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Terms & Conditions

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LINORTEK ONE-YEAR LIMITED WARRANTY

Consumer law: For consumers who are covered by consumer protection laws or regulations in their country of residence (“Consumer Law”), the benefits provided in this Linortek One-Year Limited Warranty (“Linortek Limited Warranty”) are in addition to and not instead of the rights provided by Consumer Law and it does not exclude, limit or suspend your rights arising from Consumer Law. You should consult the proper authorities in your country of residence for further information about these rights

Linortek’s warranty obligations for this hardware product (“Product”) are limited to the terms set forth below:

Linor Technology, Inc. (“Linortek”) warrants this product against defects in materials and workmanship for a period of ONE (1) YEAR from the date of retail purchase by the original end-user purchaser (“Warranty Period”) when used in accordance with the operating instructions. A copy of a retail receipt is required as proof of purchase. If a hardware defect arises and a valid claim is received within the Warranty Period, at its option and to the extent permitted by law, Linortek will either (1) repair the hardware defect at no charge, using new or refurbished replacement parts, (2) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product. When a refund is given, the product for which the refund is provided must be returned to Linortek and becomes Linortek’s property.

The foregoing warranty is subject to Buyer’s (i) prompt written claim and (ii) timely provision to Linortek of an opportunity to inspect and test the Product claimed to be defective. Such inspection may be on Buyer’s premises and/or Linortek may request the return of the Product at Buyer’s expense. However, Linortek shall not be responsible for packing, inspection, or labor costs in connection with the return of Product. No Product shall be accepted for warranty service that is not accompanied by a Return Merchandise Authorization number (RMA#) issued by Linortek.

EXCLUSIONS AND LIMITATIONS

This Limited Warranty excludes damage resulting from abuse, misuse, neglect, fire or other external causes, accident, modifications, repairs or other causes that are not defects in materials and workmanship. Software distributed by Linortek with or without the Linortek brand name including, but not limited to system software (“Software”) is not covered under this Limited Warranty. Your use and rights associated with the Software are governed by the Linortek End User License Agreement which you can find here: https://www.linortek.com/end-user-license-agreement/. Linortek is not responsible for damage arising from failure to follow instructions relating to the product’s use. To assure conformance with operating limitations, Buyer should refer to the instruction manual [provided with the product]. Batteries are not included in the Warranty.

TO THE MAXIMUM EXTENT PERMITTED, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, AND LINORTEK SPECIFICALLY DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, ALL SUCH WARRANTIES SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED IN DURATION TO THE DURATION OF THE LINORTEK LIMITED WARRANTY AND THE REMEMDY SHALL BE LIMITED TO REPAIR, REPLACEMENT OR REFUND AS DETERMINED BY LINORTEK IN ITS SOLE DISCRETION. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). THIS LIMITED WARRANTY IS GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE UNITED STATES.

