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  1. Limited Warranty - JSB TECH PTE LTD – Digi-Pas®

    HARDWARE WARRANTY

    JSB TECH PTE LTD – Digi-Pas®, warrants to the original user(s) or customer(s) (“User”) that the Product will be free from defects in workmanship and materials, under normal use, for one year, except for Digi-Pas® DWL3000 Series products for which two years shall apply, accept such warranty period has been extended by JSB TECH PTE LTD - Digi-Pas®, and provided any and all operating and maintenance instructions are strictly adhered, particularly when the Product are used in extreme operating environment and/or continuous use. The warranty period begins on the proved of purchase date. JSB TECH PTE LTD – Digi-Pas’s sole obligation under this warranty shall be, at JSB TECH PTE LTD – Digi-Pas’s sole option and expense, to replace or repair the Product or part, or refund the purchase price paid for the Product. JSB TECH PTE LTD - Digi-Pas® warrants any repaired or replaced Product or part through the end of the original warranty. All Products or parts that are replaced become the property of JSB TECH PTE LTD - Digi-Pas®. This warranty does not cover consumables (e.g. battery) and third party products. This Warranty shall be null and void in case of installation, connection or use with the Product of any accessory other than original JSB TECH PTE LTD - Digi-Pas® accessories.

    For the operating software and firmware required to power on and operating the Product, all provisions contained in this Limited Warranty shall apply as for hardware. For further information on the scope of the warranty coverage on pre-installed and/or computer software for a particular operation of the Product and its data, please refer to Software License Agreement.

    WARRANTY SERVICE PROCEDURE

    User is required to contact the authorised distributor of JSB TECH PTE LTD - Digi-Pas® within the applicable warranty period to obtain warranty service confirmation. The proof of original purchase date from JSB TECH PTE LTD - Digi-Pas® or its authorised distributor and a description of the defect are required to be submitted. JSB TECH PTE LTD – Digi-Pas® shall, at its solely discretion, take no responsibility for Products or parts received without a warranty service confirmation. Repaired or replacement Product(s) will be shipped to User at JSB TECH PTE LTD – Digi-Pas’s expense. The repaired product or part will be shipped as soon as reasonably possible. JSB TECH PTE LTD - Digi-Pas® shall not be responsible for any damages occurring during such shipment. JSB TECH PTE LTD - Digi-Pas® shall, at its sole discretion, decide on the location of conducting the repair, replacement or shipment activities of the Product or part under warranty.

    WARRANTY EXCLUSIVE

    This warranty does not cover physical damage to the Product or malfunctions resulting from the use of the Product in conjunction with any sort of ancillary/peripheral equipment. JSB TECH PTE LTD - Digi-Pas® shall not be liable if the alleged defect or malfunction was caused by User’s or any other person’s misuse, neglect, improper installation, unauthorised attempts to open, repair or modify the Product, inadequate maintenance, normal wear and tear, or any other cause beyond the range of its intended use, by fire, accident, or other cause not due to JSB TECH PTE LTD - Digi-Pas®. The foregoing warranty is exclusive and is in lieu of all other warranties, terms or conditions, express or implied, either in fact or by operation of law, including warranties, terms or conditions of merchantability, fitness for a particular purpose or application, any warranty that the Software is compatible with any specific hardware or software, that the Software will operate properly on User’s equipment and will not cause damage to User’s equipment or data, and any warranty that the operation of the Software will not be interrupted or “ free of any error”, all of which are expressly disclaimed.

    LIMITATION OF LIABILITY

    TO THE EXTENT PERMITTED BY LAW, JSB TECH PTE LTD - Digi-Pas® ALSO EXCLUDES ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING ANY NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS BY USER, OR FOR THE LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER INFORMATION OR FINANCIAL LOSS ARISING OUT OF OR IN CONSEQUENCE WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS PRODUCT, EVEN IF JSB TECH PTE LTD - Digi-Pas® OR ITS DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT JSB TECH PTE LTD – Digi-Pas’s OPTION. THIS LIMITATION OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE. IN THE EVENT THAT APPLICABLE LAW IN SOME JURISDICTIONS DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET HEREINBEFORE, LIABILITY IS LIMITED TO THE LARGEST EXTENT PERMITTED BY APPLICABLE LAW.

