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IGB1
User Manual
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Gimbal IGB1 User Manual

The Gimbal Proximity Beacon is a Bluetooth™, low-energy (BLE) device that transmits its presence and other data of i nterest so that
Gimbal™ Proximity Beacon User Guide
applications or receiver devices can discover it and acquire the data it has to communicate. BLE is designed to use considerably less power than traditional Bluetooth while still maintaining similar range and functionality.
To use your beacon, you must first activate it. This can be done by visiting http://gimbal.com/ and following the in structions contained there to create and/or login to your account and associate this beacon with your account. To activate your beacon, you’ll need the activation code found either on the beacon’s box or on rear label of the beacon. (e.g. 1C34-5A789) Once activated, the beacon is designed to be used with the Gimbal solution for various proximity applications.
Once batteries have been installed, and before closing the beacon, choose how you would like to mount it. The beacon includes double-sided tape within the box that is suitable to most applications. Alternately, three black drywall screws are also included and can be used in the three mounting holes provided but b e sure to install these before closing the beacon. Finally , a standard ¼”-20 camera mount is provided on the back of the unit which can be used with standard off-the-shelf mounting brackets typically available for camera applications (bracket not included). CAUTION: Take care when installing the batteries to ensure the correct
polarity in order to prevent possible damage or temporary loss of function to the Beacon.
When mounting the unit, it’s best to ‘point’ the front, polished external face of the unit (which has no labels) toward whatever device or receiver will be receiving the beacon’s transmissions. Once closed and mounted, the included silver-colored set screw can be used to secure the tab the reby preventing the unit from being opened. An addi tional label is also included should you wish to affix it to the beacon exterior at a place that is convenient for your intended purpose. For additional instructions and tips, please visit http://gimbal.com/ .
WARNING - CHOKING HAZARD: Small parts. Not for children under 3 years. This product comes with alkaline batteries. To reduce risk of injury, do not disassemble, crush, puncture, short circuit external contacts, expose to temperatures above 100°C (212°F), o r dispose of in fire or water. If the battery leaks, do not allow the leaking fluid to come in contact with skin or clothing. If contact has already occurred, flush the affected area immediately with clean water and seek medical advice. Do not allow the leaking fluid to come in contact with eyes. If contact has already occurred, DO NOT rub; rinse with clean water immediately and seek medical advice. Take extra precautions to keep a leaking battery away from fire, as there is a danger of ignition or explosion. Vapor generated from burning batteries may irritate eyes, skin, and throat. If inhalation occurs, move to a well-ventilated area immediately and seek medical advice.
This End User License EULA (this “EULA") is a legally binding agreement between you and Qualcomm Retail Solutions, Inc. (“QRS”) for the use of the software embedded in your Gimbal Proximity beacon device (the “Beacon”) and any Updates thereto (defined below) (collectively, the “Beacon Software”) as originally delivered by QRS. BY USING THE BEACON, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS If you do not agree with the following terms and conditions, you must refrain from using the Beacon. The term "You" in this EULA refers to the individual or business entity using the Beacon.
1. License Grant. Subject to and conditioned upon Your compliance with the terms and conditions of this EULA, QRS hereby grants You a limited, nonexclusive, nontransferable, non-sublicensable, revocable license under QRS’s copyrights to display the Beacon Software, only as embedded in the Beacon and as authorized in this EULA, for your personal and non-commercial use, unless you are expressly authorized by QRS in writing to use the Beacon (s) for commercial purposes. Your limited right of use will automatically expire upon the termination or cancellation of this EULA, by either QRS or You, for any reason.
2. Updates. This EULA will govern any upgrades, updates, supplements and add-on components (if any) to the Beacon Software that QRS may provide to You or make available to You after the date You obtain Your initial copy of the Beacon Software (collectively, the “Updates”), unless we provide other terms along with such Updates. After upgrading, You may no longer use the older version of the Beacon Software. You acknowledge and agree that QRS may automatically check the version of the Beacon Software and/or its comp onents that You are utilizing and may provide Upda tes to the Beacon Software.
