18: Limited Warranty, Product and Satellite Service Terms, Warranty

18: Limited Warranty, Product and
Satellite Service Terms, Warranty
Support, and Software License
Subject to the Exclusions contained below, Iridium warrants to you that
the Product will be free from defects in materials and workmanship under
normal usage for a period of one year from your date of purchase. You are
required to provide proof of purchase as a condition of receiving warranty
service as more fully described in “Warranty Claim Process” on page 202.
Any replacement products or parts may contain new and used materials
equivalent to new in performance and reliability. Any replacement
product or part will also have functionality at least equal to that of the
product or part being replaced. Replacement products and parts are
warranted to be free from defects in material or workmanship under
normal usage for the remainder of the applicable warranty period of the
original Product for which a replacement product or part is provided
under this Limited Warranty. A returned Product for which a replacement
has been provided shall become Iridium’s property.
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This Limited Warranty applies only to the Iridium branded Iridium
Extreme™ (including hardware, software and firmware but excluding
leather case) and the Accessories listed in Chapter 3 of this User Manual
(collectively, “Product”) sold by Iridium or its authorized resellers and
distributors (collectively, “Service Providers”). This Limited Warranty
extends only to the first purchaser of the Product and is not assignable or
transferable.
If Iridium receives, during the warranty period and in accordance with
the instructions set out in this Limited Warranty, notice of a defect in the
Product covered by this Limited Warranty, Iridium will repair or replace
the Product or refund the purchase price of the Product, at Iridium’s sole
option. Iridium shall have no obligation to repair, replace, or refund unless
the defective Product is returned in accordance with the instructions set
out in this Limited Warranty and within the warranty period.
IRIDIUM DOES AND MAY CONTINUE, AT ITS SOLE DISCRETION, TO
SUBCONTRACT TO AND ENGAGE A THIRD PARTY TO PROVIDE THE
WARRANTY SERVICES PROVIDED FOR IN THIS USER MANUAL.
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Exclusions
This Limited Warranty does not apply in the following circumstances:
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Normal wear and tear. Periodic maintenance, repair or replacement of
parts due to normal wear and tear are excluded from coverage.
Batteries. Only batteries whose fully charged capacity falls below 80%
of rated capacity and batteries that leak are covered by this Limited
Warranty. Batteries that are charged by other than an Iridium-approved
battery charger; having seals that are broken or show evidence of
tampering; are used in equipment other than the Product; or are charged
and stored at temperatures greater than 60 degrees centigrade, are not
covered by this Limited Warranty.
Abuse and Misuse. Defects or damage that result from improper
operation or storage, misuse or abuse, accident or neglect; exposure to or
contact with liquid, water, rain, extreme humidity or heavy perspiration,
sand, dirt or the like, extreme heat or spills of food; use of the Product for
abnormal purposes; stretching coil cords or breaking coil cord modular
tabs; breakage or damage to antennas or scratches or other damage to
plastic surfaces or other externally exposed parts caused by your use; or
other acts which are not the fault of Iridium, are excluded from coverage.
Use of Non-Iridium Products and Accessories. Defects or damage that
result from the use of non-Iridium branded products (other than the
antenna supplied with your Product), accessories or software or other
ancillary or peripheral equipment are excluded from coverage.
Unauthorized Service or Modifications. Defects or damage resulting
from any service, testing, adjustment, integration, installation, operation,
maintenance, service, alteration, modification or integration with any
non-Iridium product in any manner other than in accordance with
Product user documentation and instructions and/or by someone other
than Iridium or a Service Provider are excluded from coverage.
Altered Products. Products that have been tampered with, altered, have
non-Iridium housings or parts, or have had the serial numbers or date
tags removed, altered or obliterated are excluded from coverage.
Communication Services. Defects, damages or failure of the Product
due to any non-Iridium communication service or signal or use of a
non-Iridium branded communication service or signal are excluded from
coverage.