    DISCLAIMER

    Should a particular court of jurisdiction not allow the entire exclusion or the limitation of incidental or consequential damages or limitation of implied warranties for certain products purchased and used by consumers, or the limitation of liability for personal injury, such implied warranties and such liabilities will be limited to the duration of the applicable warranty.

    GOVERNING LAW

    This Limited Warranty shall be governed by and construed in accordance with the laws of Republic of Singapore, excluding all conflict of laws principles and excluding the United Nations Convention on the International Sale of Goods.

  2. Software License Agreement - JSB TECH PTE LTD – Digi-Pas®

    PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE USING THE BELOW DEFINED PRODUCTS. THE PRODUCTS INCLUDE SOFTWARE, WHICH JSB TECH PTE LTD - DigiPas WILL LICENSE TO YOU FOR USE. YOU MUST NOT INSTALL OR USE THE SOFTWARE UNLESS YOU HAVE READ AND ACCEPTED THE TERMS AND CONDITIONS HEREIN; BY PROCEEDING WITH THE INSTALLATION OR THE USE OF THE SOFTWARE OR ANY PART THEREOF, YOU SHALL BE DEEMED TO HAVE AGREED TO ALL THE TERMS AND CONDITIONS OF THE LICENSE, THE WARRANTY, THE LIMITATION OF LIABILITY AND THE OTHER PROVISIONS OF THIS LICENSE AGREEMENT. IN THE EVENT THAT YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, YOU SHALL NOT BE PERMITTED TO USE THE SOFTWARE, AND YOU ARE REQUIRED TO RETURN THE UNUSED SOFTWARE TOGETHER WITH ITS RELATED DOCUMENTS AND RECEIPT TO JSB TECH PTE LTD - DigiPas‘s AUTHORIZED REPRESENTATIVE, WHOM YOU PURCHASED THE PRODUCT WITHIN SEVEN (7) DAYS OF PURCHASE TO OBTAIN A FULL REFUND OF THE PURCHASE PRICE. THIS SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER FEATURES THAT PREVENT UNAUTHORISED USE, COPYING OR TO PROVIDE TECHNICAL SUPPORT OR OTHER REMOTE ASSISTANCE SERVICES BY JSB TECH PTE LTD - DigiPas OR ITS REPRESENTATIVES. THIS SOFTWARE MAY CAUSE YOUR COMPUTER OR DEVICE \TO AUTOMATICALLY CONNECT TO THE INTERNET AND SEND PRODUCT’S SERIAL NUMBER/LICENSE NUMBER TO JSB TECH PTE LTD –DIGIPAS. THE SOFTWARE MAY ALSO SEND OTHER SUPPORT-RELATED INFORMATION THAT ENABLE DOWNLOADS OF UPDATES TO THE PRODUCT SOFTWARE.

    Definitions

    1. Product shall mean (i). the JSBTECH PTE LTD - DigiPas tool/instrument that have been purchased with the Software, if any, or (ii). the Software itself, when the Software have been purchased on a stand-alone basis.
    2. Software shall mean the JSBTECH PTE LTD - DigiPas software and the related documentation (in electronic or printing forms); (i) that is supplied to you, or (ii) that is pre-installed on the Product (if the Product is not the Software itself), or (iii) that can be downloaded online pursuant to prior authorization from JSBTECH PTE LTD - DigiPas®
    3. Purchase Agreement shall mean the agreement, purchase order, or other purchase transaction document(s) related to the purchased of the Product.
    4. Specification(s) shall mean the functionality of the Software as described in the Product description, if any, provided in electronic or in printing form by JSBTECH PTE LTD - DigiPas® in conjunction with the Software.
    5. Update(s) shall mean software that correct faults in the Software or that, pursuant to no obligation hereunder, improve the performance of the Software by providing additional functions or features.
    6. Computer Network shall mean the computer and its network infrastructure defined in the Product description that is required for the proper operation of the Software.

