Please read and understand the following important legal information and disclaimer:
Tibbo Technology ("TIBBO") is a Taiwan corporation that designs and/or manufactures a number of hardware products, software products, and applications ("PRODUCTS"). TIBBO PRODUCT range includes BASIC-programmable devices ("PROGRAMMABLE DEVICES") that can run a variety of applications written in Tibbo BASIC ("BASIC APPLICATIONS").
As a precondition to your purchase and/or use of any TIBBO PRODUCT, including PROGRAMMABLE DEVICES, you acknowledge and agree to the following:
| 1. | Tibbo does not have any branch office, affiliated company, or any other form of presence in any other jurisdiction. TIBBO customers, partners and distributors in Taiwan and other countries are independent commercial entities and TIBBO does not indemnify such customers, partners or distributors in any legal proceedings related to, nor accepts any liability for damages resulting from the creation, manufacture, importation, advertisement, resale, or use of any of its PRODUCTS. |
| 2. | TIBBO reserves the right to halt the production or availability of any of its PRODUCTS at any time and without prior notice. The availability of a particular PRODUCT in the past is not an indication of the future availability of this PRODUCT. The sale of the PRODUCT to you is solely at TIBBO's discretion and any such sale can be declined without explanation. If, for whatever reason, we are unable or unwilling to deliver the goods you have already paid for, we will offer a refund that shall not exceed original purchase price. |
| 3. | All specifications and information provided in this Manual are subject to change without prior notice. You agree that it is your responsibility to test all shipments of TIBBO PRODUCTS to determine suitability for your needs. TIBBO assumes no responsibility for any errors which may appear in this Manual, and does not make any commitment to update the information contained herein. |
| 4. | TIBBO makes no warranty for the use of its PRODUCTS, other than that expressly contained in the Standard Warranty located on the Company's website. Your use of TIBBO PRODUCTS is at your sole risk. TIBBO PRODUCTS are provided on an "as is" and "as available" basis. TIBBO expressly disclaims the warranties of merchantability, future availability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from TIBBO shall create any warranty not expressly stated in the Standard Warranty. |
| 5. | Many TIBBO PRODUCTS can and are routinely combined with other hardware or software, either supplied by TIBBO or any third party, to create a combinatorial product or system ("COMBINATORIAL PRODUCT/SYSTEM") where TIBBO PRODUCT constitutes only a portion of such COMBINATORIAL PRODUCT/SYSTEM. Combining a particular TIBBO PRODUCT with other hardware or software, either supplied by TIBBO or any third party, may potentially create a COMBINATORIAL PRODUCT/SYSTEM that violates local rules, regulations, and/or infringes an existing patent, trademark or copyright in a country where such combination has occurred or where the resulting COMBINATORIAL PRODUCT/SYSTEM is manufactured, exported, or sold. TIBBO is not capable of monitoring any activities by its customers, partners or distributors aimed at creating any COMBINATORIAL PRODUCT/SYSTEM, does not provide advice on potential legal issues arising from creating such COMBINATORIAL PRODUCT/SYSTEM, nor explicitly recommends the use of any of its PRODUCTS in combination with any other hardware or software, either supplied by TIBBO or any third party. |
| 6. | Combining a particular PROGRAMMABLE DEVICE with a specific BASIC APPLICATION, either written by TIBBO or any third party, may potentially create an end product (”END PRODUCT”) that violates local rules, regulations, and/or infringes an existing patent, trademark or copyright in a country where such combination has occurred or where the resulting END PRODUCT is manufactured, exported, or sold. TIBBO is not capable of monitoring any activities by its customers, partners or distributors aimed at creating any END PRODUCT, does not provide advice on potential legal issues arising from creating such END PRODUCT, nor explicitly recommends the use of any of its PROGRAMMABLE DEVICES in combination with any BASIC APPLICATION, either written by TIBBO or any third party. |
| 7. | Limitation of liability. By using TIBBO PRODUCTS your expressly agree that TIBBO shall not be liable (to the fullest extent permitted by the law) to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if TIBBO has been advised of the possibility of such damages) resulting from the use or the inability to use any TIBBO PRODUCT. |
| 8. | Patent and copyright infringement. |
A. By purchasing any TIBBO PRODUCT, you agree and acknowledge that the design of all aspects of any COMBINATORIAL PRODUCT/SYSTEM or END PRODUCT is solely your responsibility. You agree that TIBBO shall have no obligation to indemnify or defend you in the event that a third party asserts that your COMBINATORIAL PRODUCT/SYSTEM or END PRODUCT violates third party patents, copyrights, or other proprietary rights.
B. You waive any right to cause TIBBO to defend or indemnify you or any of your customers in connection with a demand related to TIBBO PRODUCTS, including but not limited to any such right as may be imposed or implied by law, statute, or common law.
C. If a demand or proceeding is brought against TIBBO based on an allegation that your COMBINATORIAL PRODUCT/SYSTEM or END PRODUCT violates a patent, copyright, database right, trademark, or other intellectual property right, you shall defend such demand of proceeding and indemnify us and hold us harmless for, from and against all damages and costs awarded against us on the same basis and subject to the same conditions as were applicable to you.
| 9. | "Tibbo" is a registered trademark of Tibbo Technology, Inc. |
| 10. | Terms and product names in this Manual may be trademarks of others. |