3. Restrictions. You agree not to exceed the scope of the foregoing licen se, copy, create derivative works, reproduce, modify or distribute the Beacon Software. Subject to applicable law, you agree not to decompile, reverse engineer, disassemble or otherwise attempt to learn the source code, structure or algorithms underlying the Beacon Software. You agree not to (i) remove any copyright or other proprietary notice from the Beacon Software, (ii) sublicense or transfer the Beacon Software to a third party; (iii) extract or replace any part of the Beacon Software; or (iv) sell, rent, lease, lend, provide commercial hosting services or otherwise transfer the Beacon Software for value. This EULA does not allow you to use the Beacon Software on a Beacon that you do not own or control, and you may not distribute or make the Beacon Software available over a network where it could be used by multiple devices at the same time. You are not permitted to make any copies of the Beacon Software.
4. Third Party Materials. The Beacon Software and any other materials licensed and provided by QRS under this EULA, if any, may contain certain software code and/or materials that are owned by third parties (the “Third Party Materials”). Such Third Party Materials, if applicable, are licensed by third parties under separate or different terms, and are not licensed to You under the terms of this EULA. Your use of such third Party Materials is subject to the terms and conditions set forth in the applicable third party license(s). Copies of the applicable licenses are either provided to You as part of the delivery of the Software or by such other delivery means as QRS reasonably elects. These licenses impose certain obligations on You as a condition of the right to use and license the third party’s software.
5. Term; Termination. This EULA will commence when you first use the Beacon and will continue until terminated. Your rights under this EULA will terminate immediately and automatically without notice from QRS if you fail to comply with any of the terms and conditions of this EULA. In addition, QRS may te rminate this EULA at any time upon notice to You by posting on our website located at www.gimba l.com/beacon_eula. Upon termination of this EULA, Yo u shall cease all use of the Beacon, including without limitation the Beacon Software, in Your possession or control. Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 shall survive termination of this EULA
Gimbal™ Proximity Beacon Software End User License Agreement
.
6. Privacy; Data Collection and Use. Beacons are part of a system to help provide certain information (e.g., proximate location) to enable services to you and others. We refer to such services as “Proximity-Enabled Services.” Beacons work as follows: Beacons periodically broadcast: (i) a rolling (i.e., intermittently changing) identifier, (ii) batt ery power level, and (iii) ambient temperature. Such broadcasted information is received by software installed on mobile or fixed devices such as mobile phones, tablets, or devices plugged into wall outlets. We refer to such devices as “Receiver Devices”. The software on any Receiver Device periodically sends us the Beacon’s broadcast information along with the time and location of receipt. We will process and share the information we receive with the applicable Proximity-Enabled Service provider to enable the relevant Proximity-Enabled Service. To stop a Beacon from transmitting data, remove the battery. If you wish to unsubscribe from any Proximity-Enabled Service, please follow the instructions provided by the Proximity-Enabled Service provider.
7. Intellectual Property Ownership. The Beacon Software is licensed, and not sold to You. You acknowledge and agree (and if You are a business entity, you acknowledge and agree on behalf of yourself an d Your Subsidiaries (defined below)), that nothing in this EULA shall convey, assign or otherwise transfer to You any title or ownership rights (including without limitation any Intellectual Property Rights (as defined below)) in or to any of the Beacon Software or any Intellectual Property Rights of QRS. “Subsidiary” of an entity that is a party to this EULA (each, a “First Person”) means any other entity (i) in which the majority (more than fifty percent (50%)) of the voting power held by the shares or other securities entitled to vote for election of directors (or other managing authority) is now or hereafter owned or controlled by such First Person either directly or indirectly or (ii) that does not have outstanding shares or securities but the majority (more than fifty percent (50%)) of the equity interests in which is now or hereafter owned or controlled by such First Person, either directly or indirectly, but only for so long as such ownership or control referenced in clause (i) or (ii) above exists. “Intellectual Property Rights” means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, right of privacy, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, worldwide.
