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Galcon 7101BT - Page 21

Galcon 7101BT
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systems/components/devices/technologies and/or the integration/interface thereof with any
Product
.
; (iii) any part/component which has been included/installed in any Product not at
Galcon’s approval and/or other than by Galcon; (iv) any actual or attempted
change/repair/interference of/with any Product (including any use/handling of, and/or
interference/dealing with, any code of any software included/used in the Product) other than by
Galcon; (v) any data/information/content which has been inserted/included in a Product and/or the
Services; (vi) malfunction or damage resulting from accidents, which occur during transit and/or
handling, and/or malfunction or damage due to fire, earthquake, flood, lightning and/or any other
external disaster; (vii) unforeseen accidents, wear and tear, or any other external factors beyond
Galcon’s reasonable control, or to any Product installed, repaired, adjusted, rebuilt, modified,
changed or converted by any person (including the Customer) other than Galcon;
6. In addition and without derogating from the provisions of these Terms, Galcon’s warranty and the
Customer's rights to use/access the Services and/or the Site, is conditioned upon the all of
following Customer's undertakings taking place: (i) Customer’s operating and maintaining the
Product and/or the Services in accordance with Galcon’s instructions; (ii) Customer’s not being in
default of any payment obligation to the Galcon (or its authorized dealer, as relevant); (iii) the
Customer shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Services; (iv) the Customer shall not to modify, make derivative works
of, disassemble, reverse compile, or reverse engineer any part of the Services; (v) the Customer
shall not to access the Services and/or the Site in order to build a similar or competitive service;
(vi) except as expressly stated herein, no part of the Services may be copied, reproduced,
distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any
means; (vii) the Customer shall not upload, transmit, or distribute any computer viruses, worms,
or any software intended to damage or alter a computer or communication network, computer,
handheld mobile device, data, the Services, the Product, the Product Software, or any other
system, device or property; (viii) the Customer shall not interfere with, disrupt, or attempt to gain
unauthorized access to, the Site, the servers or networks connected to the Services or violate the
regulations, policies, or procedures of such networks; (ix) the Customer shall not access (or
attempt to access) any of the Services by means other than through the interface that is provided
by Galcon; (x) the Customer shall not remove, obscure or alter any proprietary rights notices
(including copyrights and trademark notices) which may be contained in or displayed in
connection with the Services; (xi) any use or access by anyone under the age of 18 is prohibited.
7. Subject to these Terms, as well as additional guidelines, terms, or rules referred to in this
document and incorporated by reference into these Terms, Galcon grants the Customer a non-
transferable, non-exclusive, limited right (without the right to sublicense) to use the Services for
the Warranty Period only and solely for the purpose of controlling and monitoring the Product
installed on Customer's property.
LIMITED WARRANTY CERTIFICATE AND TERMS OF SERVICE FOR "GALCON
SMART PRODUCTS (GSI, CYBER RAIN, 7101BT, 9001BT, 11000BT)"
1. Galcon sells the "Galcon Smart" irrigation controllers ("the products") and provide associated
product software in means of browser based software and/or mobile application software and/or
client based software and/or any other software that provided with the product ("the Product
Software") and certain services ("the Services") through Galcon's Web Site (www.galconc.com)
and/or through any mobile phone and devices application download center and/or through self-
installation software ("the Site"). This Limited Warranty Certificate and Terms of service ("these
Terms") constitute a legal agreement between Galcon and the original purchaser of the Product
(the Customer), and shall govern the Customer's access and use of the Services and the
Product. By accessing the Site and/or by using the Services and/or the Product, the Customer
agrees that he has read, understood, accept and agree to be bound by these Terms. If the Customer
does not agree with any of the provisions of these Terms, the Customer must not access or use the
Services and/or the Product.
2. Galcon shall, for a limited period of 24 months from the retail purchase date of the original (first)
purchaser (“the Warranty Period), provide limited warranty for the Product(s) and the
Services, as provided for and subject to the provisions and limitations of these Terms. Without
derogating from the foregoing, Galcon does not take any obligation to provide the Services (or
any part therefrom) beyond the Warranty Period.
3. Galcon’s Warranty for the Product and/or the Services only extends to the Customer who, upon
requesting warranty service, must present Galcon with a valid and dully signed contract with
Galcon (or any of its authorized dealers) together with a valid purchase receipt. Failure to produce
the said documentation will result in the request for warranty being null and void.
4. Galcon warrants to the Customer that the Product shall materially conform to the description in
Galcon’s documentation and shall be free from defects in material and workmanship.
Accordingly, Customer’s sole and exclusive remedy under this warranty is the repair or to
Galcon’s sole discretion the replacement of the Product or any part\s according to the terms of
this Warranty, and no other remedy shall be available. Therefore, if - within the Warranty Period -
the Product is proven to be defective by reason of faulty workmanship or materials by Galcon,
Galcon undertakes, with reasonable promptness, to have the defective Product (or any part/s
thereof) repaired, or at Galcon’s discretion, replaced; All subject to the terms and conditions of
these Terms.
5. Galcon’s warranty for the Product and/or the Services and/or otherwise, shall not apply to any of
the following: (i) any conduct (by act or omission) not by Galcon, including any misuse/abuse of
any Product and/or the Services (or part/s thereof), and/or any failure to install and/or use any
Product in full compliance with Galcon’s instructions; (ii) other
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