Disclaimers

  1. Read Instructions – Read all the safety and operating instructions before operating the product.
  2. Retain Instructions – Retain the safety and operating instructions for future reference.
  3. Heed Warnings – Adhere to all warnings on the product and in the operating instructions.
  4. Follow Instructions – Follow all operating and use instructions.
  5. Cleaning – Unplug the product from power before cleaning. Do not use liquid cleaners or aerosol cleaners. Use a damp cloth for cleaning the enclosure only.
  6. Attachments – Do not use attachments unless they are specifically recommended by Linortek. Using incompatible or otherwise unsuitable attachments can be hazardous.
  7. Accessories – Do not place this product on an unstable stand, tripod, bracket, or mount. The product may fall, causing serious injury to a person and serious damage to the product. Use only with a stand, tripod, bracket, or mount recommended by the manufacturer, or sold with the product. Follow the manufacturer’s instructions when mounting the product, and only use mounting accessories recommended by the manufacturer. Be cautious when using an appliance and cart combination. Quick stops, excessive force, and uneven surfaces may cause the appliance and cart combination to overturn.
  8. Ventilation – Openings in the enclosure, if any, are provided for ventilation and to ensure reliable operation of the product and to protect it from overheating. Do not block or cover these openings. Do not place this product in a built-in installation unless proper ventilation is provided or the Linortek’s instructions have been adhered to.
  9. Power Sources – Operate this product only from the power source type indicated in the instruction manual or on the product label. If you are not sure of the type of power supply you plan to use, consult your appliance dealer or local power company – provided that use of any power source type other than indicated in the instruction manual or marking label will void any warranty. For products intended to operate from battery power, or other sources, refer to the operating instructions [included with the product].
  10. Grounding or Polarization – This product may be equipped with a polarized alternating-current line plug (a plug having one blade wider than the other). This plug will fit into the power outlet only one way. This is a safety feature. If you are unable to insert the plug fully into the outlet, try reversing the plug. If the plug still fails to fit it is because your outlet is incompatible with the plug. Contact your electrician to replace your outlet with one that is compatible. Do not force the plug to fit into an incompatible outlet or otherwise try to defeat the safety purpose of the plug. Alternately, this product may be equipped with a 3-wire grounding-type plug, a plug having a third (grounding) pin. This plug will only fit into a grounding-type power outlet. This is a safety feature. Do not force the plug to fit into an incompatible outlet or otherwise try to defeat the safety purpose of the plug. If your outlet is incompatible with the plug, contact your electrician to replace your outlet with one that is compatible.
  11. Power-Cord Protection – Route power supply cords so that they are not likely to be walked on or pinched by items placed upon or against them, paying particular attention to cords and plugs, convenience receptacles, and the point where the cords exit from the appliance.
  12. Power Lines – Do not place an outdoor system anywhere in the vicinity of overhead power lines or other electric light or power circuits, or where it can fall into such power lines or circuits. When installing an outdoor system, use extreme care to keep from touching such power lines or circuits as contact with them might be fatal.
  13. Overloading – Do not overload outlets and extension cords as this can cause fire or electric shock.
  14. Object and Liquid Entry – Never push objects of any kind into this product through openings as they may touch dangerous voltage points or short-out parts which can cause fire or electric shock. Never spill liquid of any kind on the product.
  15. Servicing – Do not attempt to service to this product yourself as opening or removing covers may expose you to dangerous voltage or other hazards. Refer all servicing of the product to Linortek.
  16. Damage Requiring Service – Unplug the product from the outlet and refer servicing to Linortek Customer Support under the following conditions:
    • When the power-supply cord or plug is damaged.
    • If liquid has been spilled, or objects have fallen onto the product.
    • If the product has been exposed to rain or water.
    • If the product does not operate normally by following the operating instructions [included with the product]. Adjust only those controls that are covered by the operating instructions, as an improper adjustment of other controls may result in damage and will often require extensive work by a qualified technician to restore the product to its normal operation.
    • If the product has been dropped or the cabinet has been damaged.
    • If the product exhibits a distinct change in performance.
  17. Replacement Parts – If replacement parts are necessary, have a Low-Voltage Electrician replace them using only part specified by the manufacturer. Unauthorized substitutions may result in fire, electric shock or other hazards. Replacement parts can be found at https://www.linortek.com/store/
  18. Safety Check – Upon completion of any service or repairs to this product, ask the service technician to perform safety checks to determine that the product is in proper operating condition.
  19. Coax Grounding – If an outside cable system is connected to the product, be sure the cable system is grounded. U.S.A. models only–Section 810 of the National Electrical Code, ANSI/NFPA No.70-1981, provides information with respect to proper grounding of the mount and supporting structure, grounding of the coax to a discharge product, size of grounding conductors, location of discharge product, connection to grounding electrodes, and requirements for the grounding electrode.
  20. Lightning – For added protection of this product during a lightning storm, or before leaving it unattended and unused for long periods of time, unplug it from the wall outlet and disconnect the cable system. This will prevent damage to the product due to lightning and power-line surges.
  21. Outdoor Use – This product is not waterproof and should not be allowed to get wet. Do not expose to rain or other types of liquid. Do not leave out-of-doors overnight as condensation may occur.
  22. While changing batteries, fuses or handling a board level product be careful of electrostatic discharge which can damage electronic devices. It is best to use a grounded electronics service bench. If this is not available you can discharge yourself by touching a metal appliance or pipe. While changing the batteries or fuses do not touch i) any wires other than the battery wires and ii) the printed circuit board.

LIMITATION OF LIABILITY

IN NO EVENT WILL LINOR TECHNOLOGY BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.