8. No Grant of Patent or Certain Other Rights. Except for the express copyright license rights granted to You in Section 1 (License Grant), no other rights under any Intellectual Property Rights are granted by QRS under or as a result of this EULA (whether expressly, impliedly, by virtue of estoppel or exhaustion, or otherwise). You acknowledge and agree, and if You are a business entity you acknowledge and agree on behalf of Yourself and Your Affiliates, that neither the delivery or other conveyance of any hardware or software, including without limitation the Beacon Software, nor any provision of this EULA (including, without limitation, any provision in any exhibit, SOW, addendum, etc. forming a part hereof) will be deemed or construed to grant (whether expressly, by implication or by way of estoppel or otherwise) any right, license, authority to infringe, or immunity from infringement liability under or to: (i) any patents of QUALCOMM Incorporated or any of its Affiliates (collectively, “QC Entities”), or (ii) any other Intellectual Property Rights of QC Entities covering or relating to any technology (including, without limitation, any product or invention) not embodied solely in the Beacon Software. “Affiliates” of (a) QRS means any present or future corporation or other legal entity that controls, is controlled by, or is under common control with QUALCOMM Incorporated; and (b) of You, if you are a business entity, means any present or future corporation or other legal entity that controls, is controlled by, or is under common control with You, in each of (a) and (b) where control means ownership of more than fifty percent (50%) of the shares, equity interest or other securities entitled to vote for election of directors (or other managing authority)).
9. Other Obligations. You acknowledge and agree (and if You are a business entity You acknowledge and agree on behalf of Yourself and Your Subsidiaries), that (a) this EULA does not modify or abrogate any obligations that You or any of Your Subsidiaries has under any license or other EULA with QUALCOMM Incorporated, including, without limitation, any obligation to pay any royalties, and (b) You will not, and will ensure that each of Your Subsidiaries do not, contend that it has obtained any right, license, authority to infringe, or immunity from infringement liability with respect to any patents of QC Entities under or as a result of this EULA (whether expressly, i mpliedly, by virtue of estoppel or exhaustion, or otherwise).
10. Open Source. You shall not incorporate, link, distribute or use any third party software or code in conjunction with (i) the Beacon Software (ii) any Beacon Software, products, documentation, content or other materials developed using the Beacon Software, nor (iii) any derivative works that You make using the source code portions of the Beacon Software (if any), in such a way that: (a) creates, purports to
Software, including without limitation the distribution or disclosure of any source code; or (b) grants, purports to grant, or has the potential to grant to any third party any rights to or immunities under any intellectual property rights or proprietary rights of QRS or its Affiliates, including without limitation as such rights exist in or relate to the Beacon Software. Without limiting the generality of the foregoing, You shall not incorporate, link, distribute or use (1) the Beacon Software or any other Beacon Software provided by QRS, (2) any Beacon Software, products, documentation, content or other materials developed using the Beacon Software, nor (3) any derivative works that You make using the source code portions of the Beacon Software (if any), with any code or Beacon Software licensed under any version of the GNU General Public License (“GPL”), Affero General Public License (“AGPL”), Lesser General Public License (“LGPL”), European Union Public License (“EUPL”), Apple Public Source License (“APSL”), Common Development and Distribution License (“CDDL”), IBM Public License (“IPL”), Eclipse Public License (“EPL”), Mozilla Public License (“MPL”), or any other open source license, in any manner that could cause or could be interpreted or asserted to cause the Beacon Software or other QRS Beacon Software (or any modifications thereto) to become subject to the terms of the GPL, AGPL, LGPL, EUPL, APSL, CDDL, IPL, EPL, MPL, or such other open source license. You, and each party receiving Beacon Software or any copies thereof from You, shall not receive any rights to use such Beacon Software or copies thereof in a manner that will cause any patents, copyrights or other Intellectual Property Rights which are owned or controlled by QRS or any of its Affiliates (or for which QRS or any of its Affiliates has received license rights) to become subject to any encumbrance or terms and conditions of any third party or open source license (including, without limitation, any open source license listed on http://www.opensource.org/licenses/alphabetical) (each an “Open Source License”). These restrictions, limitations, exclusions and conditions shall apply even if QRS or any of its Affiliates becomes aware of or fails to act in a manner to address any violation or failure to comply therewith. Also, no act by QRS or any of its Affiliates that is undertaken under this EULA as to any Beacon Software or technology shall be construed as being inconsistent with the intent not to cause any patents, copyrights or other intellectual property rights which are owned or controlled by QRS or any of its Affiliates (or for which QRS or any of its Affiliates has received license rights) to become subject to any encumbrance or t erms and conditi ons of any Open Sour ce License.