Software Embodied in Physical Media. No warranty is made that any
software will meet your requirements or will work in combination with
any hardware or software applications provided by third parties, that the
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operation of the software will be uninterrupted or error free, or that all
defects in the software will be corrected.
Limitations of Warranty/Local Laws
IRIDIUM MAKES NO REPRESENTATIONS, GUARANTEES, CONDITIONS
OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED REPRESENTATIONS,
GUARANTEES, CONDITIONS OR WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF
INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF
DEALING, LAW, USAGE, OR TRADE PRACTICE, USE, OR RELATED TO
THE PERFORMANCE OR NONPERFORMANCE OF ANY PRODUCTS,
ACCESSORIES, FACILITIES OR SERVICES OR USER INFORMATION,
EXCEPT AS EXPRESSLY STATED IN THIS USER MANUAL. ANY OTHER
STANDARDS OF PERFORMANCE, GUARANTEES, CONDITIONS AND
WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER AND
EXCLUSION SHALL APPLY EVEN IF THE EXPRESS LIMITED WARRANTY
CONTAINED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. FURTHER,
THIS LIMITED WARRANTY COVERS THE PRODUCT ONLY, AND NO
WARRANTY IS MADE AS TO USER INFORMATION AND/OR COVERAGE,
AVAILABILITY OR GRADE OF SERVICE PROVIDED BY IRIDIUM
SEPARATELY FOR IRIDIUM SATELLITE SERVICES.
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Privacy and Data Security. Privacy and data security are important
to everyone. Some features of your Product may affect your privacy
or data security. Therefore, it is important to monitor access to your
Product and not to leave it where others might have unmonitored access.
Lock your satellite phone’s keypad when not in use. Erase all personal
information or data before disposing of the satellite phone or recycling
it. See Chapter 8 of this User Manual for instructions on how to delete all
personal information. The satellite phone uses network-based positioning
technology, which may be used to obtain a user’s approximate location
and thereby affect a user’s privacy.
This Product is covered by a U.S.A. warranty. This Limited Warranty
is applicable in all countries and is enforceable in any country or region
where Iridium or its Service Provider offer warranty service for the
Product. Outside of the U.S.A., any different warranty terms, liabilities
and/or legal requirements of the country in which the Product is sold
are specifically disclaimed by Iridium. Warranty service availability and
response times may vary from country to country and may be subject to
registration requirements in the country of purchase. Your Iridium Service
Provider can provide details.
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This Limited Warranty gives you specific legal rights. You may also have
other rights that may vary from state to state/country to country. Some
states/countries do not allow or acknowledge the existence, limitation
or exclusion of incidental or consequential damages, or limitation on
the length of an implied warranty, so some limitations or exclusions of
this Limited Warranty may not apply to you. You are advised to consult
applicable state/country laws for a full determination of your rights.
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Conditions of Use and Limitations of Liability.
This Limited Warranty is your sole and exclusive remedy. These terms and
conditions supersede any prior agreements or representations, including
those made in Iridium sales literature or advice given to you by or on
behalf of Iridium in connection with your purchase.
ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
SHALL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY.
OTHERWISE THE REPAIR, REPLACEMENT, OR REFUND AS PROVIDED
UNDER THIS EXPRESS LIMITED WARRANTY IS PROVIDED IN LIEU OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL
IRIDIUM BE LIABLE, WHETHER IN CONTRACT OR TORT OR ANY OTHER
LEGAL THEORY, INCLUDING WITHOUT LIMITATION STRICT LIABILITY,
GROSS NEGLIGENCE OR NEGLIGENCE, FOR ANY DAMAGES IN EXCESS
OF THE PURCHASE PRICE OF THE PRODUCT AND/OR THE COST OF
IRIDIUM SATELLITE SERVICES PROVIDED, INCLUDING ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS,
LOSS OF PRIVACY, LOSS OF USE, LOSS OF TIME OR INCONVENIENCE,
LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS
OR OTHER FINANCIAL LOSS CAUSED BY THE PRODUCT AND/OR
THE IRIDIUM SATELLITE SERVICES , OR ARISING OUT OF OR IN
CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCT
AND/OR THE IRIDIUM SATELLITE SERVICES TO THE FULLEST EXTENT
THESE DAMAGES MAY BE DISCLAIMED BY LAW AND WHETHER
ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. IRIDIUM IS NOT
LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU
FOR A THIRD PARTY.
