User's Guide

Spotwave Wireless Inc. iii
5. This Limited Warranty allocates risk between Purchaser and Spotwave, and the Spotwave System pricing
reflects this allocation of risk and the limitations of liability contained in this Limited Warranty. The agents,
employees, distributors, dealers or representative of Spotwave are not authorized to make modifications to this
Limited Warranty, or make additional warranties binding on Spotwave. Accordingly, additional statements such
as advertising or presentations, whether oral or written, do not constitute warranties by Spotwave and should not
be relied upon.
1.1 OWNERSHIP AND RISK OF LOSS:
6. Who Owns the rights in the System? The System is protected by Canadian, US and international copyright
law and other intellectual property protection laws and treaties. Purchaser acknowledges that Spotwave and its
licensors are the owner of all intellectual property, including, without limitation, patents and copyright,
relating to the System and the trademarks used in association with the System. Purchaser agrees that it will not
(and will not attempt to) modify, prepare derivative works of, reverse engineer, decompile, disassemble, or other
attempt to derive the source code of any software contained within the System.
7. Who bears the Risk of Loss? Risk of loss for the System passes to Purchaser upon the delivery to Purchaser
or to a carrier for shipment, which ever is earlier. Title to the Systems (excluding any software) will pass upon
payment in full for the Systems. Title to any software shall always remain with Spotwave or its licensors. As
security for payment, Purchaser grants to Spotwave a purchase money security interest in the Systems (together
with any proceeds, including insurance proceeds) and agrees that a copy of this letter of agreement or any other
appropriate document may be registered as required to perfect the security interest granted. Systems may be resold
by Purchaser in normal course of business, but until paid for in full, Purchaser will not pledge or otherwise
encumber the Systems. Purchaser agrees to immediately report to Spotwave, any seizure or attachment of the
Systems by creditors; (ii) any petition in bankruptcy, insolvency, receivership or similar proceedings filed by, or
against Purchaser; or (iii) any arrangement, composition or similar agreement for the benefit of creditors. Systems
held for Purchaser by Spotwave are at Purchaser's sole risk and expense.
OTHER TERMS:
8. What terms govern our relationship? These terms and any software license or warranty documentation
accompanying the Systems constitute the complete and exclusive statement of the terms and conditions between
us regarding the Systems and cannot be altered, amended or modified except in writing executed by Spotwave.
This letter of agreement and any disputes arising hereunder shall be governed by and interpreted in accordance
with the laws of the Province of Ontario, Canada. The United Nations Convention on Contracts for the
International Sale of Goods and any legislation implementing such Convention, if otherwise applicable is
expressly excluded. Any terms and conditions of any purchase order or other instrument issued by Purchaser
which are in addition to or inconsistent with the terms and conditions of this letter of agreement shall not be
binding and shall not apply, even if accepted by Spotwave.
MANUAL DISCLAIMER
Product specifications, pricing, packaging, technical support and information ("Specifications") and all claims,
features, representations, and/or comparisons provided are correct to the best of our knowledge of the date of
publication, but may contain errors or omissions and are subject to change without notice.
INFORMATION IS PROVIDED BY SPOTWAVE WIRELESS INC. ON AN "AS IS" BASIS, WITHOUT
ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW,
STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO
THE RESULTS OF THE INFORMATION PROVIDED IS ASSUMED BY YOU. WE SHALL HAVE NO
LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR
ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD
PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND
SUPPLIERS SHALL NOT EXCEED FOURTY DOLLARS. SOME STATES/COUNTRIES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. All product, font
and company names are trademarks or registered trademarks of their respective owners.