Rocosoft Terms and Conditions of Sale THE TERMS AND CONDITIONS OF SALE (“Terms”) ARE LIMITED TO THOSE CONTAINED HEREIN. BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN ROCOSOFT’S INVOICE OR OTHER ROCOSOFT DOCUMENTATION, THE CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE. APPLICATION OF TERMS These Terms constitute a binding contract between the Customer and Rocosoft. The Customer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order, or otherwise shopping on our Website (the “Site”). These Terms are subject to change without prior notice. GOVERNING LAW THESE TERMS AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES, REGARDLESS OF THE LOCATION OF THE CUSTOMER. PURCHASE PRICE All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product availability, changes supplier pricing, and labor costs. We collect sales tax on our hardware products sold and shipped to clients in the state of California. We shall not be liable for handling or customs charges for shipments outside the United States. SHIPPING POLICY It takes approximately 2-3 business days for us to build and fully test each cable set once payment is received. Custom orders require additional time for completion. All of the shipping options we offer, including International Shipping, include tracking information; therefore, Rocosoft is not responsible for delays that are beyond our control once the package has been delivered to the carrier. Software purchased from Rocosoft will be available as a software download. You will receive an email from us shortly after your purchase with your Custom Software Package. RETURN POLICY We take pride in the craftsmanship and reliability of our custom cables and multiplexers. We guaranteed our cable sets to work and be free from defect in workmanship or components. We do not guarantee fitness for particular purpose unless otherwise written in the product description. Because our sets are custom built to order, please contact us prior to purchase if you need help finding the right adapter or multiplexer for your specific configuration. Incorrect orders can be returned for rework or replacement – subject to fees and ability to re-work the cable set. Since we understand the complexity of camera control systems, we offer full support to our clients to help get their custom configuration up and running. If you need help connecting your PTZ cameras with our control adapters and multiplexers, please contact us at firstname.lastname@example.org or give us a call at (916) 458-5962, and we will be there every step of the way to make your configuration work. If for any reason you wish to return your control cable or cable set, you have up to 14 days after delivery to request a return. Returns are subject to a 30% restocking fee. Items must be returned in the same condition as they were received and must be free from defects. Buyer pays for return shipping. SOFTWARE PURCHASES AND LICENSE TERMS Any Rocosoft software made available for download or purchase from Rocosoft and/or its affiliates or suppliers is the copyrighted work of Rocosoft Inc. Rocosoft camera control software products are licensed on a per device per copy basis, not sold. Software licenses purchased from Rocosoft and/or its affiliates or suppliers are subject to the End-User License Agreement that accompanies the software (the “License Agreement”). You will be required to complete a one-time activation process and agree to the terms and conditions of the License Agreement when you install the software. Software is non-refundable. ROCOSOFT WARRANTY (“THE WARRANTY”) TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS AND TERMS, ROCOSOFT MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES OR TERMS, EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING PERFORMANCE, RESULTS, SECURITY, NONINFRINGEMENT, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, ROCOSOFT LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT ROCOSOFT’S OPTION, THE REPAIR OR REPLACEMENT OF PRODUCTS OR SERVICES DESCRIBED BELOW. ROCOSOFT HARDWARE WARRANTY Rocosoft warrants that all Rocosoft control cables and adapters purchased directly from Rocosoft will be free from defects in materials and workmanship when used normally in accordance with Rocosoft’s published guidelines for a period of TWO (2) YEARS from the date of original purchase by the end-user purchaser (“Warranty Period”). Rocosoft’s published guidelines include but are not limited to information contained in product guides, technical specifications, user manuals, and service communications. We provide full technical support to clients to connect our Rocosoft control cables and configure their equipment to work with our Rocosoft products. Rocosoft is not responsible for defects in non-Rocosoft products. Manufacturers, suppliers, or publishers, other than Rocosoft, may provide their own warranties to you – please contact them for further information. During the Warranty Period, Rocosoft will, upon it’s discretion, repair or replace any product that have defects in functionality due to manufacturer error. This warranty does not apply: a) to cosmetic damage, including but not limited to scratches, dents and broken parts on ports; (b) to damage caused by use with another product; (c) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the Rocosoft product outside Rocosoft’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Rocosoft, (g) to any opened or modified hardware; (h) or to defects caused by normal wear and tear or otherwise due to the normal aging. ROCOSOFT SOFTWARE WARRANTY Rocosoft warrants that the purchased software program, once properly licensed onto a device, will function substantially in accordance to the functions and features described in Rocosoft documentation for the lifetime of the licensed device. Rocosoft will update the purchased software on the original licensed device, if requested, for the period of one year from the date of purchase. After one year from the date of purchase, Rocosoft will update the purchased version of it’s software to the current version on the original licensed device, if requested, for a small fee that will also add one year of free version updates for the original licensed device. Rocosoft will re-license the purchased software on the original licensed device, if requested, for the period of one year from the date of purchase. After one year from the date of purchase, Rocosoft will re-license the purchased software on the original licensed device, if requested, but if assistance is needed, Rocosoft will re-license the purchased edition of it’s software on the original licensed device for a small fee that will also add one year of free version updates and re-licensing on the original licensed device. Rocosoft will move the license of the purchased software from the original licensed device to another device, when requested, for the period of one year from the date of purchase. The device that the software is moving to becomes the original licensed device. After one year from the date of purchase, Rocosoft will move the license of it’s software from the original licensed device to another device, when requested, for a small fee. The software version update is required for all purchases before 01/01/2017. The device that the software has been moved to becomes the licensed device and is eligible for one year of free version updates and re-licensing. License is non-transferable for the software purchased before 01/01/2017 unless the software was updated to the current version. If the purchased edition of Rocosoft Software is no longer available or discontinued, Rocosoft will, at its discretion, replace the purchased software on the original licensed device with a comparable edition of it’s software if available or the client can use the money paid as a credit toward purchasing another product from Rocosoft for the original licensed device. The software can be upgraded to another product on the original licensed device by paying the difference in price of the new product and the amount paid. Except for the foregoing, the Software is provided “as is”. Installation credentials for non-claimed licenses expire after one year from the date of issuance. LIMITATION OF LIABILITY To the maximum extent permitted by applicable law, in no event will Rocosoft or its affiliates be liable for any damages, whatsoever, whether direct, indirect, special, incidental, or consequential damages, whether arising under contract, tort (including negligence), strict liability, breach of warranty, misrepresentation, or otherwise, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss, arising out of the use of or inability to use Rocosoft products or services or arising out of this agreement, even if Rocosoft or its representatives has been advised of the possibility of such damages. The customer agrees that for any liability related to the purchase of products provided directly by Rocosoft or its affiliates, neither Rocosoft nor its affiliates are liable or responsible for any amount of damages above the dollar amount paid by the customer for the products giving rise to the claim.