USERS OF THE IRIDIUM SATELLITE PHONE SERVICES AND RELATED
EQUIPMENT, INCLUDING WITHOUT LIMITATION THOSE USING
THE PHONE SERVICE AND THE PRODUCT IN ANY MANNER IN
CONJUNCTION WITH EMERGENCY 911 (U.S.), EMERGENCY TRIPLE
ZERO (000)/ 112 (AUSTRALIA) OR ANY OTHER DISTRESS CALLING
OR EMERGENCY SERVICES, BOTH PUBLIC OR PRIVATELY OPERATED,
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By your use of the Product and Iridium Satellite Services you consent to
Iridium’s disclosure of user information, including but not limited to name,
address, telephone number and location information, including, where
available, the geographic coordinates of equipment, to governmental and
quasi-governmental agencies where Iridium deems it necessary in its sole
discretion to respond to an exigent circumstance. These governmental
and quasi-governmental agencies shall be deemed “users” for all
purposes of this Limited Warranty.
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ACKNOWLEDGE AND AGREE AS A CONDITION OF THE PROVISION
OF PHONE SERVICE AND PRODUCT BY IRIDIUM THAT THEY WILL
MAKE NO CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE,
AGAINST IRIDIUM FOR BODILY INJURY, LOSS OF LIFE, DAMAGE
TO PROPERTY OR FOR ANY OTHER LOSS WHATSOEVER, OR FOR
SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE
DAMAGES, BY REASON OF ANY UNAVAILABILITY, DELAY, FAULTINESS
OR FAILURES OF THE IRIDIUM FACILITIES OR PHONE SERVICE OR
EQUIPMENT OR FOR INACCURACIES OR FAILURES WITH REGARD TO
ANY USER INFORMATION PROVIDED. THIS IS A WAIVER AND RELEASE
AND DISCLAIMER OF LIABILITY TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW AND APPLIES REGARDLESS OF THE CAUSE OF
ANY LIABILITY, INCLUDING WITHOUT LIMITATIONS, TO WRONGFUL
CONDUCT, OMISSION OR FAULT OF EMPLOYEES OR AGENTS OF
IRIDIUM.
You are permitted to use the Product only as described and specified in
this Limited Warranty. By using the Product, you are indicating that you
agree to comply with the terms of this Limited Warranty, including this
section describing permitted use of the Product (the “Conditions of Use”).
If you fail to comply with this Limited Warranty and the Conditions of Use,
Iridium may void certain protections offered under the Limited Warranty
and Iridium reserves the right to terminate your right to use the Product
on the Iridium system. If you do not accept the terms of this Limited
Warranty, do not use the Product on the Iridium system.
You are permitted to use the Product only in connection with service on
the Iridium system using airtime purchased from your Service Provider.
You are required to comply with this Limited Warranty and the Conditions
of Use and Limitations of Liability, as well as all terms and conditions
that are provided separately by your Service Provider, as such terms and
conditions may change from time to time. Iridium or your Service Provider
may also establish additional terms and conditions from time to time. In
the event any Iridium term or condition conflicts with any Service Provider
term or condition, the Iridium term or condition shall govern. Service
provider will be provided with notice of any new terms and conditions or
any changes in these terms and conditions. All terms and conditions will
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be effective as of your receipt of the notices of new or modified terms and
conditions, and your continued use of the Product after such receipt shall
constitute your acceptance of such new or modified terms.
You may not use the Product in connection with any third-party devices,
including but not limited to computers, cameras, batteries, GPS devices,
recorders or other devices which alter the information sent or received
by the Product, except to the extent that Iridium has tested those devices
and confirmed that their use will have no adverse effect on the Iridium
system. All devices approved by Iridium will be advertised and labeled
as being approved by Iridium and you may use only “Iridium-Approved
Devices” with this Product and with the Iridium system.
