Duration of Hardware Warranty

The information in this document is subject to change without notice. Unless the explicit written permission of RubyTech Corporation, this document in whole or in part shall not be replicated or modified or amended or transmitted, in any from, or by any means manual, electric, electronic, electromagnetic, mechanical, optical or otherwise for any purpose.

HARDWARE: In accordance with the provisions described under, RubyTech Corporation (hereinafter called “RubyTech”) warrants its hardware products (hereinafter referred to as "Product") specified herein to be for a period of twelve (12) months from the date of shipment.

Should a Product fail to perform during the effective warranty period as described above, RubyTech shall replace the defective Product or part, or delivering a functionally equivalent Product or part in receipt of customer’s request, provided that the customer complies with the return material authorization (RMA) procedures and returns all defective Product prior to installation of the replacements to RubyTech.

All defective Products must be returned to RubyTech with issuance of a Return Material Authorization number (RMA number) assigned to the reseller from whom the end customer originally purchased the Product. The reseller is responsible for ensuring the shipments are insured, with the transportation charges prepaid and the RMA number clearly marked on the outside of the package. RubyTech will not accept collect shipments or those returned without an RMA number.

RubyTech shall not be responsible for any software, firmware, information or memory data contained in, stored on or integrated with any Product returned to RubyTech pursuant to any warranty.

EXCLUSIONS. The warranty as mentioned above does not apply to the following conditions, in RubyTech’s judgment, it contains (1) customer does not comply with the manual instructions offered by RubyTech in installation, operation, repair or maintenance, (2) Product fails due to damage from unusual external or electrical stress, shipment, storage, accident, abuse or misuse, (3) Product is used in an extra hazardous environment or activities, (4) any serial number on the Product has been removed or defaced, (5) this warranty will be of no effect if the repair is via anyone other than RubyTech or the approved agents, or (6) In the event of any failures or delays by either party hereto in the performance of all or any part of this agreement due to acts of God, war, riot, insurrection, national emergency, strike, embargo, storm, earthquake, or other natural forces, or by the acts of anyone not a party to this agreement, or by the inability to secure materials or transportation, then the party so affected shall be executed from any further performance for a period of time after the occurrence as may reasonably be necessary to remedy the effects of that occurrence, but in no event more than sixty (60) days. If any of the stated events should occur, Party A shall promptly notify Party B in writing as soon as commercially practicable, but in no event more than twenty (20) business days and provide documentation evidencing such occurrence. In no event shall the maximum liability of RubyTech under this warranty exceed the purchase price of the Product covered by this warranty.

DISCLAIMER. EXCEPT AS SPECIFICALLY PROVIDED ABOVE AS REQUIRED “AS IS” AND THE WARRANTIES AND REMEDIES STATED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. ANY AND ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR THIRD PARTY RIGHTS ARE EXPRESSLY EXCLUDED.

RUBYTECH SOFTWARE LICENSE AGREEMENT

NOTICE: Please carefully read this Software License Agreement (hereinafter referred to as this “Agreement”) before copying or using the accompanying software or installing the hardware unit with pre-enabled software or firmware (each of which is referred to as “Software” in this Agreement). BY COPYING OR USING THE SOFTWARE, YOU ACCEPT ALL OF THE PROVISIONS AND CONDITIONS OF THIS AGREEMENT. THE PROVISIONS EXPRESSED IN THIS AGREEMENT ARE THE ONLY PROVISION UNDER WHICH RUBYTECH WILL PERMIT YOU TO USE THE SOFTWARE. If you do not accept these provisions and conditions, please immediately return the unused software, manual and the related product. Written approval is NOT a prerequisite to the validity or enforceability of this Agreement and no solicitation of any such written approval by or on behalf of RubyTech shall be deemed as an inference to the contrary.

LICENSE GRANT. The end user (hereinafter referred to as “Licensee”) of the Software is granted a personal, non-sublicensable, nonexclusive, nontransferable license by RubyTech Corporation (“RubyTech”): (1) To use the RubyTech’s software (“Software”) in object code form solely on a single central processing unit owned or leased by Licensee or otherwise embedded in the equipment offered by RubyTech. (2) To copy the Software only for backup purposes in support of authorized use of the Software. (3) To use and copy the documentation related to the Software solely in support of authorized use of the Software by Licensee. The License applies to the Software only except other RubyTech’s software or hardware products. Without the prior written consent of RubyTech, Licensee has no right to receive any source code or design documentation with respect to the Software.

RESTRICTIONS ON USE; RESERVATION OF RIGHTS. The Software and related documentation are protected under copyright laws. RubyTech and/or its licensors retain all title and ownership in both the Software and its related documentation, including any revisions made by RubyTech. The copyright notice must be reproduced and included with any copy of any portion of the Software or related documentation. Except as expressly authorized above, Licensee shall not copy or transfer the Software or related documentation, in whole or in part. Licensee also shall not modify, translate, decompile, disassemble, use for any competitive analysis, reverse compile or reverse assemble all or any portion of the Software, related documentation or any copy. The Software and related documentation embody RubyTech’s confidential and proprietary intellectual property. Licensee is not allowed to disclose the Software, or any information about the operation, design, performance or implementation of the Software and related documentation that is confidential to RubyTech to any third party. Software and related documentation may be delivered to you subject to export authorization required by governments of Taiwan and other countries. You agree that you will not export or re-export any Software or related documentation without the proper export licenses required by the governments of affected countries.

LIMITED SOFTWARE WARRANTY. RubyTech warrants that any media on which the Software is recorded will be free from defects in materials under normal use for a period of twelve (12) months from date of shipment. If a defect in any such media should occur during the effective warranty period, the media may be returned to RubyTech, then RubyTech will replace the media. RubyTech shall not be responsible for the replacement of media if the failure of the media results from accident, abuse or misapplication of the media.

EXCLUSIONS. The warranty as mentioned above does not apply to the Software, which (1) customer does not comply with the manual instructions offered by RubyTech in installation, operation, or maintenance, (2) Product fails due to damage from unusual external or electrical stress, shipment, storage, accident, abuse or misuse, (3) Product is used in an extra hazardous environment or activities, (4) any serial number on the Product has been removed or defaced, or (5) this warranty will be of no effect if the repair is via anyone other than RubyTech or the authorized agents. The maximum liability of RubyTech under this warranty is confined to the purchase price of the Product covered by this warranty.