Use of This Site
Site Use (www.TyroneSystems.com)
The materials on this website (the "Site") are
provided by Tyrone Systems India. ("Tyrone") as a service to its customers
and shall be used for informational purposes only. Downloading or printing any materials
from this Site means you agree to these terms. If you do not agree to Tyrone's terms,
do not use the Site or download any materials from the Site. You may not modify
the materials at this Site in any way or publicly display, distribute, reproduce,
perform, or otherwise use them for any commercial or public purpose. Tyrone prohibits
any use of these materials on any other website or networked computer environment
for any purpose.
The materials herein are copyrighted. Any unauthorized use of the materials may
violate copyright, trademark, and/or other laws. Tyrone authorizes you to view and
download the materials at this Site only for your non-commercial, personal use,
provided that you retain all copyright and other proprietary notices contained in
the original materials on any copies.
If you breach any of these terms, your authorization to use the Site is terminated
and you must immediately destroy any downloaded and/or printed materials. You may
not use, export or re-export the materials or services at this Site or any adaptation
or copy in violation of any applicable laws or regulations, including without limitation
U.S. export laws or regulations. These terms shall be governed by and construed
in accordance with the laws of the State of California, without giving effect to
any principles of conflicts of laws.
Tyrone may revise these terms at any time. If you choose to access this Site from
outside the United States, you do so on your own initiative and are responsible
for compliance with all local laws. You should visit this Site from time to time
to review the current terms because they bind you. Certain terms may be superseded
by expressly designated legal notices or terms located on particular pages at this
Site.
Disclaimer and Limitation of Liability
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES ON THIS SITE ARE PROVIDED "AS
IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY
IN NO EVENT SHALL TYRONE OR ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THIS
SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES
FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR LOST PROFITS ARISING OUT OF THE
USE OF OR INABILITY TO USE THE MATERIALS AND/OR SERVICES, OR THE RESULTS OF USE
OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR
SERVICES CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON CONTRACT, TORT, WARRANTY
OR OTHER LEGAL THEORY, EVEN IF TYRONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED
WARRANTIES AND/OR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM
THIS SITE RESULTS IN THE NEED FOR SERVICING, CORRECTION, OR REPAIR OF DATA OR EQUIPMENT,
YOU ASSUME ALL COSTS THEREOF.
Information published herein may refer to products, programs or services that are
not available in your country. Consult your local Tyrone business contact for information
regarding the products, programs and services that may be available to you. Tyrone's
obligations with respect to its products and services are governed solely by the
agreements under which they are provided. Nothing herein should be construed to
alter such agreements
Tyrone and its suppliers do not warrant the completeness or accuracy of the information,
links, graphics, text or other items contained within these materials. Tyrone may
make changes to these materials and products at any time without notice. Tyrone
makes no commitment to update the materials, products or services.
Single Copy License The unauthorized use
of any materials at this Site may violate copyright, trademark, and/or other laws.
The materials herein are copyrighted. Users may download one copy of the information
or software ("Materials") found on Tyrone's sites on a single computer
for their personal, internal, non-commercial use only unless licensed to do otherwise
by Tyrone in writing or as allowed by any license terms that accompany or are provided
with individual Materials. This is a license, not a transfer of title. Licensees
are subject to the following restrictions: Licensees may not:
- modify the Materials or use them for any commercial purpose or public
display, performance, sale or rental;
- decompile, reverse engineer, or disassemble software Materials except
as permitted by applicable law;
- remove any copyright or other proprietary notices from the Materials;
- transfer the Materials to another person;
- remove or alter any embedded authorship and identification information.
Users agree to prevent any unauthorized copying of the Materials.
Tyrone may terminate this license at any time if a user is in breach of the terms
of this Agreement. Upon termination, users shall destroy the Materials immediately.
Ownership of Materials
Materials are copyrighted and protected by copyright and other laws. They may not
be modified, published, copied, reproduced, uploaded, posted, distributed, or transmitted
in any way without Tyrone's prior written permission. Except as expressly provided
herein, Tyrone and its suppliers do not grant any express or implied right to users
of any copyrights, trademarks, patents, or trade secret information. Other rights
may be granted to users by Tyrone in writing or incorporated elsewhere in the materials.
Performance Information
Performance ratings and tests are measured using specific computer systems and/or
components. They reflect the approximate performance of Tyrone products as measured
by those tests. Any difference in system hardware or software design or configuration
may affect actual performance. Buyers should consult other sources of information
to evaluate the performance of systems or components they consider purchasing.
Trademark Information
Tyrone is a trademark or registered trademark of Tyrone
Systems India. Tyrone's trademarks may be used publicly only with Tyrone's express
written permission. Fair use of Tyrone's trademarks in promotion and advertising
of Tyrone's products requires proper acknowledgement. Other names and brands may
be claimed as the property of others.
Software Use
Use of any software downloaded from this Site shall be governed
by the terms of the end user license agreement, if any, which accompanies or is
included with the software. All such software is the copyrighted work of Tyrone
and/or its suppliers. You may not download or install any Software that is accompanied
by or includes a license agreement unless you have read and accepted the terms.
REDISTRIBUTION OR REPRODUCTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED
FOR IN THE LICENSE AGREEMENT.
User Submissions
Tyrone does not want to receive confidential or proprietary
information from users through this Site. Except as otherwise agreed in writing
with an authorized Tyrone representative, any material, communication or other information
you transmit or post to this Site will be considered non-confidential and non-proprietary
("Communications"). Tyrone will have no obligations with respect to the
Communications.