    Scope of Software License

    JSBTECH PTE LTD - DigiPas®, the "Licensor" hereby grants to you (the "Licensee") subject to payment of the applicable license fee and to continuous compliance with all the provisions hereinafter, the non-transferable, non-exclusive, and non-assignable right, to use in the manner set forth herein the Software on one application, unless otherwise agreed upon in the Purchase Agreement. The use of the Software for a purpose other than as licensed herein shall not be permitted. The foregoing license is limited as follows: (i) the Software will only be used on such permitted number of application(s); (ii) the Software will as a whole or in part be installed, saved and executed only on the Computer Network in accordance with the installation instructions provided by the Licensor.

    Licensee will only use the Software in the manner permitted under the foregoing license and will not (i) alter or modify the Software or any part thereof in any manner, (ii) disassemble the Software or any part thereof or change the Software in any other way into any form, (iii) transfer the Software or any part thereof to a third party or make it available to a third party in any other manner without the prior written approval from Licensor, (iv) use the Software or any part thereof on a computer infrastructure other than the defined Computer Network without the prior written approval from Licensor, (v) remove, alter, or obscure any proprietary labels, notices, or prints from the Software, (vi) use the Software together with any authorization code, serial number, or other copy-protection device that are not supplied by JSBTECH PTE LTD - DigiPas® directly or through its authorized distributor.

    By installing and using the software, Licensee consents to JSBTECH PTE LTD - DigiPas using any personal information provided at registration, or updated thereafter, to manage JSBTECH PTE LTD - DigiPas’s relationship with Licensee, and to otherwise use any such personal information in conformance with its privacy policy. The activation security mechanisms may disable the software if Licensee attempts without JSBTECH PTE LTD - DigiPas’ consent or authorisation to transfer it to another computer or device, if the date-setting mechanisms on the computer or devise is tampered with, if Licensee uses the software past an applicable evaluation period or limited term, or if Licensee undertakes certain other actions that may change the security mode. This software may cause the Computer Network to automatically connect to the Internet and to communicate with JSBTECH PTE LTD - DigiPas® and or with third parties’ connected with the development and/or the validation of the Software.

    This Software license does not cover or include the use of third party software. Licensee’s right to use any such software shall be governed by the provisions set forth by such third party.

    Software Warranty

    1. Express Warranty

      Licensor warrants to the original Licensee that (i) the data storage devices (e.g. semiconductor memory) shall be free from defects in workmanship and material at the time of delivery to Licensee, and (ii) for the warranty period specified in the relevant purchase order, the Software, excluding Updates, shall function in accordance with the Specifications, provided the Software is used in the manner permitted in the foregoing license, on the Computer Network and in accordance with the conditions of installation, use and operation set forth in the Product description. Licensor does not warrant that the Software will be free of defects, run without any interruption, meet all expectations of Licensee, or function in combination with Third Party’s hardware or software products, or that all program errors will be corrected.

      In addition to the foregoing, in order for a defect in the Software to be sufficiently material so as to violate the warranty set forth in item (ii) stated above this paragraph, the defect must cause the Software - while being used in the manner permitted in the foregoing license - to function in a way so divergent from the Specifications that it is unsuitable for the purpose described in the Product description. Furthermore, if the required functionality can be achieved by the Licensee indirectly or through the use of other methods and/or approaches, then the applicable impairment shall not constitute a defect giving rise to duties under the foregoing warranty. Licensor’s sole obligation under the foregoing warranty shall be, at Licensor’s sole option and expense, to either (i) replace the data storage device and/or the Software, so as to materially conform with the Specifications (including, without limitation, replacement with a more recent version or equivalent software); or (ii) repair the Software by providing, correction software, alternative solutions and/or Updates, including updated documentation and other documents; or (iii) terminate this License Agreement and refund all license fees received following the return of the Software in accordance with company’s procedure. The foregoing warranty will apply to any replaced data storage device and Software until expiry of the original warranty period. The costs and risk of any delivery of Software to the service point nominated by Licensor shall be borne by Licensee.

