Mavrik-Pro Developer terms and conditions of sale including limitations of warranty
ALL GOODS AND SERVICES (COLLECTIVELY, “THE PRODUCTS”) FURNISHED BY STRIKERVR, INC. ARE GOVERNED BY THESE TERMS AND CONDITIONS OF SALE INCLUDING LIMITATIONS OF WARRANTY (HEREINAFTER *TERMS AND CONDITIONS*), INCLUDING THOSE ON THE FACE OF BUYER’S INVOICE, AND ANY PROVISIONS OF BUYER’S ORDER OR OTHER COMMUNICATION IN CONFLICT WITH THESE TERMS AND CONDITIONS ARE EXPRESSLY REJECTED. STENOGRAPHIC AND CLERICAL ERRORS ARE SUBJECT TO CORRECTION. BUYER’S INVOICE IS AN OFFER, AND BUYER’S ACCEPTANCE OF THAT OFFER IS EXPRESSLY LIMITED TO BUYER’S ACCEPTANCE OF THE TERMS AND CONDITIONS. NO ADDITIONS OR MODIFICATIONS SHALL BE VALID UNLESS CONFIRMED IN WRITING BY STRIKERVR INC. STRIKERVR INC IS NOT BOUND TO FURNISH ITS GOODS OR SERVICES EXCEPT IN ACCORDANCE WITH THE TERMS AND CONDITIONS.
ACCEPTANCE
GOODS FURNISHED OR SERVICES PERFORMED BY STRIKERVR INC IN ALL EVENTS WILL BE DEEMED TO HAVE BEEN ACCEPTED WITHIN THIRTY (30) DAYS AFTER RECEIPT OF BUYER, UNLESS RIGHTFULLY REJECTED WITHIN SUCH PERIOD BY WRITTEN NOTICE TO STRIKERVR INC, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, SETTING FORTH ALL OF THE DEFECTS UPON WHICH THE REJECTION IS CLAIMED. CLAIMS FOR FACTORY DAMAGE OR SHORTAGES SHALL NOT BE CONSIDERED UNLESS MADE IN WRITING WITHIN TEN (10) DAYS AFTER RECEIPT OF THE GOODS OR SERVICES AND ACCOMPANIED BY REFERENCE TO OUR BILL OF LADING AND BUYER’S INVOICE NUMBERS. BUYER’S CLAIMS FOR DAMAGE OR SHORTAGE IN TRANSIT MUST BE FILED BY BUYER AGAINST CARRIER. DEFECTIVE PRODUCT MUST BE RETURNED FOR INSPECTION AND DISPOSITION. AN RMA (RETURN MERCHANDISE AUTHORIZATION) NUMBER MUST BE OBTAINED PRIOR TO RETURNING ANY PRODUCT TO STRIKERVR INC.
LIMITED PRODUCT WARRANTY / REMEDY
STRIKERVR INC WARRANTS THAT ALL GOODS SOLD BY STRIKERVR INC WILL BE OF THE KIND AND QUANTITIES SPECIFIED IN BUYER’S INVOICE AND ARE FREE FROM DEFECTS IN TITLE AND DEFECTIVE WORKMANSHIP OR MATERIAL AS OF THE TIME AND PLACE OF DELIVERY BY STRIKERVR INC. THE SOLE AND EXCLUSIVE PRODUCT WARRANTY ON THE PRODUCTS IS COPIED BELOW AS THE LIMITED WARRANTY & REPAIR POLICY SECTION. YOU CAN FIND A CURRENT COPY OF THIS POLICY AT: STRIKERVR.COM/WARRANTY-REPAIR. SINCE THIS IS A COPY OF THE LIMITED WARRANTY & REPAIR POLICY, YOU ACKNOWLEDGE IT MAY NOT CONTAIN UP-TO-DATE RIGHTS AND PRICING ASSOCIATED WITH YOUR LIMITED WARRANTY OR REPAIR. YOU FURTHER AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM ANY ALLEGED BREACH OF AN EXPRESS OR IMPLIED PRODUCT WARRANTY WILL BE FOR REPAIR OR REPLACEMENT OF THE PRODUCTS, AND THAT ANY SUCH CLAIM MAY ONLY BE MADE WITHIN ONE YEAR OF YOUR PURCHASE OF THE PRODUCTS, AND THE TERMS AND CONDITIONS FOR ANY SUCH CLAIM ARE SET FORTH UNDER THE LIMITED WARRANTY & REPAIR POLICY SECTION.
