THE LINX IAS® PRODUCT LICENSE AGREEMENT

1. Agreement.

This Product License Agreement (this “Agreement”) is a binding agreement between the original final consumer (“you” or “your”) and BlackBox Biometrics®, Inc. (“BlackBox Biometrics®, Inc.,” “we,” “our,” or “us”).

BY USING THE LINX IAS® DEVICE OR ANY OTHER ITEMS INCLUDED IN THE PACKAGING FOR WITH THE LINX IAS® DEVICE (COLLECTIVELY, THE “Product”), REGISTERING THE PRODUCT for LIMITED warranty purposes or to any athlete, ACCESSING INFORMATION PROVIDED BY THE PRODUCT, OR DOWNLOADING UPDATES FOR THE PRODUCT, YOU HEREBY: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS PRODUCT LICENSE AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE AND CAPACITY IN YOUR JURISDICTION TO ENTER INTO A BINDING AGREEMENT WITH US; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, RETURN THE UNUSED PRODUCT WITHIN THE RETURN PERIOD TO BLACKBOX BIOMETRICS®, INC. OR THE AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A CREDIT, IN ACCORDANCE WITH OUR RETURN POLICY FOUND IN THIS AGREEMENT.

2. Limited License.

  1. Limited License Grant. Subject to the terms of this Agreement, BlackBox Biometrics®, Inc. you a limited, non-exclusive and nontransferable license to use the Product, download updates for the Product, and to access, download, and use the information generated by the Product (this “License”), on one or more supported electronic communication devices owned or otherwise controlled by you that is capable of accessing the internet via communication carrier or WiFi (i.e. wireless local area network products based on the Institute of Electrical and Electronics Engineers’ 802.11 standards) and which can interface with the Bluetooth functionality of the Product (your “Device”). For purposes of this License, “use” means use of the Product only for your non-commercial, individual, and personal use (or for an Athlete other than your use, provided that you and the Athlete comply with Section 2(c)), and for no other purpose. All such use and access must be made pursuant to: (i) this Agreement; (ii) the other provisions of this User Guide and any terms and conditions contained therein; (iii) the terms of use of our websites used to register the Product for our limited warranty, to register an Athlete, or to submit or receive information provided by the Product (including without limitation, any amendment or addenda to this Agreement located therein); (iv) the end-user license agreement for any mobile application we offer that allows you to access, download, or use information provided by the Product; (v) our privacy policy found at: www.LinxIAS/privacypolicy (“Privacy Policy”); (vi) the Athlete Use Agreement; and (vii) the Product’s documentation found at: http://www.linxias.com (such documentation is referred to as the “Documentation”).
  2. Limited Warranty Registration. You will be required to register an owner account for the Product prior to any use following the directions in this User Guide and the Documentation. YOU MUST REGISTER THE PRODUCT WITH US ON YOUR DEVICE IN ACCORDANCE WITH THE DOCUMENTATION TO RECEIVE THE LIMITED WARRANTY DESCRIBED IN THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR WARRANTY CLAIMS FOR UNREGISTERED PRODUCTS.
  3. Athlete Using the Product. You agree that the License extends only to you as the original final consumer who will use the Product and that causing permitting any other person to use the Product is a material violation of this License, except for the use of a registered Athlete as provided in this Section 2(c). The Product may be subscribed by a single athlete (the “Athlete”), which may be you or another person. If you as the original final consumer are the Athlete, you must agree to the Athlete Use Agreement by clicking “I Agree” when registering yourself as the Athlete for the Product. If you as the original final consumer are not the Athlete who will use the Product, you are required to ensure that the Athlete is of legal age and capacity to enter into the Athlete Use Agreement in your jurisdiction and agrees to the Athlete Use Agreement by clicking “I Agree” during the process to subscribe the Athlete through the process. IF YOU ARE NOT THE ATHLETE AND ARE NOT THE PARENT OR GUARDIAN OF AN ATHLETE WHO IS NOT OF LEGAL AGE AND CAPACITY IN YOUR JURISDICTION, YOU MAY NOT ENTER INTO THE ATHLETE USE AGREEMENT ON BEHALF OF THE ATHLETE. If such an athlete is not of legal age and capacity to enter into the Athlete Use Agreement, you are instead required to ensure that the athlete does not use the Product unless and until the athlete’s parent or legal