User's Guide

HMT-1 User Guide
RealWear, Inc. Copyright 2019
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Limited Warranty and Software License Continued
FAILURE TO FOLLOW INSTRUCTIONS PROVIDED IN WRITTEN DOCUMENTATION INCLUDED WITH THE HARDWARE
OR SUBSEQUENTLY SUPPLIED BY REALWEAR IN THE FORM OF UPDATED MANUALS OR TECHNICAL ADVISORIES.
CERTAIN CONSUMABLE OR ACCESSORY SUPPLIES INCLUDED WITH THE HARDWARE OR SOLD SEPARATELY BY
REALWEAR (SUCH AS BATTERIES OR SOFT CASES) ARE SUBJECT TO A DIFFERENT WARRRANTY TERM AS SET
FORTH IN SECTION “C” BELOW.
THE LIMITED WARRANTY IS MADE TO THE ORIGINAL BUYER ONLY AND, EXCEPT WHERE PROHIBITED BY LAW, IS
NOT TRANSFERRABLE.
LIMITATION OF LIABILITY AND REMEDIES
REALWEAR EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR
PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OPPORTUNITES, LOST
DATA, AND LOSS OF BUSINESS EXPECTATIONS. REALWEAR’S LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO,
AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE HARDWARE THAT GIVES RISE TO ANY LIABILITY. IN
THE EVENT THAT LOCAL LAWS PROHIBIT DISCLAIMER OF IMPLIED WARRANTIES, THE DURATION OF ANY IMPLIED
WARRANTY SHALL NOT EXCEED ONE (1) YEAR FROM THE DATE OF PURCHASE. THE LIMITATIONS, EXCLUSIONS,
AND DISCLAIMERS IN THESE TERMS APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT,
WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. THESE LIMITATIONS OF LIABILITY ARE
AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR REALWEAR'S SALE OF
HARDWARE OR PRODUCTS TO A BUYER, AND WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND EVEN IF REALWEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LIABILITIES.
A. How to Get Warranty Service:
i. Before starting the warranty process, please review the “Frequently Asked Questions”
at https://www.realwear.com/faq.
ii. If the FAQ’s do not resolve your problem, then please submit a “Support Request” online
at https://www.realwear.com/contact-us.
iii. Before sending your Hardware to RealWear for service, be sure to keep a copy of any data you want to save, and
delete anything you consider confidential. RealWear is not responsible for your data and may erase it.
B. RealWear’s Responsibility:
i. After you return your Hardware to RealWear (at your cost, unless RealWear is required by applicable law to pay)
RealWear will inspect it.
ii. If RealWear, in its sole discretion, determines that: (a) a defect in materials or workmanship caused the Hardware to
malfunction during the Warranty Period under Normal Use Conditions, and (b) none of the Warranty Disclaimers or
Exclusions apply, then RealWear will (at its option) repair or replace the Hardware, or refund the purchase price to You.
Unless restricted by applicable law, repair may use new or refurbished parts and replacement may be with a new or
refurbished unit.
iii. After repair or replacement, your Hardware will be covered by the Limited Hardware Warranty for the longer of (a) the
remainder of your original Warranty Period or (b) ninety-five (95) days after RealWear returns the repaired or replaced
Hardware to you. Where required by applicable law, the original Limited Warranty Period will be extended for a period of
time equal to the time that your Hardware was in RealWear’s possession.
iv. If your Hardware malfunctions after one (1) year for the HMT-1Z1 or two (2) years for the HMT-1 Limited Hardware
Warranty expires, RealWear provides no warranty of any kind. After the Warranty Period expires, RealWear may charge
you a fee for its efforts to diagnose and service any problems with your Hardware.
C. Accessories and Consumable Parts:
i. RealWear branded accessories are covered by the Limited Hardware Warranty, provided that HMT-1 batteries and
soft cases are warranted for ninety (90) days only; HMT-1Z1 batteries are warranted for one (1) year; and consumable
parts and accessories such as foam pads, straps, hard-hat clips, etc. are not covered by warranty.
Governing Law, Dispute Resolution
A. Arbitration: Any dispute relating to this Agreement including a claim under the Limited Warranty stated above
(“Dispute”) will be resolved by binding arbitration according to the then-current Commercial Arbitration Rules of the
American Arbitration Association (the “AAA Rules”). The existence, content (including all documents and materials
submitted to the arbitrators), and results of any arbitration are Confidential Information. The arbitrator will be a neutral
practicing attorney or retired judge with experience in similar cases and appointed in accordance with the AAA Rules.
The arbitrator must agree in writing to maintain the confidentiality of the arbitration. The arbitration will be governed by
the Federal Arbitration Act, 9 U.S.C. §§1 et seq. The prevailing party will be entitled to recovery of arbitration expenses
(including reasonable attorney’s fees). The arbitrator’s award will include provisions for this recovery. The arbitrator’s
award will be binding and final. Any court having jurisdiction may enter judgment upon the award. The arbitration will be
conducted in English and held in Vancouver, WA.
B. Governing Law: This Agreement is governed by, and the arbitrator will apply, the substantive laws of the State of
Washington excluding its conflicts of law provisions. The United Nations Convention on Contracts for the International