ANY WARRANTY CLAIM MADE UNDER THESE TERMS AND CONDITIONS OR IN ACCORD WITH APPLICABLE LAW SHALL BE VOID AND IS OTHERWISE WAIVED IF: (I) THE PRODUCTS HAVE BEEN MODIFIED, TAMPERED WITH, MISUSED, OR SUBJECTED TO ABNORMAL WORKING CONDITIONS; (II) THE PRODUCTS HAVE PHYSICAL DAMAGE TO THEIR SURFACE; OR (III) THE PRODUCTS MALFUNCTION OR FAILURE RESULTED IN WHOLE OR PART FROM THEIR USE WITH ONE OR MORE OTHER PRODUCTS, SUCH AS, ACCESSORIES, PERIPHERALS, OR ANY THIRD-PARTY SOFTWARE OR EQUIPMENT. THESE TERMS AND CONDITIONS ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF FITNESS OR SUITABILITY FOR A PARTICULAR USE OR PURPOSE, BOTH OF WHICH ARE HEREBY WAIVED BY YOU TO THE FULL EXTENT ALLOWED BY LAW.
INDEMNIFICATION
BUYER SHALL DEFEND, INDEMNIFY AND HOLD STRIKERVR INC, ITS OWNER(S), OFFICERS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSS, COSTS, DAMAGE OR EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES) OF ANY KIND OR NATURE WHATSOEVER RELATING TO THE PERFORMANCE BY STRIKERVR INC HEREUNDER INCLUDING WITHOUT LIMITATION, CLAIMS MADE BY BUYER OR ANY THIRD PARTY FOR PROPERTY DAMAGE OR PERSONAL INJURY (INCLUDING DEATH), WHETHER SUCH CLAIMS ARE PREMISED ON CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY). THIS INDEMNITY PROVISION SHALL NOT APPLY WHERE SUCH DAMAGE OR INJURY IS ATTRIBUTABLE SOLELY TO THE NEGLIGENCE OF STRIKERVR INC OR ITS EMPLOYEES.
WAIVER AND RELEASE OF STRIKERVR INC FROM LIABILITY FOR ANY CLAIMS FOR DAMAGES
YOU ACKNOWLEDGE THAT THE PRODUCTS WILL BE SUBJECT TO UPGRADES OR FUTURE RELEASES, WHICH MAY INCLUDE CHANGES TO THEIR FEATURES, OPERATION, SPECIFICATIONS, AVAILABILITY, PRICING, AND PACKAGING. YOU FURTHER ACKNOWLEDGE THAT THE USE OF THE PRODUCTS COULD RESULT IN DAMAGE TO YOUR EQUIPMENT, SOFTWARE, SERVERS, OR OTHER DEVICES, WHICH MAY INCLUDE SYSTEM DOWNTIME, EQUIPMENT DAMAGE, OR SOFTWARE ERRORS OR OTHER FAILURES. IN ADDITION, THE IMPROPER USE OF THE PRODUCTS BEYOND STRIKERVR INC’S RECOMMENDATIONS COULD RESULT IN A HEALTH HAZARD OR INJURY, INCLUDING, BUT NOT LIMITED TO BURNS, CUTS, PUNCTURES, BRUISES, DAMAGE TO LIMBS OR JOINTS, AND LOSS OF LIFE. IN THAT REGARD, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS THAT YOU MAY HAVE OR THAT MAY ARISE IN THE FUTURE AGAINST STRIKERVR INC FOR DAMAGES OR ANY OTHER HARM ARISING OUT OF OR RELATED TO THE PRODUCTS OR ANY OF THEIR COMPONENTS, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM THE USE, HANDLING, TESTING, EVALUATION, SALE, PURPORTED FAILURE OF, OR DESIGN DEFECT WITHIN THE PRODUCTS OR ANY OF THEIR COMPONENTS. IN ADDITION, YOU HEREBY RELEASE STRIKERVR INC FROM ANY AND ALL CLAIMS, KNOWN AND UNKNOWN, THAT YOU MAY HAVE OR THAT MAY ARISE IN THE FUTURE RELATED TO THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM THE USE, HANDLING, TESTING, EVALUATION, SALE, PURPORTED FAILURE OF, OR DESIGN DEFECT WITHIN THE PRODUCTS OR ANY OF THEIR COMPONENTS.