guardian enters into the Athlete Use Agreement by clicking “I Agree” on his or her behalf where such an action would be binding in the applicable jurisdiction. If you are not the Athlete, you are responsible for obtaining all permissions, consents, approvals, and other compliance required by applicable laws, rules, and regulations to submit and receive information required by us or which is delivered through the use of the Product or our websites for the Athlete, or you must refrain from submitting or receiving such information. If you are not the Athlete, you are responsible for ensuring the Athlete uses the Product only in complete accordance with this User Guide, the Documentation, and all applicable laws, rules, and regulations. If you permit someone other than yourself to be registered as the Athlete, you do so at your own risk. If do not accept these responsibilities with respect to an Athlete other than yourself, do not allow any Athlete other than you to use or register the Product.
  4. Reservation of Rights. You acknowledge and agree that the Product is provided under this License, and not sold, to you. You do not acquire any ownership interest in the Product under this License, nor any other rights thereto other than to use the Product in accordance with the License subject to all terms, conditions and restrictions under this Agreement. BlackBox Biometrics®, Inc. and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Product, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. The Product, any Updates (as defined below), and all material published on our websites or made available through the Product, including, without limitation, text, graphics, photographs, and sounds, and the configuration and arrangement and enhancement thereof, is owned by us or our licensors, and is protected by copyright, trademark, trade secret, patent and other proprietary rights, including, without limitation, copyright laws of the United States of America. BlackBox Biometrics®, Inc., the Linx IAS® logos and symbols, and Linx IAS®, are trademarks of BlackBox Biometrics®, Inc. and/or its affiliates in the United States and certain other countries. All other trademarks are the property of their respective owners. Any trademarks and service marks may not be copied, duplicated or used without the prior written consent of the owner. All rights reserved.
  5. Product Licensed as an Educational Resource, Not a Medical Device. You acknowledge that the Product and all information available therefrom are licensed solely for purposes as an educational resource providing general feedback to users, and not for any other purpose. Information provided through the use of the Product may not be relevant for your personal situation. A true or complete healthcare assessment of any person requires a medical examination by a person licensed to do so as well as information not obtained from the Product. The Product is not a medical device. The Product does NOT prevent or predict concussions, and is not a substitute for a doctor’s examination or expertise in the event of a possible injury. The Product is intended to indicate a level of head impact to the user, and will NOT indicate whether a concussion has occurred. Head contact in any sport may result in concussion or a brain injury which no helmet or system can prevent. Symptoms include, without limitation: loss of consciousness or memory, dizziness, headache, nausea or confusion. If the Athlete has these symptoms, regardless of whether Product has signaled a substantial hit, the Athlete must immediately stop playing and report them to his or her coach, trainer, or responsible adult. The Athlete must not return to contact sports until you receive clearance from a medical professional. SPORTS INVOLVING CONTACT EXPOSE PLAYERS TO SERIOUS PERSONAL INJURIES INCLUDING BRAIN DAMAGE, PARALYSIS OR BOTH.
  6. Limitations of the Product. The Product will not react to every acceleration to the head, but only those hits to the head that measure the peak G levels. Concussion can occur at or below those levels. Therefore, if the Athlete notes any of the symptoms previously mentioned, he or she must seek immediate medical attention. The Product may react to significant hits to parts of the body other than the head. Before use of the Product pursuant to the License, the Athlete must read and understand the entire contents of the User Manual. It is critical that the Athlete follow these instructions regarding inserting the Linx IAS® device component of the Product into the Product softgood (which may be a skull cap, headband, or