11. D ISCLAIMER OF WARRANTIES. THE BEACON SOFTWARE IS PROVIDED "AS-IS" WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OR ASSURANCE OF QUALITY, RELIABILITY OR FUNCTIONALITY. QRS, ITS SERVICE PROVIDERS, MANUFACTURERS, LICENSORS, AND ITS AND THEIR AFFILIATES (COLLECTIVELY, “PROVIDERS”) DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE BEACON SOFTWARE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QRS AND ITS PROVIDERS DO NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU AGREE AND ACKNOWLEDGE THAT THE USE, SUITABILITY AND PERFORMANCE OF THE BEACON SOFTWARE IS ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED IN THOSE JURISDICTIONS.
12. L imitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, QRS, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, PROVIDERS, AGENTS, PARENT COMPANIES, SISTER COM PANIES, SUBSIDIARIES, AND OTHER AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING, WITHOUT LIMITAT ION, LOSS OF PROFIT, LOSS OF DATA, LOSS OF CONFIDE NTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR REASONABLE CARE, PERSONAL INJURY OR WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLE SS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN C ONTRACT, TORT OR OTHE RWISE, INCLUDING NEGLIGENCE, INTELLEC TUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE BEACON SOFTWARE, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE BEACON SO FTWARE, OR FROM ANY FAULT OR ERROR MADE BY QRS’S STAFF, OR FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, REGARDLESS OF WHETHER QRS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, PROVIDERS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES, O R OTHER AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVEN SHALL THE MAXIMUM CUMULATIVE LIABILITY OF QRS,
create or has the potential to create, obligations with respect to the Beacon Software or other QRS Beacon
ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, PROVIDERS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES, AND OTHER AFFILIATES FOR ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA, UNDER ANY THEORY OF LIABILITY, EXCEED THE PURCHASE PRICE YOU PAID FOR THE BEACON. THE FOREGOING LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS (INCLUDING WITHOUT LIMITATION SECTIONS 11 AND 12) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13. Indemnification. You hereby undertake to defend, indemnify and hold QRS and its Affiliates, and its and their respective officers, employees, shareholders, directors, agents or anyone acting on their behalf, and QRS’s third party licensors, harmless from and against any claim, action, or demand asserted by any third party and arising from, or otherwise related to, your use of the Beacon Software or your breach of this EULA. In such cases, you will reimburse QRS, or its third party licensor(s), as the case may be, for any expenses, including court fees, attorney fees and the damages (actual and consequential), which QRS or its thir d party licensor(s), as applicable, incur as a result of such claim.
14. Compliance with Export Restrictions. You acknowledge that all hardware, software, source code and technology (collectively, "Products") obtained from QRS a re subject to the US govern ment export control and ec onomic sanctions laws. You assure that You, Your subsidiaries and Affiliates will not directly or indirectly export, re-export, transfer or release any Products or direct product thereof to any destination, person, entity or end-use prohibited or restricted under US laws without prior US government authorization to the extent required by applicable regulation. This section shall survive the expiration or termination of this EULA.
15. U.S. Government End Users. This section only applies to the U.S. Government or if you are or are acting on behalf of an agency or instrumentality of the U.S. Government. Th e Software is "commercial computer software" developed exclusively at private expense. Pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of the Software is governed by the terms of this EULA.
16. Amendments to the EULA. QRS may amend and modify this EULA from time to time. Material changes will take effect upon notification to you, which may occur via email or by posting on QRS's website at www.gimbal.com/beacon_eula. Other changes will take effect immediately. You agree to be bound by any of the changes made in the EULA, including changes to any and all documents and policies incorporated thereto. Continuing to use the Beacon will indicate your acceptance of the amended EULA. If you do not agree with any of the amended terms of the EULA, then you must avoid any further use of the Beacon.
17. Governing Law; Jurisdiction. This EULA will be governed by and construed in accordance with the laws of the State of California, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of California or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of California. You agree to resolve any dispute or claim that you may have against QRS and to submit to personal jurisdiction in the state and federal courts in the city of San Diego, California. The United Nations Convention on Contracts for the Sale of International Goods does not apply to this EULA.