    2. Warranty Service Procedure

      If Licensee detects a defect in the Software that may give rise to a duty under the foregoing warranty, it will cease using the Software immediately and notify Licensor or its local sales representatives in writing of the defect and provide sufficient supporting documentation within the period for notifying such defects. The period for notifying such defects is ninety (30) days from the date of delivery of Software. The written supporting documentation relating to the defect will be sufficient if it permits the defect detected by Licensee able to be reproduced by Licensor. Licensee will furnish the relevant purchase receipt so that Licensor can determine compliance with the periods for notifying defects. Licensee will not carry out modifications or repairs itself or permit such modifications or repairs to be carried out by unauthorized person, included but not limited to, third parties.

    3. Warranty Exclusive

      4. The Software is licensed “as is” and with no warranty or guarantee of whatever nature, other than the foregoing warranty. Such warranty is in lieu of all other warranties, express or implied, either in fact or by operation of law, including warranties, terms or conditions of merchantability, fitness for a particular purpose or application, satisfactory quality and non-infringement, or other violation rights, all of which are expressly disclaimed. Licensee acknowledges that Licensor’s sales representatives, authorized distributors or dealers are not allowed to provide any warranty, guarantee or assurance with regard to the use, suitability, or results of use of the Software, or with regard to the precision, accuracy or reliability thereof, and any such warranty, guarantee or assurance is of no effect. It shall be the sole responsibility of Licensee to determine the Software that fulfils its needs and/or requirements.

      Licensee shall bear all risks for the performance of and results obtained by the Software and Licensee’s expectation on suitability for use, even when Licensor has been informed of such planned use of the Software. Licensor shall be relieved of its obligations under the foregoing warranty to the extent that any defect is caused by circumstances for which it is not responsible, including, without limitation, (i) non-compliance with the conditions of use and operation contained in the Product description or the documentation; (ii) non-compliance with the provisions of this License Agreement; (iii) unauthorized modifications to or interference with the Software by Licensee or third parties; (iv) errors in operating the Software by Licensee or by third party personnel; or (v) use on a computer infrastructure other than the Computer Network.

      In the event that Licensor is not responsible for the defect(s) pursuant to these warranty provisions or that Licensor incurs additional expenditure resulting from Licensee failure to comply fully with its obligations stated herein, including but not limited to, its obligation to support and provide relevant documents to Licensor, Licensor shall have the right to charge Licensee for the additional costs incurred for the analysis and rectification of the defect(s) according to the time spent and materials used in accordance with the applicable rates at the time.

    Intellectual Property Rights

    Licensee shall only hold those rights to the Software that are expressly described in this Software License Agreement. Any other rights with regard to the Software, including without limitation, ownership rights and patents, copyrights, trademarks, trade secret and other intellectual property rights, shall remain the sole property of Licensor. Licensee will not remove from the Software any references to copyrights, trademarks or other intellectual property rights, or cover up or alter any such references. Licensee will take all reasonable steps to prevent any unauthorized use, reproduction, sale, or publication of the Software, transmission to unauthorised third parties or the unauthorized provision of access thereto. Licensee will indemnify and hold harmless Licensor from any losses, damages, claims and expenses, including but not limited to a reasonable amount of legal expenses relating to any infringement of the rights of Licensor caused by Licensee, Licensee’s breach of this License Agreement or Licensee’s use of the Software in a manner not authorized under this license agreement.