other apparel included in the packaging with the Product, hereinafter the Product “Softgood”), placement of the Product Softgood on the Athlete’s head during use, as well as follow the instructions on maintenance of the Product. Failure of the Athlete to properly insert and/or wear the Product or any component thereof according to the instructions or failing to properly maintain it may cause the Product to fail to perform properly, and would constitute a material violation of this License. Even if Product is inserted and worn properly, contact may cause the Product Softgood to shift, therefore reducing or eliminating the effectiveness of the Product. The Product uses a proprietary algorithm similar to the calculation used in the Head Injury Criterion (“HIC”). HIC is a calculation derived from the acceleration/time history of an impact to a simulated human head. HIC CANNOT PREDICT THE NATURE OR SEVERITY OF INJURIES RESULTING FROM AN IMPACT. IT IS NOT A SUBSTITUTE FOR MEDICAL DIAGNOSIS OR TREATMENT. Neither the Product nor the information collected therefrom nor our websites are intended to, nor do they, provide a diagnosis or treatment of you or as to any set of facts input therein, nor should the information provided thereat be deemed as an indication of your health. Any information provided through the Product, in the Documentation, or on our websites is intended as general in nature and not as a substitute for a visit to a healthcare professional.
  7. Product Not a Substitution for Medical Advice. The Product DOES NOT AND should not take the place of a visit to and the advice and recommendations of a healthcare professional. If THE ATHLETE believes that HE OR SHE has or may have a health problem of any kind, THE ATHLETE MUST contact and visit a healthcare professional. NO INFORMATION PROVIDED THROUGH THE PRODUCT, ITS DOCUMENTATION, OR OUR websites MAY BE CONSIDERED MEDICAL ADVICE. Neither use of our websites nor the Product shall create a patient-physician relationship between you and us, NOR BETWEEN US AND THE ATHLETE. If you experience any malfunctioning messages THE ATHLETE must NOT continue to use the Product, and must instead immediately cease use of the Product. Any use of the Product after receiving malfunctioning messages is not licensed by us, and constitutes a material violation by you of this License.
  8. Negative Covenants. You agree that you shall not, and shall not permit others to:
    1. use or reproduce the Product (including, without limitation, any source and object code associated therewith), or access information provided by the Product, except in strict accordance with this Agreement and the Documentation;
    2. modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Product (including, without limitation, any source and object code associated therewith);
    3. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code or object code of the Product or any part thereof (including, without limitation, any source and object code associated therewith);
    4. remove, delete, alter or obscure any warnings or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Product;
    5. rent, lease, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Product or any features or functionality of the Product, to any third party for any reason, including by making any part of the Product available on a network where it is capable of being accessed by more than one Device;
    6. remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Product (including, without limitation, any source and object code associated therewith);
    7. cause or permit anyone other than you or the Athlete who complies with Section 2(c) to use or access the Product; use the Product (or permit or cause the Athlete to use the Product) in violation of any applicable law, rule, or regulation; or
    8. use the Product in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including without limitation, medical or life-support systems.