LIMITATION OF LIABILITY AND INDEMNITY FOR MULTIPLE-
PLAYER USE FACILITIES
YOU ALSO HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STRIKERVR INC OF AND FROM ANY AND ALL CURRENT OR FUTURE CLAIMS, INCLUDING CLAIMS AND/OR LIABILITIES FOR BODILY INJURY, PROPERTY DAMAGE, AND ANY OTHER CLAIM OR TYPE OF DAMAGE AND/OR INJURY WHATSOEVER, INCLUDING CLAIMS FOR INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES BY ANY AND ALL PERSONS, FIRMS AND ENTITIES, INCLUDING ANY CLAIMS THAT MAY BE MADE BY ANY EMPLOYEE OF YOU, OR ANYONE ELSE, WHICH RELATE IN ANY WAY TO THE PRODUCTS WHEN THEY ARE DEPLOYED BY YOU OR ANYONE ELSE ON YOUR BEHALF OR AT YOUR REQUEST IN A COMMERCIAL, RETAIL OR GOVERNMENTAL FACILITY WHERE MULTIPLE PLAYERS USE THE PRODUCTS (“MULTI-PLAYER USE”). IN NO EVENT SHALL STRIKERVR INC’S LIABILITY TO YOU FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO ANY MULTI-PLAYER USE EXCEED THE PURCHASE PRICE PAID BY YOU TO STRIKERVR INC FOR THE PRODUCTS.
STRIKERVR INC’S OWNERSHIP OF INTELLECTUAL PROPERTY AND PROPRIETARY INFORMATION
YOU AGREE NOT TO REVERSE ENGINEER OR ATTEMPT TO DERIVE THE COMPOSITION OR THE UNDERLYING INFORMATION OF THE PRODUCTS OR ANY OF THEIR COMPONENTS AND AGREE NOT TO DIRECT OR OTHERWISE ASSIST ANYONE ELSE IN AN EFFORT TO DO SO. YOU AGREE NOT TO DISCLOSE OR OTHERWISE DELIVER THE PRODUCTS OR THEIR COMPONENT PARTS TO A THIRD PARTY WITHOUT PRIOR WRITTEN APPROVAL FROM STRIKERVR INC OR EXPORT OR RE-EXPORT PRODUCT TO ANY COUNTRY WITHOUT OBTAINING ALL NECESSARY APPROVALS FROM STRIKERVR INC. YOU ACKNOWLEDGE AND AGREE THAT STRIKERVR INC OWNS ALL RIGHTS, TITLE AND INTERESTS IN THE STRIKER VR TRADEMARK AND IN ANY INNOVATIONS, COPYRIGHTS, TRADE SECRETS, PATENTS OR OTHER PROPRIETARY INFORMATION INCORPORATED IN OR RELATED TO THE PRODUCTS OR THEIR COMPONENTS; AND YOU AGREE NOT TO REGISTER, FILE A PATENT APPLICATION, FILE A TRADEMARK APPLICATION, OR OTHERWISE MAKE CLAIMS ON THE UNDERLYING TECHNOLOGY OF THE PRODUCTS OR ANY RELATED INTELLECTUAL PROPERTY RIGHTS. FURTHER, YOU AGREE TO MAINTAIN IN CONFIDENCE AND NOT DISCLOSE TO OTHERS OR USE IN ANY MANNER EXCEPT IN CONNECTION WITH THE USE OR EVALUATION OF THE PRODUCTS ANY TECHNICAL OR OTHER PROPRIETARY DETAILS REGARDING THE PRODUCTS DISCLOSED BY STRIKERVR INC TO YOU AND IDENTIFIED AS CONFIDENTIAL OR PROPRIETARY INFORMATION.