    In the event that Licensee faces legal proceedings based on the allegation that Licensee’s use of a valid, unmodified version of the Software in accordance with the terms and conditions stated herein this Software License Agreement infringes an existing intellectual property right in Singapore, UK, the European Union, Japan, USA or in any other countries where Licensor sells the Software, or that such use constitutes to any claim of unfair competition, Licensor shall defend any such proceedings at its own expense, provided that Licensee has informed Licensor immediately in writing of the proceedings raised, has granted Licensor a Power of Attorney authorizing it to conduct and settle the legal proceedings, and, if requested by Licensor, has provided Licensor with reasonable support in the defence of such proceedings.

    In the event that, in the sole opinion of Licensor, the valid version of the Software infringes the intellectual property rights of third parties, it shall at its own exclusive discretion (i) either obtain authorization from such third party for the continued use of the Software by Licensee, (ii) replace the Software, (iii) modify it in such a manner that there is no longer have any infringement of intellectual property rights, or (iv) if the foregoing measures are unable to be executed reasonably, terminate this Agreement with immediate effect and refund Licensee the license fees paid. Notwithstanding the foregoing, Licensor shall be relieved of its obligations stated herein if the infringement claim is based on the allegation or fact that the Software (i) has been modified by Licensee, or (ii) is being used with other software or data file and such combination has caused an infringement of a third party right, (iii) has been used on a computer infrastructure other than the Computer Network, or (iv) has been used and operated under conditions other than those specified in the Product description.

    Limitation of Liability

    To the extent permitted under applicable laws of Singapore, Licensor shall not be liable for any direct, indirect or consequential loss or damage, including, without limitation, loss of income, loss of business profits or loss of contracts, unrealized cost reductions, loss of data, business interruption, or increased costs on the part of Licensee or any other financial losses, that result from or in connection with the purchase, license, use, breakdown or interruption of operation of the Software. The foregoing limitation of liability shall also apply in the event that Licensor has been notified of the possibility of such losses being incurred. This limitation of liability shall apply to all claims for loss and damage irrespective of their legal grounds, including, without limitation, claims based on tort, contract, pre-contract or quasi-contract. This limitation of liability shall also apply to any employees and directors of Licensor, or any representatives or authorized distributors of Licensor that are involved in the development, marketing or supply of the Software.

    It shall be the exclusive duty of Licensee to ensure that it and its personnel possess the required knowledge and skill(s) to properly install and use the Software. Licensor shall not be liable for problems and defects that arise from insufficient knowledge and skill(s) on the part of the users of the Software. Licensee shall be exclusively responsible for ensuring compliance with the relevant legislation relating to its rights to import, export or use the Software.

    Exclusion of Assurances

    Licensee hereby agrees that no other assurances, declarations, statements, recommendations or advertising messages have been made by Licensor, its employees, sales distributors, agents, dealers that could give rise to an amendment or extension of the foregoing warranties and limitation of liability. Licensee is hereby given notice that none of the mentioned persons is authorized by Licensor to make any such amendments or to provide any such assurances.

    Termination

    This Software License Agreement shall come into force on the agreement of Licensee to the provisions hereof and shall remain in force for the terms described in the agreed purchase order. In addition to any other right of termination provided in this License Agreement, each party shall be entitled to terminate this License Agreement at any time with immediate effect: (i) in the event of a material violation of a contractual duty by the other party, including, without limitation, default in payment of the license fee, if the party in breach does not remedy such violation within thirty (30) days after being served with a notice in writing; (ii) becomes insolvent, or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution, or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer \appointed over all or any substantial part of its assets. On any termination of this License Agreement, all rights of use of the Software held by Licensee shall expire. From the date of termination of the License Agreement, Licensee will return to Licensor, delete or destroy the Software and all copies thereof that have been made.

    Provisions

    If any part of this agreement is found void and/or unenforceable, it will not affect the validity of the remaining part of the agreement. This agreement may only be changed in writing and signed by authorized personnel of JSBTECH PTE LTD - DigiPas. This is the entire Software agreement between JSBTECH PTE LTD - DigiPas and Licensee and it supersedes any prior representation, undertakings, or advertisements related to the Software.

    Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of Republic of Singapore, excluding all conflict of laws principles and excluding the United Nations Convention on the International Sale of Goods.

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