  9. Privacy. You acknowledge that when you and the Athlete use the Product, we may use automatic means (including, for example, cookies and web beacons) or other records to collect information about your Device and about the use of the Product, which we may use to improve the Product, troubleshoot problems, and deliver the functionality of the Product. You and the Athlete may be required to submit information about yourself or permissions to access features of your Device as a condition to downloading, installing, or using the Product or accessing certain of its features or functionality, and the Product may provide you with opportunities to share information about yourself with others. Information we collect through or in connection with this Product is subject to our Privacy Policy found at: www.linxias/privacypolicy (our “Privacy Policy”). The Product may provide you with access to our websites (the “Websites”) and products and services available thereon, and certain features, functionality, and content accessible on or through the Product may be hosted on the Websites. Your and the Athlete’s access to and use of such content is governed by this Agreement, the Websites’ applicable terms of use, and our Privacy Policy. By using, receiving information through, or providing information to or through the Product, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and Websites’ terms of use. Any violation of the Websites’ terms of use or our Privacy Policy is a material breach of the License by you. Do not share your password or log-in identifiers for the Product with any third party. You understand and agree that we use cloud-based technology to deliver functionality.
  10. International Compliance is Your Responsibility. The Product’s software functionality is based in the state of New York in the United States. If you access the Product from outside the United States, you are solely responsible for YOUR compliance with all applicable international, and local laws. You acknowledge that you may not be able to access all or some of the Product’s features in certain countries and that access thereto may not be legal by certain persons or in certain countries. IF THE PRODUCT DOES NOT COMPLY WITH ANY APPLICABLE INTERNATIONAL OR LOCAL LAW, RULE, OR REGULATION, YOU MUST NOT USE THE PRODUCT AND MUST IMMEDIATELY RETURN IT TO US FOR A REFUND AS PROVIDED IN THIS AGREEMENT.
  11. Updates. BlackBox Biometrics®, Inc. may from time to time in its sole discretion develop and provide Product updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that BlackBox Biometrics®, Inc. has no obligation to you to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet, API, or other communication systems either: (i) the Product may automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. In either case, you agree to promptly download and install all Updates and acknowledge and agree that the Product or portions thereof may not properly operate should you fail to do so. You are also responsible to ensure that, if you are not the Athlete, that the Athlete does not use the Product without first applying all available Updates. You further agree that all Updates will be deemed part of the Product and be subject to all terms and conditions of this Agreement. YOU ARE RESPONSIBLE FOR UPDATING THE PRODUCT AND ANY DEVICE WHICH ACCESSES, SUBMITS, OR RECEIVES INFORMATION USING THE PRODUCT WITH THE LATEST UPDATES. USE OF THE PRODUCT BY YOU OR THE ATHLETE WITHOUT PROMPTLY DOWNLOADING AND INSTALLING UPDATES IS A MATERIAL VIOLATION BY YOU OF THE LICENSE AND CAN CAUSE THE PRODUCT TO MALFUNCTION.
  12. Third Party Materials. Through your use of the Product pursuant to this License, the Product or information collected thereby may display, include or make available third-party content (including data, information, Products and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that BlackBox Biometrics®, Inc. is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ own unique terms and conditions.
  13. Term; Termination. The term of the License for this Product commences as of the time you first use the Product, download updates for the Product, or access, download, and use the information generated by the Product, and the License will continue in effect until terminated. We may terminate this License at any time, without notice, at our sole discretion. In addition, this License will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this License, if the Athlete violates any of the terms and conditions of the Athlete Use Agreement, or if you return the Product for a refund. Upon termination of this License: (i) all rights granted to you under this Agreement will also terminate; and (ii) you and the Athlete must cease all use of the Product, desist from accessing information collected by the Product, and delete any copy of the Product from your Device. You are responsible for ensuring that the Athlete complies with these requirements. Termination will not limit any of our rights or remedies at law or in equity, and all of your obligations and covenants to us hereunder, together with all provisions necessary or desirable to interpret such obligations and covenants, shall survive any such termination.

