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- “Seller” means 3BRC Inc. registered in the Province of Ontario, Canada with its permitted successors and assigns.
- “Purchaser” means the buyer executing this Agreement together with its permitted successors and assigns.
- “Product” means the vGIS HoloLens adapter, vGIS light shield, and associated system components. Seller may make available additional products for sale to Purchaser from time to time, such as components and electronics, which if made available to Purchaser shall be included in “Products.”
- “Bodily Injury and Property Damage Loss(es)” means all expense, liability, and loss arising from injury to persons or damage to property caused by Products, but specifically excluding any special or consequential expense, liability, or loss.
1 IP Ownership
This agreement does not transfer ownership of any patents, trademarks, copyrights, trade secrets, or know-how (together, the “Intellectual Property”) owned by either party or owned by either party’s licensor. Each party retains full ownership of its respective Intellectual Property, and neither party is authorized to use the other party’s Intellectual Property except as expressly provided herein.
2 No Reverse Engineering
Except as expressly provided herein, Purchaser shall not (a) reverse engineer samples furnished by Seller, (b) replicate or create derivatives of such samples for personal or commercial purposes, or (c) file any patent application containing a claim to any subject matter derived from Product without the prior written consent of Seller.
3 Use at Your Own Risk
Purchaser expressly acknowledges and agrees that use of Product is at its sole risk. Seller shall not be liable or responsible for: (a) any personal injury or consequential damage of any nature whatsoever, however caused, that may be suffered or sustained by Purchaser or by any other person; or (b) any loss or damage of any nature whatsoever, howsoever caused, to any property belonging to Seller or to any other person from the use of Product.
Except for the published 90-days standard warranty covering parts and labor, Seller makes no warranties to Purchaser regarding any Product. Under no circumstances shall Seller be liable to Purchaser for punitive, incidental, or consequential damages, regardless of whether due to circumstances foreseeable by Seller. THE FOREGOING WARRANTY IS EXPRESSLY MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Purchaser understands and agrees that Seller is not obligated to provide Purchaser any support concerning the use of Product. However, if Purchaser has a question about Product, Purchaser is encouraged to contact Seller via email.
6 Refunds and Exchanges
All products are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued.
Purchaser shall defend, indemnify, and hold Seller harmless from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from the use of Product.
8 Limitation On Liability
PURCHASER and SELLER each hereby waives, to the fullest extent permitted by law, and to the extent not already waived IN this Agreement, any right or claim for any special, punitive, consequential, OR indirect damages against the other and agree that if there is a dispute, a Party shall be limited to the recovery of “Actual Damages” sustained by it. As used herein, “Actual Damages” means direct and out-of-pocket costs and specifically excludes claims for loss of customers, prospective profits, or anticipated sales, or for other consequential, incidental, or indirect damages.