DISCLAIMER FOR CRITICAL APPLICATIONS

This product is not intended or authorized for life support product or for other uses for which a failure could cause personal injury or death. If you or your customers use or permit the use of this product for such unintended or unauthorized uses, you agree to fully indemnify Linor Technology and its affiliates, and the officers, employees and distributors of each, from all liability related to such use, including attorneys’ fees and costs.

FURTHER NOTICE FOR LIMITATION OF USE

Unless specifically stated, our Products are NOT designed to switch line voltage (110V and above) devices. To control device that operate at line voltages a qualified electrician MUST install an intermediary device such as a relay. When choosing devices to control, it is best to select low voltage controls such as a 24VAC solenoid to water flow control. Only qualified electricians may wire a line voltage device. Additionally, local codes must be followed including but not limited to wire gauge size and suitable housing. Linortek assumes no responsibility for harm to the user or third parties for improperly using our Products. This liability remains with the user. Linortek assumes no responsibility for damage to the device due to improperly using our Products.

RELAY VOLTAGE SPECIFICATIONS

Please use caution when connecting devices to electrical circuits or other equipment. This web controller is NOT designed to connect to any voltage greater than 48V. If you want the product to control Line Voltage products and devices, refer to Diagram 1 below. Utilizing this arrangement, should allow you to virtually control anything. It is important that you use licensed electricians and comply with electrical codes that are applicable to your location. These codes exist for your safety, as well as the safety of others. Linortek assumes no responsibility for any harm or damage resulting from a failure adhere to local laws, ordinances or regulations or failure to follow specified instructions for installation and product usage.

End-User License Agreement for Linortek Software and Documentation

This End-User License Agreement (“EULA”) is a legal agreement between YOU (an individual or single entity) and Linor Technology, Inc. (“Linortek” or “we” or “us”) that governs your use of the software and documentation (“Software”) embedded in or associated with the Fargo, Koda, Netbell, IoTMeter, and iTrixx series of products (“Linortek Products”).

This EULA does not govern your use of the Linortek website or the Linortek Products (excluding the Software). Your use of the Linortek website is governed by the Linortek website terms of service and the Linortek privacy policy which can be found at: http://www.linortek.com/terms-and-conditions [Your purchase of Linortek Products (excluding the Software) is governed by the Linortek limited warranty, which can be found at https://www.linortek.com/linortek-one-year-limited-warranty/

This EULA governs your access and use of the Software. This EULA gives you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this EULA will not apply to the extent prohibited or limited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of this EULA may not apply to you.

By installing, accessing, copying and/or using the Software or documentation you are agreeing to be bound by the terms and conditions of this EULA on behalf of yourself or the entity that you represent in connection with such installation, access, copying and/or use. You represent and warrant that (i) you have the right, authority, and capacity to accept and agree to the terms of this EULA on behalf of yourself or the entity you represent (ii) you are of sufficient legal age in your jurisdiction of residence, (iii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you not listed on any U.S. Government list of prohibited or restricted parties.

If you do not wish to be bound by the terms of this EULA you may not install, access, copy or use the Software in any way (whether or not pre-installed on a device you have purchased).

1. Permitted Use of Software/ Software License.

Subject to the terms of this EULA, Linortek grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable right and license to (a) download, install and execute one copy of the Software, in executable object code form only, solely on the Linortek Product that you own or control and to (b) use the Software solely in connection with the Linortek Product in accordance with its intended use as described on the Linortek website (each of 1(a) and 1(b) a “Permitted Use” and collectively “Permitted Uses”).

2. Restrictions on Your Use of the Software.

You agree not to, and not to permit others to, use the Software for any purpose other than the Permitted Uses described in Section 1 above. This means, among other things, you may not:

  • (a) edit, alter, modify, adapt, translate, make derivative works of, disassemble, reverse engineer or reverse compile any part of the Software (except to the extent applicable laws specially prohibit such restriction for interoperability purposes, in which case you agree to first contact Linortek and provide Linortek an opportunity to create such changes as are needed for interoperability purposes);
  • (b) license, assign, distribute, transmit, sell, rent, host, outsource, disclose or otherwise use the Software for any commercial purpose or make Software available to any third party;
  • (c) allow any third party to use the Software on behalf of or for the benefit of any third party;
  • (d) use any portion of the Software on any device or computer other than the Linortek Product that you own or control;
  • (e) use the Software in any way that breaches any applicable local, national or international law; or
  • (f) remove or alter any labels, symbols, legends or proprietary notices, including but not limited to any copyright, trademark, logo in the Software. You may not disclose the results of any performance or functional evaluation of any of the Software to any third party without the prior written consent of Linortek for each such release.