3. Limited Warranty.

Our limited warranty obligations are limited to the following terms:

  1. Our limited warranty gives you specific legal rights, and you may have other rights in addition, which may vary from country to country and even from state to state. We provide the following limited warranty: BlackBox Biometrics®, Inc. warrants to the original final consumer that the Product will be free from defects and workmanship under normal consumer use for a period of one (1) year from the date of purchase. Please keep your receipt as proof of purchase. Our limited warranty extends only to Products originally purchased from BlackBox Biometrics®, Inc. or an authorized BlackBox Biometrics®, Inc. distributor. YOU MUST REGISTER THE PRODUCT WITH US ON YOUR DEVICE IN ACCORDANCE WITH THE DOCUMENTATION TO RECEIVE THE LIMITED WARRANTY. WE ARE NOT RESPONSIBLE FOR WARRANTY CLAIMS FOR UNREGISTERED PRODUCTS.
  2. Exclusive Remedy for Limited Warranty Claims. If the Product has been registered with us and is proven defective and a valid claim is received within the one (1) year warranty period, your sole and exclusive remedy for breach or non-fulfillment of the limited warranty is that we shall, at our sole option and at no additional cost or charge to you, either: (i) request that you return the Product to us pursuant to our Return Policy (as set forth below) and then replace the Product with a new product of the same or comparable functionality (as determined by us in our reasonable discretion); or (ii) request that you return the Product to us pursuant to our Return Policy (as set forth below) and then credit you for a refund of the purchase price of the Product, limited to the purchase price imprinted on your receipt. The Product for which the replacement or refund is provided must be returned to us in accordance with our Return Policy and after return becomes BlackBox Biometrics®, Inc.’s property. To the extent permitted by law, this warranty and remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, statutory, express or implied. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLACKBOX BIOMETRICS® , INC, ITS AGENTS, EMPLOYEES, OR ANY BLACKBOX BIOMETRICS®, INC. AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR TO ASSUME ANY LIABILITY FOR ANY EXCLUSIONS, DISCLAIMED ITEMS, OR OTHERWISE INCONSISTENT WITH THE LIMITATION OF LIABILITY, SHOULD THE PRODUCT PROVE DEFECTIVE OR OTHERWISE.
  3. Warranty Exclusions. This limited warranty does not apply: (i) to excessive abuse or damage not caused by normal operational use, including without limitation, non-compliance with any maintenance and care procedures stated in the Documentation; (ii) to damage incurred by mishandling the Product outside of its normal operational use, such as excessive bending, scratching, biting, chewing, or striking against a hard surface; (iii) to damage caused by laundering the Product, or caused by other exposure to or submerging of the Product in water, moisture, or other liquid; (iv) to damage caused by impact outside of its normal operational use, including without limitation, if the Product or the Athlete is struck or jostled while the Product owner is running or charging during use, or if the Product falls from the Athlete during use and is struck, crushed, or stepped upon; (v) to damage caused by direct or indirect exposure to heat or sunlight; (vi) to cosmetic damage, including but not limited to scratches and dents; (viii) to damage caused by use of the Product with non-BlackBox Biometrics®, Inc. products; (vii) to damage caused by commercial use; (viii) to any damage caused by any violation of this Agreement (including without limitation, of the License); (ix) to damage caused by misuse, theft, loss, sand, dust, dirt, corrosion, fire, earthquake or other external causes; (x) to damage caused by operating the product outside the permitted or intended uses described in the Documentation (please note the maintenance and care procedures stated in the Documentation); (xi) to the Product that has been modified to alter functionality or capability without our advance express written permission; (xii) to the Product resulting from use by any person other than you; (xiii) to any damage or incompatibility with the Device; or (xiv) if any number, letter, and/or symbol appearing on the Product used to identify the Product has been removed or defaced.
  4. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN OUR LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BLACKBOX BIOMETRICS®, INC., ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS (THE “DISCLAIMING PARTIES”) EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE DISCLAIMING PARTIES PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, PRODUCTS, SYSTEMS OR SERVICES (INCLUDING WITHOUT LIMITATION YOUR DEVICE), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, THEREFORE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. If THE DISCLAIMING PARTIES cannot lawfully disclaim statutory or implied warranties, then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express warranty and to repair or replacement service as determined by us in our sole discretion.
  5. Limitation of Liability. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLACKBOX BIOMETRICS®, INC., its shareholders, directors, offIcers, employees, affiliates, distributors, resellers and representatives, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR OR THE ATHLETE’S USE OF, MISUSE OF, OF OR INABILITY TO USE THE PRODUCT INCLUDING BUT NOT LIMITED TO:
    1. ANY CLAIMS ASSERTING OR BASED ON THE USE, INABILITY TO USE, LOSS, INTERRUPTION OR DELAY OF THE SERVICES, LOSS OF USE OF FACILITY OR EQUIPMENT, LOST BUSINESS, REVENUES OR PROFITS, LOSS OF GOODWILL, FAILURE TO ACHIEVE COST SAVINGS, FAILURE OR INCREASED COST OF OPERATIONS, LOSS, DAMAGE OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SERVICE FAILURE, MALFUNCTION, DOWNTIME, SHUTDOWN, SERVICE INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION OR BREACHES IN SYSTEM SECURITY.
    2. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES.
    3. ALL DIRECT DAMAGES THAT IN THE AGGREGATE EXCEED THE GREATER OF: (A) THE PURCHASE PRICE YOU PAID FOR THE PRODUCT AS SHOWN ON YOUR PROOF OF PURCHASE; OR (B) TWO HUNDRED AND FIFTY U.S. DOLLARS ($250.00).
    4. BlackBox Biometrics®, Inc. assumes no responsibility for the accuracy of the information presented through the use of the product, which is subject to change without notice.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR BLACKBOX BIOMETRICS®, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THEREFORE SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT THE PRODUCT IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA, OR INFORMATION PROVIDED BY THE PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL OR ENVIRONMENTAL DAMAGE. THIS LIMITATION SHALL APPLY EVEN IF THE ABOVE STATED EXCLUSIVE REMEDY FOR THE LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.

