IMPORTANT – READ CAREFULLY BEFORE OPENING
This is a legal agreement between You (Purchaser or You) and hField Technologies, Inc.
(hField or Company). By opening this package and using this product(s), you indicate
your acceptance of the following terms and conditions.
LICENSE AGREEMENT FOR hFIELD INTELLECTUAL PROPERTY
1. License Grant. hField grants you a non-exclusive, non-transferable, perpetual license
to use the accompanying Intellectual Property (IP), including host drivers, host
applications, rmware, and circuitry layouts, with your computer(s) in conjunction with
Wi-Fire Product(s) produced by hField. The software may be installed on more than one
of your computers as long as it is only used with hField- produced Wi-Fire Products.
2. Condentiality. You agree and acknowledge that the IP contains valuable trade
secrets of hField. You may not disclose any hField IP relating to any third party. You
must treat the hField IP with at least the same degree of condentiality and care as you
keep your own condential information, but not less than reasonable care. All
obligations of condentiality shall survive the termination of this Agreement.
3. Intellectual Property. All IP subject to this License Grant shall remain the exclusive
property of hField. You agree not to attempt to reverse engineer, disassemble,
decompile, copy, modify, translate, reproduce, transfer or distribute the hField IP.
LIMITED WARRANTY
hField warrants that every Wi-Fire Product(s) is free from physical defects in
workmanship and materials for a period of one year from the date of purchase. All
warranty claims must be requested of hField, prior to the expiration of the warranty
period, by calling hField Customer Service and obtaining a Return Authorization Number
(RMA). Returns must refer to the RMA number and be accompanied by the original
proof of purchase. This warranty is not transferable by the Purchaser. Purchaser’s sole
remedy, and hField sole liability for a covered warranty defect, shall be for hField, at
its sole discretion, to either replace or repair the defective Product. Purchaser is solely
responsible for all shipping and handling charges on returned products under warranty.
These warranties are void if the applicable product has been disassembled, altered in any
way or damaged by accident, misuse, or abuse, including but not limited to, the use of
unauthorized third party software or repairs, power surges, excessive heat, or humidity.
hField warranty obligations shall not be enlarged or diminished by hField provision of
technical advice to Purchaser.
LICENSE AND LIMITED WARRANTY
Limitation of Liability. IN NO EVENT SHALL hFIELD BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT PUCHASER
MAY SUFFER DIRECTLY OR INDIRECTLY FROM THE PURCHASE OR USE OF THE
PRODUCT OR FROM USE WITH OTHER PRODUCTS. hFIELD’s MAXIMUM LIABILITY
FOR ANY CLAIM BY PURCHASER ARISING OUT OF PURCHASER’S PURCHASE AND
USE OF THIS PRODUCT SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF
THE APPLICABLE PRODUCT.
Disclaimer of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED
HEREIN, hFIELD DISCLAIMS ALL OTHER WARRANTIES WHETHER EXPRESS OR
IMPLIED, STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT
OR THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. THE REMEDIES
SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF PURCHASER
WITH RESPECT TO ANY DEFECTIVE PRODUCT.
Severability. In the event of invalidity of any provision of this Agreement, the parties
agree that such invalidity shall not aect the validity of the remaining portions of this
Agreement.
Export. You agree to not export or re-export the Products without the appropriate
United States or foreign government licenses.
Taxes. You agree to be responsible for payment of any taxes, other than HField income
taxes, resulting from this Agreement.
Patents. hField Products are protected by patents pending with the U.S. Patent Oce.
Governing Law. The laws of the State of Pennsylvania, United States of America, shall
govern this Agreement.