You may not modify the Product or any component of the Product. You
may not reverse-engineer, or attempt to reverse-engineer, the Product,
any component of any Product or the manner in which the Product
connects to, sends information to, receives information from, or otherwise
interacts with the Iridium system.
You are required to comply with all applicable laws and regulations in
your use of the Product. To the extent that you: (i) violate this Limited
Warranty, the terms and conditions applicable to the Iridium system or
other agreements between you and Iridium, or between you and your
Service Provider; (ii) utilize a product other than an Iridium-Approved
Device on the Iridium system; (iii) modify the Product or any Product
component, reverse-engineer the Product or any Product component
or attempt to do so; or (iv) violate any applicable laws or regulations
(collectively “Unauthorized Use”), you agree to defend, indemnify and
hold Iridium and your Service Provider harmless with respect to any
claims or actions by governmental entities or other third parties related
to your Unauthorized Use and to pay all costs, damages, fines and other
amounts incurred by us, or on our behalf, in the defense of any such
claims or actions. Further, we specifically disallow any liability and will not
credit back airtime charges related to any Unauthorized Use.
In addition to Iridium’s express reservation of other remedies available to
us, we reserve the right to discontinue providing Iridium Satellite Services
to you and/or to disable your Product’s access to the Iridium system. If
Iridium reasonably believes that you are in engaged in any Unauthorized
Use, we may seek equitable relief to prevent such Unauthorized Use
without having to wait to see if damage to the Iridium system occurs.
Warranty Claim Process
Should your Product require service within the warranty period or for
warranty questions, repairs or for the return of the Product, please
contact your Service Provider or any other Service Provider in your
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Refer to www.iridium.com for a list of Service Providers or contact your
Service Provider for warranty information.
SOFTWARE LICENSE
The following terms govern your access and use of the Iridium or
Iridium-supplied software (“Software”) contained on the Product you
purchased.
License. Conditioned upon compliance with the terms and conditions
of this Limited Warranty, Iridium grants to you a nonexclusive and
nontransferable license to use for your internal purposes the Software
and the Documentation. “Documentation” means written information
(whether contained in user or technical manuals, training materials,
specifications or otherwise) pertaining to the Software and made
available by Iridium with the Software in any manner. You shall use the
Software solely as embedded in (or, if downloaded, as provided via
download), for execution on, and for communication via the Iridium
system.
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country. Do not contact Iridium. For warranty claims, you will be
required to provide the following proof of purchase documentation:
your dated bill of sale or delivery receipt (including your name, address
and telephone number; the name and address of the Service Provider
who sold you the Product; the model number and International
Mobile Identification Number (IMEI); and the sale price of the Product),
together with a written description of the problem. You are responsible
for shipping the Product to the authorized warranty service center
designated by your Service Provider with freight and insurance prepaid.
Product that is repaired or replaced under this Limited Warranty shall be
returned to you at no expense for the freight and insurance, and at your
expense for any applicable duties or other charges.
No other licenses are granted by implication, estoppel or otherwise.
General Limitations. This is a license, not a transfer of title, to the
Software and Documentation, and Iridium retains ownership of all copies
of the Software and Documentation. You acknowledge that the Software
and Documentation contain trade secrets of Iridium or its suppliers or
licensors, including but not limited to the specific internal design and
structure of individual programs and associated interface information.