4. Return Policy.

  1. Returns for a Refund. At any time within thirty (30) days of purchase, you may return the entire Product to BlackBox Biometrics®, Inc. for a full refund, provided that if the Product, or any portion thereof, is damaged due to reasons not covered under the limited warranty set forth in this Agreement, the Product cannot be accepted back for a refund. In order to return the entire Product in exchange for a refund, you must request a return merchandise authorization (“RMA”) number from us by or before 5pm EST of the 30th day of purchasing the Product, as shown on your sales receipt. For customers in the United States or Canada please contact us by sending an e-mail to support@linxias.com (with a read receipt requested) or call us during our business hours 9am – 5pm EST (585) 690-2240. YOU MUST CALL OR EMAIL TO OBTAIN AN RMA NUMBER PRIOR TO RETURNING THE ENTIRE PRODUCT FOR A REFUND. Once an RMA number is issued, we will provide you with a printable pre-paid shipping label which you must use to return the entire Product to us in accordance with the instructions we provide you. You must agree to follow the instructions, including, if required, arranging the return of the entire Product to BlackBox Biometrics®, Inc. in a timely manner using the pre-paid shipping label we provide. The entire returned Product becomes our property upon our receipt.
  2. Obtaining a Replacement or Refund Pursuant to the Limited Warranty. Please access and review the FAQ of the User Manual or online help resources on our websites before contacting customer support. If the Product is still not functioning properly after using the help resources, please contact the customer support as noted below directly via phone or e-mail. A representative will help determine whether the Product requires service and, if it does, will inform you how the service will be provided. For customers in the United States or Canada please contact us by sending an e-mail to support@linxias.com (with a read receipt requested) or call us during our business hours 9am – 5pm EST (585) 690-2240. YOU MUST CALL OR EMAIL TO OBTAIN AN RMA NUMBER PRIOR TO RETURNING THE PRODUCT FOR A REPLACEMENT OR REFUND PURSUANT TO OUR LIMITED WARRANTY. Once an RMA number is issued, we will provide you with a printable pre-paid shipping label which you must use to return the defective Product to us in accordance with instructions we provide you. You must return the Product within thirty (30) days of the issuance of your RMA number, according to industry standards. Otherwise your RMA number will expire and limited warranty service will need to be re-evaluated by the BlackBox Biometrics® A new RMA number will be issued, if the Product is still eligible for our limited warranty. We will not extend the term of our limited warranty to accommodate re-issuance of expired RMA numbers. You must agree to follow instructions, including, if required, arranging the return of original Product to BlackBox Biometrics® in a timely manner. The returned Product becomes our property upon our receipt. If a replacement Product is provided, any replacement Product becomes your property upon your receipt.
  3. After Our Receipt of a Returned Product. After any Product is returned to us, we will inspect the returned Product to determine if the returned Product is eligible for a replacement or refund pursuant to our limited warranty. Returned Products not accompanied by an RMA number, not accompanied by a copy of your original sales receipt for the Product from an authorized dealer, or which are sent without our pre-printed return label may be rejected by us in our sole discretion. Replacement Products will be sent within a commercially reasonable time, and will typically be mailed within 5 business days (not including the time to ship the replacement Product) if in stock. Replacement Products are mailed via standard ground delivery. If the returned Product is not eligible for a replacement or refund, your original Product will be mailed back to you within a commercially reasonable time via standard ground delivery.
  4. E-mailing Us to Request an RMA. When requesting an RMA via e-mail or telephone, you must provide the following information:
    1. reason for Product return;
    2. your first and last name;
    3. your e-mail address;
    4. your shipping address;
    5. the Product you are returning; and
    6. date of purchase from an authorized dealer, as shown on your sales receipt.
  5. Special Instructions. When you contact us to request an RMA number, we may require further clarification, troubleshooting, or may have other special instructions. We will respond to requests for RMA numbers in a commercially reasonable time, typically within three (3) business days.

