Terms of Use

OIS Hardware Warranty, Maintenance and Support Agreement

This Hardware Warranty, Maintenance and Support Agreement (“Agreement”) is a legal agreement between the customer of an OIS hardware product (“Customer”) and Objective Interface Systems, Inc., and/or its affiliates (collectively, “OIS”). The rights granted herein are only effective to a Customer who is an “Authorized Possessor” under a valid OIS End-User License Agreement (“EULA”) for the underlying OIS hardware products (“Products”) for which this warranty, maintenance and support will be provided.

CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY PURCHASING OR USING ANY OF THE OIS HARDWARE WARRANTY, MAINTENANCE AND SUPPORT SERVICES.

1. Purchase and Term of Agreement.

The term of this Agreement (the “Term”) for any Product shall be for the period stated in the OIS offer or quote upon which the Customer has placed its purchase order for such Product. The term of this Agreement shall begin either (i) on the date of delivery of the Product to Customer, or (ii) if these services were purchased separately after the original purchase of the Product, on the day following the expiration of the warranty period of the original purchase.

If Customer shall be delinquent in making any applicable payment relating to this Agreement when due, then OIS’s obligations to provide the services described in this Agreement shall be suspended until such time as Customer shall make full payment of the amounts owed to OIS. Such suspension of service shall not have any impact on the amounts due and owing to OIS from Customer, nor shall such suspension of service increase the period of the Term. In the case where the U.S. Government is the Customer, any suspension of services by OIS under this second paragraph of Section 1 shall be subject to and performed in accordance with applicable U.S. Federal law, statutes and regulations.

2. Description of Warranty, Maintenance and Support.

During the Term:

a. Hardware

OIS warrants that the hardware will be free from defects in material and workmanship under normal use. OIS agrees to provide the maintenance and repair required as a result of defects in materials or workmanship, including all parts and labor, that OIS deems necessary and appropriate to restore a failed Product to proper working condition. OIS may choose, in its sole discretion, to repair the Product or to simply replace it. Any such repaired or replaced Products remain subject to all terms and conditions, including without limitation disclaimers of warranties and limitation of liabilities, of the EULA.

In order to obtain service, Customer shall first contact OIS to obtain a Return Merchandise Authorization (“RMA”) number and instructions on how to ship the Product to OIS.

Customer SHALL NOT SHIP PRODUCTS TO OIS without first obtaining an RMA from OIS and full instructions on how to ship the Product to OIS. Failure to obtain the RMA prior to shipping or to ship the Product in accordance with the shipping instructions provided by OIS shall void the warranty on the hardware.

b. Software and Firmware Maintenance

Customer shall be entitled to software and firmware updates (bug fixes, error corrections, etc.), but not major upgrades or enhancements. Customer is entitled to those software and firmware updates that have been made generally available by OIS to its customers from time to time in OIS’s sole determination and discretion, replacing the prior version of the software or firmware. All software and firmware updates are subject to all terms and conditions, including without limitation disclaimers of warranties and limitation of liabilities, of the EULA. Nothing in this Agreement shall be construed as separately licensing copies of the software or firmware to Customer.

c. Product Support

Customer shall be entitled to access to Product Support provided by telephone and e-mail from 9 a.m. to 7 p.m. Eastern time Monday through Friday, excluding U.S. Federal holidays.

“Product Support” refers to services provided via telephone or e-mail to address issues related to licensing, software and/or hardware installation, use of the Product, error messages, and other technical problems specifically related to the Product. OIS does not guarantee that it will solve all problems or correct all errors, but only that OIS will attempt to do so or provide a reasonable workaround. Product Support will not include the following:

product training,

consulting involving hardware integration,

certification assistance,

data importing, collection, or management, or

report creation or customization,

all of which are offered separately by OIS.

For end-user products, Customer must designate one (1) individual per every 200 units or part thereof to act as the primary contact for warranty, maintenance and support services. For every management workstation product, Customer may designate up to two (2) individuals to act as the primary contact for warranty, maintenance and support services. Customer shall contact OIS for support under this Agreement from the OIS support interface as disclosed by OIS to Customer from time to time.

3. Services Excluded.

Coverage under this Agreement does not include:

Hardware other than the Products.

Assistance in setting up hardware or in configuring Customer’s network. Please contact your OIS account manager for additional information on services offered by OIS to assist you in proper installation and implementation of the Products.

Any Products that have been repaired, maintained or intruded into by any parties other than (i) OIS or (ii) a party authorized in writing by OIS.

Repair, maintenance, and adjustment to any Product required for reasons of neglect, misuse or accident, modification without OIS’ prior written approval, improper environment (including lack of proper temperature or humidity), unusual physical or electrical stress or interference, failure or fluctuation of electrical power, lightning, static electricity, fire, acts of God, or operating the Product outside of its written environmental specifications.

Service necessary to comply with requirements or regulations of any government body or agency arising after the date on which the Product was purchased; or if the serial number of the Product has been tampered with or removed.

4. EULA. The EULA is hereby incorporated into this Agreement and made an integral part hereof, except that the applicable warranty period for the relevant Product shall be as set forth in the OIS offer or quote upon which the Customer has placed its purchase order for the Product.

5. Termination by OIS. Without prejudice to any rights or remedies of OIS, OIS may, by written notice to Customer, terminate with immediate effect this Agreement, without any liability whatsoever, if:

Customer fails to make any applicable payment under this Agreement to OIS when due; or

Customer breaches or fails to perform any of the terms or conditions of this Agreement and:

In the case where the U.S. Government is the Customer, any termination by OIS under this Section 5 shall be subject to and performed in accordance with applicable U.S. Federal law, statutes and regulations.

6. Governing Law; Jurisdiction. This Agreement and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to the principles thereof concerning conflict of laws, and the parties hereby submit to the sole and exclusive jurisdiction of the courts of Fairfax County, Virginia. In the case where the U.S. Government is the Customer, the appropriate courts of jurisdiction shall be determined by reference to applicable U.S. Federal law, statutes and regulations.

7. Assignment. All rights under this Agreement apply to the Customer which originally purchased the Product from OIS or one of its authorized resellers, and are not transferable without the prior written consent of OIS.