Terms and conditions of the BDG Hawk Starter Kit

By acquiring the BDG Hawk Starter kit (or “kit”, or “starter kit”) to ACCENT ADVANCED SYSTEMS S.L.U. (or “ACCENT”) the CUSTOMER is accepting the terms and conditions described below.

BDG Hawk Starter kit description

The BDG Hawk starter kit contains 5 units of iBKS Plus, 3 units of BDG Hawk, 3 NFC cards and 3 units of charges with the selected plug.

The Kit comes with a 6 months INMOLECULAR Connected Worker License and 6 months data subscription plan for the SIMs installed in the BDG Hawk, calculated from the purchase date (“demo period”).

The SIM data plan has been sized to handle the data transmission required for a normal use of the devices, and it’s limited to 40MB per month. The SIM card is active in the following countries:

America:
United States, Canada,  Argentina, Colombia, Costa Rica, Chile, Dominican Republic, Ecuador, Honduras, Mexico, Peru, Uruguay

Europe:
Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland (Aland Islands included), France (Mayotte, Reunión, French Guyana, Guadeloupe, Martinique and Saint Martin included)  , Germany, Greece, Hungary, Ireland, Iceland, Italy and Vatican City, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Netherlands, Poland, Portugal (Madeira and Azores included), Slovakia, Slovenia, Spain,  Sweden, Switzerland, United Kingdom (Gibraltar included), Romania

Middle East:
Qatar, Saudi Arabia, United Arab Emirates

Africa:
Algeria, Morocco

The SIM card won’t work in any other country than the list above.

Licenses and Rights of use

The kit is intended for demonstrations and proof of concepts. The CUSTOMER won’t use the kit in any production environment and understands that the full system relies on multiple elements that can’t be controlled by ACCENT SYSTEMS at this stage.

  • 1. ACCENT transfers the devices’ ownership to the CUSTOMER once the corresponding payments are fully executed. ACCENT retains ownership of ACCENT’s intellectual property of the devices. ACCENT grants to the CUSTOMER a non-exclusive, worldwide, non-perpetual and revocable license to use such ACCENT’s intellectual property contained in the devices for demonstration activities of the CUSTOMER.
  • 2. ACCENT retains all rights, and including but not limited to the ownership of the intellectual property of INMOLECULAR. ACCENT grants to the CUSTOMER a non-exclusive, worldwide, non-perpetual, and revocable license included on the kit cost to use such ACCENT’s intellectual property contained in the INMOLECULAR licensed software for the demonstration activities of the CUSTOMER.
  • 3. No Other Rights. ACCENT reserves for itself all other rights and interest not explicitly granted under this agreement.

Restricted Uses. CUSTOMER shall not

  • 4. Restricted Uses. CUSTOMER shall not
  • 5. modify, alter, or create any derivative works of the Licensed Software or the devices,
  • 6. everse engineer, decompile, decode, decrypt, disassemble, or derive any source code from the Licensed Software or the devices, or
  • 7. remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Licensed Software or the devices.

Updates

  • 8. Right to Updates. ACCENT will time to time deploy software and firmware updates to the devices and/or INMOLECULAR without previous announcement as a continuous improvement process.
  • 9. License to Updates. Unless other terms and conditions are agreed by the ACCENT and CUSTOMER before the update deployment, the use of the update will be subject to these terms and conditions.
  • 10. Right to Charge for Updates. Unless other terms and conditions are agreed by the ACCENT and CUSTOMER before the update deployment, the updates will be free of charge until the end of the demo period.
  • 11. Use of Previous Versions. As cloud oriented application, INMOLECULAR and/or devices firmware may be updated to a new version with no access to the previous one.
  • 12. No Support Obligations for Previous Versions. ACCENT will have no obligations to support previous versions of the Licensed Software.

Feedback

If the CUSTOMER provides any feedback, comments, and suggestions to ACCENT regarding the kit, such feedback shall expressly exclude any and all Confidential Information.

The CUSTOMER shall have no obligation to provide feedback to ACCENT. The CUSTOMER is providing the feedback “as is” without warranty of any kind. ACCENT’s use of the feedback shall be at ACCENT’s sole and exclusive risk, and the CUSTOMER will have no liability whatsoever in connection with the feedback.

ACCENT owns and has all rights, title, and interest in any feedback provided by the CUSTOMER who hereby grants to ACCENT a non-exclusive, non-transferable, worldwide, royalty-free, fully paid-up, perpetual, and irrevocable right and license to use such feedback in any form.

Return policy

The SIM Cards installed in the BDG Hawk are a consumable item, so the kit can not be returned. This policy for the BDG Hawk Starter kit prevails over the general return policy of ACCENT.

Limit of liability

ACCENT SYSTEMS does not warrant that the kit will operate error-free or uninterrupted, or will meet customer’s business requirements. The kit are provided “as-is” and ACCENT SYSTEMS hereby specifically excludes and disclaims any and all representations, warranties and conditions, whether expressed, implied or statutory, including, without limitation, implied representations, warranties and conditions of merchantability; merchantable quality, fitness for a particular purpose or non-infringement.

Under no circumstances shall ACCENT be liable for any indirect, special, incidental, exemplary or consequential damages, of any kind or nature whatsoever, arising out of or in any way related to these terms and conditions or the evaluation, whether arising out of breach of warranty, contract, tort (including negligence), strict liability or otherwise, even if ACCENT has been advised of the possibility of such damage or the damage could have been reasonably foreseen, and notwithstanding any failure of essential purpose of any remedy provided herein.  ACCENT’s total liability arising out of or in any way related to this agreement will not exceed the cost of the kit.

End of the service

In case CUSTOMER wants to extend the license for 6 more months will have to contact our sales representatives at least 30 days before the demo period expiration and will quote the required extension. If the demo period expires, ACCENT will terminate the kit, in this state is not possible to reactivate the devices anymore.

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