All contents of this document, firmware updates / software updates referred to and works generated are the property of SMW Electronics Pty Ltd and this document is private and confidential agreement between SMW Electronics and the User or Group which has applied for a firmware/ software update to be applied to equipment and are subject to legal enforcement of the terms and conditions within this document .
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Controlling Law and Jurisdiction
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Limitations of Liability
TO THE FULLEST EXTENT PEMITTED BY LAW, SMW ELECTRONICS , ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY (1) PERSONAL INJURY; (2) SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (OR FOR ANY LOSS OF: USE, DATA, BUSINESS, OR PROFITS OR ANY OTHER PECUNIARY LOSS); OR (3) COST OF PROCURING SUBSTITUTE SERVICES, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OR RELIANCE UPON SMW ELECTRONICS,COM.AU THE SMW ELECTRONICS SERVICES, CONTENT, MATERIALS OR INFORMATION DIRECTLY OR INDIRECTLY PURCHASED FROM OR PROVIDED BY SMW ELECTRONICS , WHETHER SUCH LIABILITY ARISES UNDER ANY INDEMNITY, WARRANTY, GUARANTEE OR FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THESE LIMITATIONS WILL APPLY EVEN IF SMW ELECTRONICS HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SMW ELECTRONICS S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES OF PERSONAL INJURY) EXCEED THE GREATER OF (1) THE AMOUNT YOU PAID TO SMW ELECTRONICS FOR THE SERVICE GIVING RISE TO THE DAMAGES, OR (2) US$25. THE LIMITATIONS IN THIS PARAGRAPH ARE A PART OF THE BARGAIN BETWEEN THE PARTIES AND APPLY EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
All information contained in this document and includes this agreement document is proprietary and any information generated either as an opinion or review, that is based in part or in full resulted from software updates implementation is not to be released to any 3rd party , online chat or messaging methods , videos and text based messaging , included in any testimonials or any written or referred information without specific written permission and approval from SMW Electronics Pty Ltd. Doing so will be a breach of the conditions outlined within this agreement and will be subject to legal action being taken.
All technical information in this document is subject to change and any software/firmware release which includes any design information may have other features and requirements not outlined within any supporting documents implemented.
Further SMW Electronics gives no warranties or further extends existing warranties or guaranties by installing of firmware updates to equipment , including and not limited to the performance outcomes on the equipment of any software updates being applied to equipment.
No additional testing outside of the checking the firmware update has been applied correctly will be undertaken when an update has been applied.
SMW Electronics Pty Ltd offers majority of software updates for K9 system free of charge , but reserves the right to charge for specific releases and or custom firmware updates which a user or group has requested .
The software updates Implementation costs, including the labour of implementing , handling ,repacking and notification of assisting shipping of equipment that software updates are applied to and or how SMW Electronics so decides the best method of updates maybe applied is at the discretion of SMW Electronics .
Any software update implementation shall be given an estimated cost for the work to the user or group in writing within this document prior to the commencement of the software update being done and if the user / group decides to have any other backward or other firmware release , a fee for this service may be applied.
Firmware updates are released “AS IS” with features / fixes and or changes without warranty or commitment to resolve or improve stated outcome of effect on the equipment.
SMW Electronics may allow for firmware updates to be beta released for testing purposes for a period of time determined by SMW Electronics and ANY person or group so nominated to receive such updates are also under the conditions stated by the terms outlined on this agreement, and have no expectation that a release will be same as tested, nor will such a release be considered final .
SMW Electronics reserves the right do updates and release information at time frames at its discretion and to withhold service or software updates when it believes the user and or group has infringed upon the terms of this agreement .
The loss of existing configuration and times stored is expected when a update is applied and is the responsibility of the user or group to set the unit up for use when returned.
All freight and or customs/ inspection / storage cost where the equipment may require to be sent and returned to implement a software update is at the end users cost. Failure to pay for the equipment return and or leaving the equipment at our service location grater than 30 days after written notification has been given to the user or group that the update has been completed will incur storage fees at $25per 7 day period and paid prior to the return shipment if fees are due.
All monies or fees indicated within this document are in Australian dollars