18. Miscellaneous. The paragraph headi ngs herein are solely for the sake of convenience and will not be applied in the interpretation hereof. The failure of QRS to enforce any rights granted hereunder or to take action against You in the event of any breach hereunder will not be deemed a waiver by QRS as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any provision of this EULA is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this EULA will remain in full force and effect. Any a ttempt to sublicense, assign or transfer any of your rights, duties or obligations hereunder is void. This EULA constitutes the entire agreement between You and QRS concerning the subject matter hereof and supersedes any proposals or prior agreement, oral or written, and any other communications relating to the subject matter of this EULA. Please keep in mind that the Gimbal Product Privacy Policy is an additional contract that You agree to and by which You are bound. A copy of such terms may be found at www.gimbal.com/privacy. Any translation of this EULA is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this EULA shall control.
19. Notices. The Beacon Software is protected by copyright and other intellectual property laws and treaties.
Gimbal™ Proximity BEACON AS-IS, NO WARRANTY
QUALCOMM RETAIL SOLUTIONS (“QRS”) PROVIDES THE GIMBAL™ PROXIMITY™ BEACON (INCLUDING ALL SOFTWARE ASSOCIATED THEREWITH) (THE “PRODUCT”) WITHOUT WARRANTY, ON AN AS-IS BASIS. Manufacturers, suppliers, or third parties other than QRS may provide their own warranties, but QRS, to the extent permitted by law, provides this Product "AS IS". QRS does not warrant that the operation of the Product will be uninterrupted or error-free. QRS is not responsible for damage arising from any failure to follow instructions relating to the Product's use. Refer to the End User License Agreement (EULA) at www.gimbal.com/beacon_eula or other software licensing agreement accompanying the Product for details of your rights and obligations with respect to the use of such software
DISCLAIMER OF ALL WARRANTIES:
TO THE EXTENT PERMITTED BY LAW, QRS EXPRESSLY DISCLAIMS ALL WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED, FOR THE PRODUCT, AND ANY RELATED SOFTWARE OR SERVICE. AS PERMITTED BY APPLICABLE LAW, QRS, IT'S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF QRS, IT'S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE SHORTEST PERMITTED DURATION AND TO REPAIR, REPLACEMENT, OR REFUND AS DETERMINED BY QRS IN ITS SOLE DISCRETION. No QRS reseller, agent, partner, affiliate or employee is authorized to make any modification, extension, or addition to this no warranty statement. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
LIMITATION OF LIABILITY:
QRS, IT'S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, ARE NOT RESPONSIBLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION), THE SALE OR USE OF THE PRODUCTS, OR RELATED SOFTWARE OR SERVICES, OR UNDER ANY OTHER LEGAL THEORY.
QRS' CUMULATIVE LIABILITY, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, INDEMNIFICATION, CONTRIBUTION, OR OTHERWISE, SHALL BE LIMITED TO THE DIRECT DAMAGES RECOVERABLE UNDER LAW, BUT NOT TO EXCEED THE PURCHASE PRICE FOR THE PRODUCT. YOU HEREBY RELEASE QRS, IT'S MANUFACTURERS, DISTRIBUTORS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. QRS IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. QRS, ITS MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, DISCLAIM ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS AGREEMENT OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA. ALL CLAIMS BY YOU, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, MUST BE BROUGHT WITHIN TWO YEARS FROM THE DATE THE CAUSE OF ACTION ACCRUES. THIS LIMITATION OF LIABILITY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Some states do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply in those states. However, the parties intend for this limitations of liability provision to apply to the maximum extent allowed under applicable law. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision in this agreement. If your product is capable of storing software programs, data and other information, you should make periodic backup copies of the information contained on the product's hard drive or other storage media to protect the contents and as a precaution against possible operational failures.
