EMAIL POLICY

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Note: For the purpose of this policy email shall mean this email and including but not limited to any information, files, attachments, transmissions and/or quotes contained therein.

 

General

This email and any information and/or attachments transmitted herewith contain information that is confidential and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, please delete it and all attachments without making a copy thereof and immediately notify the sender. Any distribution or reproduction of this message and/or attachments contained therein is strictly prohibited.

 

 

Terms and conditions of sale

If the purpose of this transmission is to provide a quotation or to confirm or acknowledge an order or to provide information in relation to the Products and Services offered, unless otherwise agreed in writing, the FUTURE ELECTRONICS TERMS AND CONDITIONS OF SALE exclusively govern the sale of Products and the provision of services by Future Electronics and take precedence over supplemental or conflicting terms and conditions to which notice of objection is hereby given. The FUTURE ELECTRONICS TERMS AND CONDITIONS OF SALE are available at www.futureelectronics.com and may be provided on invoices, packing slips, order acknowledgements, or other methods.

 

Design and customizations

If the purpose of this transmission is to provide specification, design drawing, design files, proof of concept and any other material, tangible or not, including material provided in electronic format (the “Deliverables”),  the Deliverables is provided for testing purposes only and is not intended for any other use by the Recipient.  The Deliverables may not be used in consumer products without the express written consent of Future Electronics.  For further clarity, Recipient may not use Deliverables to manufacture itself or to enable the manufacture by any third party of any products similar to the Deliverables or derived therefrom, without the prior express written consent of Future Electronics. Future Electronics makes no warranty, representation or guarantee regarding the suitability of the Deliverables for any particular purpose, nor does Future Electronics assume any liability arising out of the application or use of the Deliverables described herein.

If any Deliverables includes software or other intellectual property, such software or other intellectual property is provided by Future to Recipient subject to the copyright and user license, if any, for such Deliverables, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. Recipient acknowledges and understands that Future Electronics is not liable to Recipient or any third party for any copyright, design or patent issue, right or claim that may arise in relation to any Deliverable. For further clarity, Future Electronics disclaims, and shall have no liability for any trademark, trade dress, trade secret, copyright, design or patent infringement, or any other intellectual property right, which may occur, as a result of the delivery of Deliverables to Recipient.

Future Electronics disclaims any liability resulting from the misuse, improper testing, assembly, mishandling, or operation contrary to current instructions relating to installation, maintenance or operation, or contrary to industry standards relating to acceptable input power of the Deliverables. RECIPIENT/CUSTOMER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND FUTURE ELECTRONICS SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS, REMOVAL AND/OR REINSTALLATION COSTS, REPROCUREMENT COSTS, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, EVEN IF FUTURE ELECTRONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RECIPIENT’S RECOVERY FROM FUTURE ELECTRONICS FOR ANY CLAIM SHALL NOT EXCEED RECIPIENT'S PURCHASE PRICE FOR THE DELIVERABLES GIVING RISE TO SUCH CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. FUTURE ELECTRONICS SHALL NOT BE LIABLE FOR AND RECIPIENT SHALL INDEMNIFY, DEFEND AND HOLD FUTURE ELECTRONICS HARMLESS FROM ANY CLAIMS BASED ON FUTURE ELECTRONICS' COMPLIANCE WITH RECIPIENT'S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANY DELIVERABLES BY PARTIES OTHER THAN FUTURE ELECTRONICS, OR USE IN COMBINATION WITH OTHER DELIVERABLES.  IF, FOR ANY REASON, THE FOREGOING LIMITATIONS ARE FOUND BY AN ARBITRATION PANEL OR COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER ANY APPLICABLE STATE OR PROVINCIAL LAW, RECIPIENT AGREES THAT FUTURE ELECTRONICS’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO ACTUAL DAMAGES WITHOUT REGARD TO ANY PUNITIVE OR EXEMPLARY DAMAGES PROVIDED BY ANY SUCH APPLICABLE LAW.

Future Electronics products and/or solutions are not designed, intended, or authorized for use as components in systems intended for any application in which the failure of the Future Electronics product and/or solutions could create a situation where personal injury or death may occur. “Typical” parameters can and do vary in different applications. All operating parameters, including “Typical” must be validated for each customer application by customer’s technical experts.

