BINDING TERMS AND CONDITIONS OF SALE AND USE
The following are the terms and conditions (“Terms and Conditions”) for sale and use of any product (“Product”) or software (“Software”) by race display by Hagardzon AB (“race display”) to race display’s customers (“Customers”). “You” or “your” sets forth the terms and conditions under which race display agrees to provide to the Customers, and the Customers agree to acquire from race display maintenance and product support for the Product or Software.
Upon detection of any error in the Product or Software, the Customers agrees to provide race display with a listing of output and any other relevant data, including for example VIN (vehicle identification number), model, model year and/or logs that race display reasonably may request in order to reproduce operating conditions similar to those present when the error was detected.
The Product and Software comes with optional (“License”). The Product or the Software contains a key for the License. The License will be redrawn if the user guideline is not followed.
- Online firmware and software repository access containing the latest firmware for a licensed Product or Software.
- Online access to documentation, FAQs, and release notes.
- Online access to device portal.
- Technical support by email, acknowledge (email response) within five business days.
The License does not include the following:
- Support for the design, development, and/or creation of any specific solutions and/or the creative use of the Product or Software to solve specific issues.
- On-Site support
- Infrastructure related issues
- Third-party software not expressly mentioned in this Agreement.
COLLECTION OF DATA
race display has the rights to store aggregated vehicle data, device data and user data to be used at creating features and publications. race display has the right to sell the aggregated data to third parties.
race display shall invoice the Customers for the Product or Software fee after delivery. All payments shall be due prior thirty (30) days from the date of the invoice. The provision of the License to the Customers is subject to the settlement of invoiced amounts when due. Payments on amounts not received when due shall accrue interest at the lesser of one and one half (1.5) percent or the highest interest rate permitted by law, per month until paid. In addition, in the event that any payment due is not paid, race display reserves the right to withhold or suspend the supply of the License immediately.
Termination shall not relieve the Customers from its obligations to remit payment for all outstanding invoice payments including accrued interest, and collection costs, and including legal fees necessarily incurred by race display in the pursuit of the debt. All payments under this Agreement are exclusive of any central government or local government taxes that may be applicable at the time. All Sales taxes due shall be paid by the Customers.
Product has a hardware warranty period of twelve (12) months from the date of shipment. Software has a warranty period of one (1) month from the date of shipment.
Customers are responsible to pay for any transportation cost incurred for repair of the Product during or after the warranty period. race display warrants that the Product provided shall be performed in a professional and workmanlike manner and in accordance with the description set forth herein.
To the maximum extent permitted by applicable law, race display disclaims and excludes any and all other express, implied and statutory warranties and representations regarding any maintenance or product support provided, including, without limitation, warranties against infringement, and warranties of merchantability or fitness for purpose. race display does not warrant that any maintenance or product support provided will satisfy the Customers requirements or are without defect or error or that the operation of any of its enhancements provided will be uninterrupted. race display does not assume any liability whatsoever with respect to any third-party hardware, firmware, software or services.
LIMITATION OF LIABILITY
In no event will race display, nor any of its officers, directors, employees, shareholders, or other representatives, be liable for any special, incidental, direct, indirect or consequential damages whatsoever, including without limitation, cost of component wear, damages for loss of profits, revenue, data, use, goodwill, or other consequential losses suffered by the Customers or others, even if the possibility of such damages was disclosed or could have been reasonably foreseen.
This limitation of liability applies regardless of whether liability is based on breach of contract, tort, strict liability, breach of warranties, infringement of intellectual property, or failure of essential purpose or otherwise.
The following is not permitted for any reason whatsoever:
- Reverse-engineering, decompiling, disassembling, logging device communication, modifying, or creating derivative works based on the race display Product or Software or any part thereof unless permitted by applicable law.
- The following products shall NOT under any circumstances be used or connected on a vehicle that is in motion:
- The vehicle key shall NOT under any circumstances be located inside the vehicle or within one meter from the vehicle when the following products is connected to the vehicle:
“StyleLight 2” (1)
When the Product or Software is disconnected or connected or to a vehicle, the Customers must make a complete system check on the vehicle to ensure all systems are fully operational in a correct way and that the vehicle is safe to use.
Any claim, action, suit, proceeding or dispute arising out of the Agreement shall in all respects be governed by, and interpreted in accordance with the substantive laws of the Sweden, without regard to conflicts of laws provision. The venue for any actions arising shall vest exclusively in the Courts of the general jurisdiction of the Sweden.
(1) Except when the “ StyleLight 2 ” is delivered with option/variant ”INCOGNITO”