Terms and Conditions

Installation

Unless specified otherwise in writing, Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation and/or its designee shall be responsible for (or authorize the buyer or their staff to perform) the installation of all Products in accordance with any instructions provided by Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation. Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation shall be under no obligation to perform any acceptance test procedures and the date of Buyer's acceptance of the Products shall be the date Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation deliver the Products. Installation services provided may incur an additional charges.

Title and Risk of Loss

Title and risk of loss to the Physical Products passes from Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation to Buyer upon the Physical Products being delivered to a common carrier.

Software

  • 1
  • Ownership Buyer acknowledges that certain Products contain proprietary electronics, software and technical information of Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation or its licensor and that ownership of all patents, copyrights, mask work rights, trademarks, trade names and other intellectual property rights relating to or residing in the Products (collectively, the "Intellectual Property Rights") shall remain with Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation or its licensor.
  • 2
  • Limited License Without limiting the generality of Section 1 above, with regard to any Intellectual Property Rights provided by Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation at any time (whether contained in a Physical Product, provided on a diskette or other media, downloaded remotely or otherwise transferred), the terms "purchase" and "sale" and similar terms used in this Agreement shall mean the grant to Buyer of a non-exclusive, non-transferrable limited license to use such Intellectual Property Rights together with world wide Products for the sole purpose of using the Products, subject to the provisions in any separate license agreement or other document supplied by Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation to Buyer, and in connection with any resale of Products, to grant to the first purchaser thereof
  • 3
  • Restricted Use Buyer may not reverse engineer, decompile, disassemble, translate, copy, modify, alter or otherwise change any Product, in whole or in part, or otherwise obtain the source code for any software provided by Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation by any means, without Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation prior written consent. Buyer may not remove from the Products (or their packaging or documentation), or alter any of Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation trademarks, service marks, trade names, logos, patent or copyright notices or other markings, or add any other notices or markings without Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation prior written consent

Warranty

Limited Warranty for Physical Products Manufactured by Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation. Unless specified otherwise in writing, for Physical Products manufactured by Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation only, Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation warrants to Buyer that for a period of one (1) year from the date Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation delivered the Physical Products to the Buyer (the "Physical Product Warranty Period") such Physical Products will be free from defects in material, workmanship and design. If, during the Physical Product Warranty Period, it is determined that such Physical Product is defective due to faulty workmanship or defective materials, then Buyer shall obtain from Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation a Return Material Authorization (RMA) and return such Physical Product to Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation. Upon receipt of any such Physical Product during the applicable Physical Product Warranty Period, Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation shall, at its expense: (a) at Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation sole discretion, repair or replace such Physical Product, and (b) ship or deliver such Physical Product to return it to its original location.

Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation shall not be obligated to pay for any labor or other costs associated with the removal of defective Physical Products, the shipping of defective Physical Products from Buyer to Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation or the reinstallation of Physical Products, unless otherwise agreed by Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation. No warranty coverage will be provided for Physical Products that have been altered, misused, modified, repaired or serviced in any respect except by Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation or its authorized agent, used for a purpose other than as set forth in the Physical Product documentation or installed contrary to the specific installation instructions, or to the extent the claimed defect is not otherwise reproducible or was caused by environmental factors

Limited Warranty for Service and Installation. For repair and other services provided by Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation to Buyer, Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation warrants to Buyer, for a period of ninety (90) days from the date of Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation's provision of such services (the "Service Warranty Period"), that all repair and other services shall have been performed in a workmanlike manner. Buyer's sole and exclusive remedy under this warranty will be limited to repair or replacement at Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation's option.

Limitations. The warranties provided by Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation are the only warranties provided by Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation with respect to the Products, and may be modified only by a written instrument signed by Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation and accepted by Buyer. The express warranties stated above do not apply to Products not manufactured by Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation, software components not developed by Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation, consumable items (e.g. paper), spare parts or services not provided by Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation. Any Products not manufactured by Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation are covered solely by the manufacturer's warranty. In addition, such warranties do not apply to any software component of a Product which is sold or licensed subject to a separate license agreement relating to such software component. The warranties applicable to any such software component shall be solely as stated in such other license agreement. Triad Transportation Technology and/or its parent company Kaptyn Inc. a Delaware corporation makes no warranties that the use of the software components of any Product will be uninterrupted or errorfree or that such software will operate in conjunction with any other software or with any equipment other than the Products.

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