3. Updates.

Linortek may from time to time develop updates, upgrades, patches, bug fixes and other modifications (“Updates”) to improve the performance of the Software. Except as otherwise provided on the Linortek website, these Updates will be provided to you free of charge. These Updates may be automatically installed without notice to you. By using the Software, you also consent to automatic Updates. If you do not agree to this you may not install, access, copy or use the Software in any way.

4. Ownership.

The Software is licensed to you and not sold. Linortek reserves all rights to the Software and any Updates not expressly granted herein. The Software and Linortek Products are protected by copyright, trademark and other intellectual property laws and treaties. Linortek and its licensors own the title, copyright, trademarks and other intellectual property rights in the Software. You are not granted any rights to Linortek’s trademarks or service marks. There are no implied licenses in this EULA.

5. Termination.

This EULA is effective from the date you first use the Software and will continue for as long as you own the Linortek Product associated with it or until you or Linortek terminate this agreement under this section. You may terminate this EULA at any time upon written notice to Linortek at the address provided below. Linortek may terminate this EULA at any time if you fail to comply with any of the terms in this agreement. The license granted in this EULA terminates immediately when the agreement terminates. Upon termination, you must stop using the Linortek Product and the Software and you must delete all copies of the Software. The terms of Sections 2 will still remain in effect after the agreement terminates.

6. Warranty Disclaimer.

EXTENT PERMITTED BY APPLICABLE LAW, LINORTEK PROVIDES THE SOFTWARE “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LINORTEK DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SOFTWARE. LINORTEK MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU USE THE SOFTWARE AND THE LINORTEK PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND LINORTEK DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE AND LINORTEK PRODUCT.

7. Limitation of Liability.

Nothing in this EULA and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) LINORTEK BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR SOFTWARE, EVEN IF LINORTEK KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) LINORTEK’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO LINORTEK AND LINORTEK’S AUTHORISED DISTRIBUTOR OR SALES REPRESENTATIVE FOR THE PRODUCTS OR SERVICES AT ISSUE IN THE PRIOR 6 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. LINORTEK DISCLAIMS ALL LIABILITY OF ANY KIND OF LINORTEK’S LICENSORS AND SUPPLIERS.

8. Compliance with Export Laws.

You acknowledge that the Software and related technology are subject to U.S. export control laws U.S. export jurisdiction and may be subject to export or import regulations in other countries. You agree to strictly comply with all applicable international and national laws and regulations that apply to the Software, including the U.S. Export Administration Regulations as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. You acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Software and related technology, as may be required. You will indemnify and hold Linortek harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section.

9. Assignment.

You may not assign any of your rights or obligations under this EULA, and any attempt to assign will be void and without effect.

10. Notices.

Linortek may provide any notice to you related to this EULA using the email and address that you provided when you registered with Linortek.

11. Waiver

To be effective, any and all waivers by Linortek hereunder must be in writing and signed by an authorized Linortek representative. Any other failure of Linortek to enforce any term hereunder will not be deemed a waiver.

12. Severability.

Any provision of this EULA that is found to be unenforceable will be edited and interpreted to accomplish the objectives of that provision to the greatest extent possible under applicable law and all remaining provisions will remain in full force and effect.

13. Governing Law; Venue.

You agree that this EULA, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to this EULA, will be governed by the laws of the state of North Carolina, U.S.A., without regard to conflicts of laws principles, provided that if you reside in a country that will not apply U.S. law to disputes related to these terms, then the laws of your country will apply. You also agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply.  You agree that regardless of any statute or law to the contrary, any cause of action against us arising out of or related to the Linortek website, the Software or the Linortek Products must commence within one (1) year after the cause of action accrues or such cause of action shall be permanently barred.  Any action or proceeding relating to this EULA must be brought in a federal or state court located in Raleigh, North Carolina and each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute, except that Linortek may seek injunctive relief in any court having jurisdiction to protect its intellectual property.

14. California Proposition 65 Warning.

WARNING: This product can expose you to chemicals including lead, which is known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.