PRODUCT WARNING
Scientific research on wireless devices and radio frequency (“RF”) energy has been conducted worldwide for many years, and continues. In the United States, the Food and Drug Administration (“FDA”) and the Federal Communications Commission (“FCC”) set policies and procedures for wireless devices. The FDA issue d a website publication on health issues related to usage of cell phones where it states, “The scienti fic community at large believes that the weight of the scientific evidence does not show an association between exposure to RF from cell phones and adverse health outcomes.” Still the scientific community does recommend conducting additional research to address g aps in knowledge. That research is being conducted around the world and the FDA continues to monitor developments in this field. You can access the FDA website at http://www.fda.gov (Under “C” in the subject index, select Cell Phones > Research.). You can also contact the FDA toll free at (888) 463-6332 or (888) INFO-FDA. The FCC issued its own website publication stating that “there is no scientific evidence that proves that wireless telephone usage can lead to cancer or other problems, including headach es, dizziness or memory loss.” The publication is availabl e at http://www.fcc.gov/cgb/cellular.html or through the FCC at (888) 225-5322 or (888) CALL-FCC. The National Cancer Institute (“NCI”) states that concerns about the potential health effects of using cellular phones – “and specifically the suggestion that using a cell phone may increase a person’s risk of developing brain cancer – are not supported by a growing body of research on the subject.”
1. Can I minimize my RF exposure? If you are concerned about RF, there are several simple steps you can take to minimize your RF exposure. You can, minimize usage of the device near the body. You can also place more distance between your body an d the source of the RF, as the exposure level drops off dramatically with distance. Wireless devices marketed in the United States are required to meet safety requirements regardless of whether they are used against the head or against the body.
2. Where can I obtain further information?For further information, see the following additional resources:U.S. Food and Drug Administration FDA Consumer Magazine November-December, 2000 1-888-INFO-FDA
http://www.fda.gov, Under “C” in the subject index, select Cell Phones > Research
American National Standards Institute 1819 L Street, N.W. Suite 600 Washington D.C., 20036 1-202-293-8020
3. Federal Communications Commission (FCC) Information
Changes or modifications not expressly approved by the party responsible for compliance could void the user's authority to operate the equipment.
This device complies with part 15 of the FCC Rules. Operation is subject to the following two co nditions: (1) This device may not cause harmful interference and (2) this device must accept any interference received, including interference that may cause undesired operation.
The Gimbal™ Proximity Beacon has been tested to the limits for a Class B digital device, according to Part 15 of the FCC rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. The Gimbal Proximity Beacon uses and radiates radio frequency energy and if not installed and used according to instructions, may cause harmful interference to radio communications or be interfered with. There is no guarantee that interference will not occur in a particular installation.
If the Gimbal Proximity Bea con does cause harmful interference to radio or telev ision reception, which can be determined by removing the battery from the Gimbal Proximity Beacon, try to correct the interference by taking one or more of the following actions: Increase the distance between the Gimbal Proximity Beacon and radio or television receiver
Consult the dealer where you bought your radio/TV or an experienced radio/TV technician
If the Gimbal Proximity Beacon is being interfered with try to correct the interference by taking the following actions:
Make sure that the Gimbal Proximity Beacon is no closer than 10 ft (3 m) of a Wi-Fi access point, microwave oven, or 2.4 GHz
cordless phone.
Increase the distance between the Gimbal Proximity Beacon and all other electronic equipment by moving the Gimbal Proximity
Beacon.
CAUTION: The Gimbal Proximity Beacon sho uld not be used in airplanes, hospitals or locations where cellular telephones and other electronic devices are prohibited.
4. Industry of Canada Information
This device complies with Industry Canada license-exempt RSS standard(s). Operation is subject to the following two conditions: (1) this device may not cause interference, and (2) this device must accept any interference, including interference that may cause undesired operation of th e device.
Le present appareil est co nforme aux CNR d'Industrie Canada applicables aux appareils radio exempts de lic ence. L'exploitation est autorisee aux deux conditions suivantes : (1) l'appareil ne doit pas produire de brouillage, et (2) l'utilisateur de l'appareil doit accepter tout brouillage radioelectrique subi, meme si le brouillage est susceptible d'en compromettre le fonctionnement.
5. Japan, Ministry of Internal Affairs and Communications (MIC) Information
The Gimbal Proximity Beacon has been approved for operation in Japan by the Ministry of Internal Affairs and Communications (MIC). The MIC Type Certification number for the Gimbal Proximity Beacon is 007-XX00000.
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