The manufacturer, GAIA Geothermal (GAIA), warrants that the Software will substantially conform to its published specifications for a period of thirty (30) days from the later of receipt of the Software or receipt of access to the Software. GAIA further warrants that the media on which the Software is contained will be free from defects for a period of thirty (30) days from the later of receipt of the Software or receipt of access to the Software. This limited warranty extends only to Customer as the original licensee. Provided that (a) Customer has notified GAIA of such substantial non-conformance or defect during the applicable warranty period, and (b) GAIA has confirmed such Software or media to be substantially non-conforming or defective, as Customer’s sole and exclusive remedy and Gaia’s and its suppliers’ entire liability under this limited warranty, GAIA will, at its option, repair, replace, or refund the Software free of charge. Except as expressly provided in this End User Agreement, the Software is provided “AS IS” without warranty of any kind. GAIA does not warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. GAIA reserves the right to charge additional fees for repairs or replacements performed outside of the limited warranty period. This warranty does not apply if the Software (i) is licensed for beta, evaluation, testing or demonstration purposes for which GAIA does not receive a license fee, (ii) has been altered, except by GAIA, (iii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by GAIA, (iv) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (v) is used in ultra-hazardous activities.
Included with your purchase of a new, renewed or upgraded version of a GLD perpetual license is up to one hour of technical support during the first 12 months after purchase. During the first 12 months, any support beyond one hour will be invoiced at $135 per hour, billed to the nearest quarter hour with a minimum of one half hour. This support includes phone based or web based support. Included with your purchase of a new, renewed or upgraded version of a GLD annual subscription license is up to four hours of technical support during the period that your annual software license contract is active, any support beyond four hours will be invoiced at $135 per hour, billed to the nearest quarter hour with a minimum of one half hour. This support includes phone based or web based support. Support time does not accumulate and must be used during the time period for which your license is active, or one year, whichever is longer.
After the initial software license period - TWO Years for new software purchases and ONE Year for upgrades and renewals - expires, an annual software license contract must be purchased and in-force to receive support. Product support is limited to the current versions of the software or those covered by a current annual software license. This support does not apply to design assistance and is supplied for the sole purpose of ensuring your copy of GLD is working to your satisfaction. Design assistance is available by arrangement. Please contact us if you are interested in these services. Acceptance of any technical support indicates that you have read and accepted these terms, superseding any previous agreements or arrangements.
The Software is updated periodically and technical support is provided for all active software license contracts. Older products or software not covered by the Annual Software License period of one year are considered to be obsolete for the purpose of continuing support.
If you purchased the product in the U.S. and Canada, deliver the product, at your expense, to Thermal Dynamics in the U.S. If you purchased the product outside the U.S. or Canada, deliver the product to the retailer where you purchased the product. If the product cannot be repaired or replaced in the country it is in, it may need to be sent to a different country or returned to the country of purchase at your expense for repair or replacement. When you contact Thermal Dynamics, you will be asked to furnish your name, address, telephone number, and proof of the original purchase (receipt) containing a description of the product(s), and the purchase date.
This Limited Warranty applies only to hardware products manufactured by or for Thermal Dynamics that can be identified by the "Thermal Dynamics" trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-Thermal Dynamics hardware products or any software. This warranty does not apply: (a) to damage caused by accident, abuse, misuse, misapplication, or non-Thermal Dynamics products; (b) to damage caused by service (including upgrades and expansions) performed by anyone who is not an Thermal Dynamics Authorized Service Provider; (c) to a product or a part that has been modified without the written permission of Thermal Dynamics; or (d) lost or stolen hardware.
THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THERMAL DYNAMICS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF THERMAL DYNAMICS CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. No Thermal Dynamics reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty.
THERMAL DYNAMICS IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THERMAL DYNAMICS PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THERMAL DYNAMICS SPECIFICALLY DOES NOT REPRESENT THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA. Some states and provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by state or province.
©2018 Thermal Dynamics, Inc. All rights reserved. Thermal Dynamics and the Thermal Dynamics logo are trademarks of Thermal Dynamics, Inc., registered in the U.S. and other countries.