5. Export Regulation.

The Product may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Product to, or make the Product accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Product available outside the US.

6. U.S. Government Rights.

The Product contains commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Product as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.

7. FCC Rule Compliance.

The Product complies with Part 15 of the FCC rules. Operation is subject to the following two conditions: (a) this device may cause harmful interference; and (b) this device must accept any interference received, including interference that may cause undesired operation. U.S. FCC ID: 2ADE6-LinxIAS-v1-0

8. Severability.

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

9. Governing Law.

This Agreement is governed by and construed in accordance with the internal laws of the State of New York, United States of America without giving effect to any choice or conflict of law provision or rule. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any legal suit, action or proceeding arising out of or related to this Agreement or the Product shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in Monroe County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

10. Limitation of Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Entire Agreement.

This Agreement, the Documentation, the Privacy Policy, the Athlete Use Agreement, and (if applicable) any Mobile Application End User License Agreement constitute the entire agreements between you and BlackBox Biometrics®, Inc. with respect to the Product and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Product. Any translation of this Agreement was done for local requirements and in the event of a dispute between the English and non-English versions, the English version of this Agreement shall govern, to the extent not prohibited by local law in your jurisdiction.

12. Waiver.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

13. Amendment and Modification.

This Agreement may be amended, modified and supplemented only as expressly set forth herein, or by the express mutual written agreement of you and us.

14. Notices.

You hereby consent that we may use any contact information you used to register the Product with us via mail, e-mail, telephone, or facsimile, to make any notice, request, demand or other communication required or permitted by this Agreement. Each notice, request, demand or other communication to us that is required or permitted by this Agreement, shall be in writing and shall be sent by certified mail, return receipt requested, postage prepaid, and addressed to: BlackBox Biometrics, 125 Tech Park Drive, Rochester, NY 14623, except that for purposes of requesting an RMA number for returns in full accordance with our return policy, you may instead contact us via e-mail at support@linxias.com with a read receipt requested or may call us during business hours 9am – 5pm EST (585) 690-2240.

15. No Assignment.

You may not assign this Agreement without our prior written consent.

16. Binding Obligation.

This Agreement and all of the respective provisions hereof and thereof shall be binding upon and inure to your benefit and to the benefit of us and your and our respective successors and assigns.

17. Third Parties.

Except as specifically set forth or referred to herein, nothing herein expressed or implied is intended or shall be construed to confer upon or give to any person or entity other than those referenced herein and their respective successors or assigns, any rights or remedies under or by reason of this Agreement.

18. Construction.

No provision of this Agreement shall be construed in favor of or against us by reason of the extent to authorship of this Agreement. References to Sections herein include all subsections. The headings and captions of this Agreement are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of this Agreement. When used herein with respect to any matter, the term “including” or “includes” means including but not limited to such matter.

19. Indemnities.

You agree to indemnify and hold harmless BlackBox Biometrics®, Inc. and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal expenses, including reasonable attorneys’ fees, costs of investigation, expert fees, costs and necessary disbursements, in addition to any other relief to which such we may be entitled, arising from or relating to (a) your breach or threatened breach of this Agreement, whether caused by you, the Athlete, or any third party; (b) your or the Athlete’s use or misuse of the Product; (c) for any information or content you or the Athlete submits or makes available through use of the Product; and (d) any disputes between you and the Athlete, including without limitation, the access to and use of information generated by the Product.