FORCE MAJEURE
STRIKERVR INC WILL NOT BE LIABLE FOR ANY DELAY IN THE PERFORMANCE OF ITS OBLIGATION UNDER BUYER’S INVOICE OR FOR ANY DAMAGES SUFFERED BY THE BUYER BY REASON OF SUCH DELAY, WHEN SUCH DELAY IS DIRECTLY OR INDIRECTLY CAUSED BY OR IN ANY MANNER ARISES FROM: FIRES, FLOODS, ACCIDENTS; RIOTS; ACTS OF GOD,; GOVERNMENTAL INTERFERENCE; EMBARGOES; STRIKES; LABOR DIFFICULTIES; SHORTAGES OF LABOR; FUEL; POWER MATERIALS OR SUPPLIES; TRANSPORTATION DELAYS; ANY EXISTING OR FUTURE LAWS OR ACTS OF THE FEDERAL OR ANY STATE GOVERNMENT (INCLUDING SPECIFICALLY, BUT NOT EXCLUSIVELY, ANY OTHERS, RULES OR REGULATIONS ISSUED BY ANY OFFICIAL OR AGENCY OR ANY SUCH GOVERNMENT) AFFECTING THE CONDUCT OF STRIKERVR INC’S BUSINESS; OR ANY OTHER CAUSE OR CAUSES (WHETHER OR NOT SIMILAR IN NATURE TO ANY OF THOSE SPECIFIED ABOVE) BEYOND STRIKERVR INC’S CONTROL, INCLUDING MODIFICATIONS TO THE FABRICATING SPECIFICATIONS REQUESTED BY THE BUYER SUBSEQUENT TO COMMENCEMENT OF PRODUCTION BY STRIKERVR INC. STRIKERVR INC SHALL NOT PAY AND SHALL NOT BE LIABLE FOR EXPRESS MAILING, TELEPHONE, TELECOPY, TELEGRAPH, TRAVELING EXPENSES OR SIMILAR CHARGES OCCASIONED BY NON-DELIVERY OF GOODS COVERED BY THIS PROVISION.
NO WAIVER
THE FAILURE OF STRIKERVR INC UPON KNOWLEDGE OF ANY DEFAULT OR VIOLATION BY BUYER OF ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO ENFORCE ITS RIGHTS OR REMEDIES SHALL NOT BE CONSTRUED AS A WAIVER OF SUCH DEFAULT OR VIOLATION, OR OF ANY PROVISION HEREOF, OR OF ANY OF ITS RIGHTS OR REMEDIES.
LIMITATION OF LITIGATION / ATTORNEY FEES
ANY CONTROVERSY OR CLAIM OF BUYER ARISING OUT OF OR RELATED TO BUYER’S INVOICE MUST HAVE ACCRUED WITHIN THE APPLICABLE WARRANTY PERIOD, AND THEN BE COMMENCED WITHIN (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. STRIKERVR INC SHALL BE ENTITLED TO REIMBURSEMENT OF ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES AND OTHER LITIGATIONS EXPENSES, FROM THE BUYER RELATING TO ANY LAWSUIT ARISING FROM THIS AGREEMENT IN WHICH STRIKERVR INC PREVAILS.
GOVERNING LAW AND FORM / SEVERABILITY / TERMINATION
ANY QUESTIONS CONCERNING THE VALIDITY, INTERPRETATION OR EFFECT OF THIS AGREEMENT, OR INTERPRETATIONS AND ENFORCEMENT OF THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF LOUISIANA, AND THE STATE COURTS OF LOUISIANA SHALL BE THE EXCLUSIVE JURISDICTION WITHIN WHICH TO RESOLVE ALL SUCH QUESTIONS, DISPUTES, CONTROVERSIES, OR LITIGATION. IF ANY PROVISION HEREOF IS DETERMINED INVALID UNDER APPLICABLE LAW, SUCH INVALIDITY SHALL BE LIMITED TO SUCH PROVISION WITHOUT INVALIDATING THE REMAINDER OF THE OTHER TERMS AND CONDITIONS HEREOF. STRIKERVR INC RESERVES THE RIGHT TO TERMINATE IN THE EVENT OF BUYER’S BREACH OF ANY PROVISION OR ANY OTHER REASON.
MISCELLANEOUS PROVISIONS
YOU AGREE THAT BY ACCEPTING THE PRODUCT, DEPLOYING THE PRODUCT, AND/OR USING THE PRODUCT IN ANY WAY, YOU ARE AWARE OF THE TERMS AND CONDITIONS AND AGREE TO BE FULLY BOUND BY THE TERMS AND CONDITIONS IN THEIR ENTIRETY.