Tyrone and its designees will be free to copy, disclose, incorporate, distribute
and otherwise use the Communications and all data, images, text, sound, and other
things embodied therein for any and all purposes. You are prohibited from posting
or transmitting to or from this Site any unlawful, defamatory, obscene, pornographic,
threatening, libelous, or other material that would violate any law.
Applicable Laws for Accessing Our Website Content
This Site is controlled by Tyrone from its offices in San Jose, California. Tyrone
makes no representation that materials in the Site are available or appropriate
for use in other locations. Access to them from territories where their content
is illegal is prohibited. Those who choose to access this Site from other locations
are responsible for compliance with applicable local laws. You may not export or
use the materials in violation of U.S. export laws and/or regulations. Any claim
relating to the materials shall be construed under and governed by the laws of the
State of California.
Links To Other Websites
If this Site links to any third party website(s), the linked
site(s) are not under the control of Tyrone and Tyrone is not responsible for the
contents thereof. Tyrone reserves the right to terminate any link or linking program
at any time. Tyrone does not endorse products or companies to which it links. Tyrone
reserves the right to note as such on its websites. If you decide to access any
third party site(s) linked to this Site, you do so entirely at your own risk.
Use of Personally Identifiable Information
Information submitted to Tyrone via this Site is governed
by Tyrone's Privacy
Policy pertaining to personal information.
Purchasing Tyrone Products Offer and Acceptance
Tyrone Computer, Inc.'s (hereinafter "Seller's")
invoice, including these Standard Terms and Conditions of Sale printed thereon,
shall constitute an offer to Buyer for the sale of Seller's goods which shall be
deemed accepted by Buyer upon the delivery and non-rejection of Seller's goods.
An acceptance shall constitute Buyer's consent to the terms and conditions stated
on the invoice, which are in lieu of and supercede any and all terms and conditions
stated on the Buyer's purchase order or other documents provided by the Buyer.
Terms of Payment
All payments shall be made to Seller in India or another
location if so requested by Seller, on or before the due date as stipulated on the
invoice. All shipments and deliveries are subject to approval of Buyer's credit
standing by Seller. Seller reserves the right to decline or postpone shipments for
any reason except upon receipt and acceptance of payment or upon terms and conditions
acceptable to Seller.
Price
Prices for Seller's products shall be those stated on the
front side of the invoice, which unless otherwise stated, do not include costs incurred
for special packaging, shipping, or taxes. If prices are contingent on the purchase
of a minimum quantity that is not met by the Buyer, Seller shall have the right
to adjust the price accordingly.
FOB and Risk of Loss
All shipments covered by this acceptance are FOB Seller's
facility. Seller's liability for delivery shall terminate upon delivery to the carrier,
at which time the Buyer assumes all responsibility for damage to or loss of products.
Technical Assistance or Advice
Any technical assistance or advice offered by Seller in
regard to the use of any product or service provided in connection with Buyer's
purchases is given free of charge and as an accommodation to the Buyer. Seller shall
not be held liable for the content of or Buyer's use of such technical assistance
or advice, nor shall any statement made by any sales representative in connection
with the products or services constitute a representation or warranty, express or
implied
Limitation of Liability
SELLER SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ON
ITS PART WHICH IS DUE TO CAUSES BEYOND ITS CONTROL. THE LIABILITY OF SELLER, IF
ANY, ARISING OUT OF AN AGREEMENT TO PURCHASE OR OTHERWISE WITH REGARD TO ANY GOOD
FOR ANY AND ALL CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES, WHETHER
ARISING FROM SELLER'S NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, BREACH OF WARRANTY,
INDEMNITY, OR OTHERWISE SHALL NOT EXCEED THE TOTAL PRICE FOR THE GOODS UNDER THIS
AGREEMENT.
IN NO EVENT SHALL SELLER BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE SELLER'S PRODUCTS
OR DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING
WITHOUT LIMITATION, LOST REVENUES OR PROFITS. SELLER SHALL NOT BE LIABLE FOR ANY
HARDWARE, SOFTWARE, OR DATA STORED OR USED WITH ANY PRODUCT, INCLUDING WITHOUT LIMITATION
THE COSTS OF REPAIRING, REPLACING, INTEGRATING, INSTALLING OR RECOVERING SUCH HARDWARE,
SOFTWARE OR DATA.
Applicable Law
All sales, transactions, and/or disputes between Seller
and Buyers shall be governed by and construed in accordance with the laws of the
State of California, as well as applicable federal statutes of the United States
of America.
Jurisdiction and Venue
The Jurisdiction of India shall be the exclusive venue for
the resolution of any disputes between Seller and Buyer arising from any invoice,
any agreement to purchase or otherwise. Buyer's acceptance shall constitute consent
to the jurisdiction and venue of the courts of India. The prevailing party shall
be entitled to a reasonable compensation of attorney's fees, legal expenses, and
costs.
Life Expectancy
As to all of Seller's Products, unless otherwise qualified,
the term "Life Expectancy" as noted on attached performance specification
or quotation, if any, is not a statement of guaranteed life, but rather, is Seller's
best estimate of the anticipated performance of the unit under normal operating
conditions. Claims for defective workmanship or material must be made within one
year from the original date of shipment or 2,000 hours of operation, whichever first
occurs.
In case of any justifiable claim, Seller will either repair or replace the defective
goods when returned, but no goods shall be returned without Seller's consent. No
claim shall be made at any time for labor or damages, direct or indirect, alleged
to have been caused by defects in any product. The remedies stated on the invoice
are exclusive and Buyer waives all other remedies it may have in law or equity.
Conditions of Product Use
As to all of Seller's products, unless specifically otherwise agreed to by Seller
in writing, Buyer acknowledges that products/goods sold by the Seller are intended
for uses only as stated on Seller's invoice.
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