 

 

 

 

FACSIMILE POLICY

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This facsimile and any information transmitted herewith contain information that is confidential and is intended only for the use of the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, please destroy it without making a copy thereof and immediately notify the sender. Any distribution or reproduction of this message and/or information contained therein is strictly prohibited.

 

Terms and conditions of sale

If the purpose of this transmission is to provide a quotation or to confirm or acknowledge an order or to provide information in relation to the Products and Services offered, unless otherwise agreed in writing, the FUTURE ELECTRONICS TERMS AND CONDITIONS OF SALE exclusively govern the sale of Products and the provision of services by Future Electronics Inc. and its divisions, subsidiaries and affiliates and take precedence over supplemental or conflicting terms and conditions to which notice of objection is hereby given. The FUTURE ELECTRONICS TERMS AND CONDITIONS OF SALE are available at www.futureelectronics.com and may be provided on invoices, packing slips, order acknowledgements or other method.

 

Design and customizations

If the purpose of this transmission is to provide specification, design drawing, design files, proof of concept and any other material, tangible or not, including material provided in electronic format (the “Deliverables”) the Deliverables is provided for testing purposes only and is not intended for any other use by the Recipient.  The Deliverables may not be used in consumer products without the express written consent of Future Electronics.  For further clarity, Customer may not use Deliverables to manufacture itself or to enable the manufacture by any third party of any products similar to the Deliverables, or derived therefrom, without the prior express written consent of the Future Electronics. Future Electronics makes no warranty, representation or guarantee regarding the suitability of the Deliverables for any particular purpose, nor does Future Electronics assume any liability arising out of the application or use of the Deliverables described herein.

If any Deliverables includes software or other intellectual property, such software or other intellectual property is provided by Seller to Customer subject to the copyright and user license, if any, for such Deliverables, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. Customer acknowledges and understands that Future Electronics is not liable to Customer or any third party for any copyright, design or patent issue, right or claim that may arise in relation to any Deliverable. For further clarity, Future Electronics disclaims, and shall have no liability for any trademark, trade dress, trade secret, copyright, design or patent infringement, or any other intellectual property right, which may occur, as a result of the delivery of Deliverables to Customer.

Future Electronics disclaims any liability resulting from the misuse, improper testing, assembly, mishandling, or operation contrary to current instructions relating to installation, maintenance or operation, or contrary to industry standards relating to acceptable input power of the Deliverables. CUSTOMER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND FUTURE ELECTRONICS SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS, REMOVAL AND/OR REINSTALLATION COSTS, REPROCUREMENT COSTS, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, EVEN IF FUTURE ELECTRONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER’S RECOVERY FROM FUTURE ELECTRONICS FOR ANY CLAIM SHALL NOT EXCEED CUSTOMER'S PURCHASE PRICE FOR THE DELIVERABLES GIVING RISE TO SUCH CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. FUTURE ELECTRONICS SHALL NOT BE LIABLE FOR AND CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD FUTURE ELECTRONICS HARMLESS FROM ANY CLAIMS BASED ON FUTURE ELECTRONICS' COMPLIANCE WITH CUSTOMER'S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANY DELIVERABLES BY PARTIES OTHER THAN FUTURE ELECTRONICS, OR USE IN COMBINATION WITH OTHER DELIVERABLES.  IF, FOR ANY REASON, THE FOREGOING LIMITATIONS ARE FOUND BY AN ARBITRATION PANEL OR COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER ANY APPLICABLE STATE OR PROVINCIAL LAW, CUSTOMER AGREES THAT FUTURE ELECTRONICS’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO ACTUAL DAMAGES WITHOUT REGARD TO ANY PUNITIVE OR EXEMPLARY DAMAGES PROVIDED BY ANY SUCH APPLICABLE LAW.

Future Electronics products and/or solutions are not designed, intended, or authorized for use as components in systems intended for any application in which the failure of the Future Electronics product and/or solutions could create a situation where personal injury or death may occur. “Typical” parameters can and do vary in different applications. All operating parameters, including “Typical” must be validated for each customer application by customer’s technical experts.