardous environment or activities, (4) any seria number on the Product has been removed or
defaced, or (5) this warranty wi be of no effect if the repair is via anyone other than RubyTech or the authorized agents. The maximum iabi ity of RubyTech
under this warranty is confined to the purchase price of the Product covered by this warranty.