Except as otherwise expressly provided, you shall have no right, and you
specifically agree not to:
(i) transfer, assign or sublicense your license rights to any other person
or entity (other than in compliance with any Iridium relicensing/
transfer policy then in force), or use the Software on unauthorized
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or secondhand Iridium equipment, and you acknowledge that any
attempted transfer, assignment, sublicense or use shall be void;
(ii) make error corrections to or otherwise modify or adapt the Software
or create derivative works based upon the Software, or permit third
parties to do the same;
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(iii)reverse engineer or decompile, decrypt, disassemble or otherwise
reduce the Software to human-readable form, except to the extent
otherwise expressly permitted under applicable law notwithstanding
this restriction;
(iv)use or permit the Software to be on a service bureau or time sharing
basis or otherwise, without the express written authorization of
Iridium; or
(v) disclose, provide, or otherwise make available trade secrets contained
within the Software and Documentation in any form to any third party
without the prior written consent of Iridium. You shall implement
reasonable security measures to protect such trade secrets.
To the extent required by law, and at your written request, Iridium
shall provide you with the interface information needed to achieve
interoperability between the Software and another independently
created program, on payment of Iridium’s applicable fee, if any. You
shall observe strict obligations of confidentiality with respect to such
information and shall use such information in compliance with any
applicable terms and conditions upon which Iridium makes such
information available.
Software, Upgrades and Additional Copies. “Software” shall include
computer programs, including firmware, as provided to you by Iridium
or a Service Provider, and any upgrades, updates, bug fixes or modified
versions thereto (collectively, “Upgrades”) or backup copies of any of
the foregoing. NOTWITHSTANDING ANY OTHER PROVISION OF THE
AGREEMENT: (1) UNLESS AUTHORIZED BY IRIDIUM, YOU HAVE NO LICENSE
OR RIGHT TO MAKE OR USE ANY ADDITIONAL COPIES OR UPGRADES.
IRIDIUM MAY MAKE SOFTWARE AVAILABLE BASED ON ADDITIONAL
TERMS; (2) USE OF UPGRADES IS LIMITED TO IRIDIUM EQUIPMENT FOR
WHICH YOU ARE THE ORIGINAL END USER PURCHASER OR OTHERWISE
HOLD A VALID LICENSE TO USE THE SOFTWARE WHICH IS BEING
UPGRADED; AND (3) THE MAKING AND USE OF ADDITIONAL COPIES IS
LIMITED TO NECESSARY BACKUP PURPOSES ONLY.
Proprietary Notices. You agree to maintain and reproduce all copyright
and other proprietary notices on all copies, in any form, of the Software
in the same form and manner that such copyright and other proprietary
notices are included on the Software. Except as expressly authorized, you
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shall not make any copies or duplicates of any Software without the prior
written permission of Iridium.
Export, Re-Export, Transfer and Use Controls. The Software,
Documentation and technology or direct products thereof (hereafter
referred to as Software and Technology), supplied by Iridium are subject
to export controls under the laws and regulations of the United States
(U.S.). You shall comply with such laws and regulations governing export,
re-export, transfer and use of Iridium Software and Technology and will
obtain all required U.S. and local authorizations, permits, or licenses.
Iridium and you each agree to provide the other information, support
documents, and assistance as may reasonably be required by the other in
connection with securing authorizations or licenses.
U.S. Government End User Purchasers. The Software and
Documentation qualify as “commercial items,” as that term is defined
at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting of
“commercial computer software” and “commercial computer software
documentation” as such terms are used in FAR 12.212. Consistent with
FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and
notwithstanding any other FAR or other contractual clause to the contrary
in any agreement into which this Limited Warranty may be incorporated,
you may provide to Government end user or Government end user will
acquire, as applicable, the Software and Documentation with only those
rights set forth in this Limited Warranty. Use of either the Software or
Documentation or both constitutes agreement by the Government that
the Software and Documentation are “commercial computer software”
and “commercial computer software documentation,” and constitutes
acceptance of the rights and restrictions herein.
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Term and Termination. The license granted herein shall remain effective
until terminated. You may terminate the license at any time by destroying
all copies of Software and any Documentation. Your rights under the
license will terminate immediately without notice from Iridium if you fail
to comply with any provision of the license and Limited Warranty. Upon
termination, you shall destroy all copies of Software and Documentation
in your possession or control. All of your confidentiality obligations and
all limitations of liability and disclaimers and restrictions of warranty shall
survive termination.
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