FleetWatcher Terms and Conditions
Software License: We grant you (and only you) a non-transferable, non-exclusive limited license to use any software provided pursuant to this Agreement or contained in or embedded in any of the Products (collectively, the “Software”), solely in conjunction with the Products, in object code form only. You receive no title or ownership rights to the Software which will remain the exclusive property of Earthwave Technologies or our licensors. This Agreement does not give you any right to reproduce the Software or any related documentation, and you agree that you will not decompile, disassemble, compile or reverse engineer the Software or otherwise attempt to gain access to the Software source code.
Limitation of Liability: WE WILL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE PRICE PAID BY YOU FOR SUCH PRODUCT.
Force Majeure: Not withstanding anything else in this Agreement, no default, delay or failure to perform on our part will be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control, including without limitation, failure of a cellular network or the Internet network, strikes, lockouts or other labor disputes, riots, civil disturbances, actions or inactions of governmental authorities or suppliers, epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy, nuclear disasters, or default of a common carrier.
Entire Agreement: This Agreement constitutes the entire agreement between Earthwave Technologies and Buyer and supersedes all previous communications, representations and agreements, whether oral or written, between us with respect to the subject matter hereof. This Agreement may not be modified, supplemented, qualified, or interpreted except in writing signed by both of us. Our failure to enforce at any time any of the provisions in this Agreement will in no way be construed as our waiver of such provisions.
WARRANTY: Lifetime Warranty with Rented Equipment
- Earthwave will replace unit if/when it becomes obsolete. *
- Equipment is rented to customer and Earthwave owns equipment
- $35 Activation Fee per unit.
- If a rented unit is lost, physically damaged, or stolen; there is a $199 replacement charge per unit
- 3-year agreement required
- Up front Quarterly rental payment required
- Obsolete defined as no longer supported by Earthwave, manufacturer or wireless provider.
- All software enhancements automatically included for life of agreement
- Quarterly/monthly payment includes hardware rental, wireless service and software access and
- unlimited users
Early contract termination penalty: if customer cancels contract within 36 months:
- Per Unit termination fee in year 1, Year 2, and year 3.
- Units must be returned within 60 days.
- If units are not returned lease will continue to maturity.
- This Agreement is effective the date that initial billing commences. Term of this Agreement extend for 36
- months. All orders placed within 12 months of Effective date will be included in the initial 36-month
- agreement term. Orders placed for each subsequent 12-month period after that initial period will be
- subject to a 36-month term effective on the first day that 12-month period.
- Subscription Rate Billed to Maturity Date less 10% (when incurred).
- Agreement converts to annual term after initial 36 month term.
- Please contact your FleetWatcher Representative to discuss renewal pricing options after the 36-
- month term to see if you are eligible for upgraded equipment or rate adjustments.
If you have any questions, contact us at firstname.lastname@example.org today.