AllyCare Product Support Services Terms and Conditions

These AllyCare Product Support Services Terms (“Maintenance Description”) state the terms and conditions under which NetAlly will deliver technical support services for the following NetAlly products OneTouch™, LinkRunner™, AirCheck™ and AirMagnet Mobile which includes firmware (“Software”) and hardware (“Hardware” and together with Software collectively referred to as “Product”) that have been purchased from NetAlly or a NetAlly authorized reseller or distributor. The Products are subject to the terms of the agreement under which the Product was originally purchased (“Agreement”). In the event of a conflict between the terms of the Agreement and this Maintenance Description, the terms this Maintenance Description will govern. NetAlly reserves the right to change or discontinue the offerings described in this Maintenance Description provided Maintenance does not change for the remainder of the then-current Maintenance term. Terms not defined in this Maintenance Description are as defined in the Agreement.

1. AllyCare Product Support Description.

A. General

  • 1. Subject to the terms herein, AllyCare services includes: access via www.netally.com to maintenance releases, enhancements, corrections, bug fixes, and modifications made to the Software that are provided to NetAlly customers generally as part of these AllyCare support services (collectively referred to as “Updates”) for covered Products and priority access to the technical support team is Monday through Friday from 3:00 a.m. – 8:00p.m. ET and is closed during NetAlly holidays.

B. Hardware/Accessory Repair or Replacement

  • 1. When Hardware has been pre-qualified as defective or faulty by NetAlly’s technical assistance center, NetAlly at its sole discretion will either repair or replace the unit. Replacement units will be the same or higher model and may be refurbished. Accessories that were originally shipped with the Hardware or Software may be entitled to repair or replacement in accordance with these terms at NetAlly’s sole discretion; commercial off the shelf accessories including but not limited to WiFi network adaptors and general-purpose batteries are expressly excluded.
  • 2. Any service repair must be performed by a NetAlly authorized service representative. Requests for service must be submitted via the internet or by phone and will be pre-qualified by NetAlly’s Technical Assistance Center (TAC).
  • 3. Damage attributable to natural depreciation (“ordinary wear and tear”) or due to abuse of the Hardware does not qualify for AllyCare services. NetAlly reserves the right to determine if the cause of failure or out of specification performance is due to abuse of the Product. Should NetAlly determine that the Product failure is due to abuse, any applicable warranty or AllyCare service coverage will be immediately voided for that Product. Abuse includes damage resulting from dropping the instrument. Future coverage will be denied to such Product unless it has undergone repair and is deemed suitable for coverage by an authorized NetAlly service repair facility.
  • 4. A Return Material Authorization (“RMA”) number must be obtained prior to the return of defective Products for repair or replacement. If NetAlly receives Products without a valid or correct RMA number identified on the outside of the packaging of such Products, NetAlly will have no obligation to provide AllyCare support with respect to such Products. NetAlly will pay shipping charges for Hardware replacements under AllyCare services.
    Shipping from NetAlly is by common carrier, “2 day” unless circumstances require later shipment. Shipping back to NetAlly and any return shipping will be “second day” ship. Prior to returning defective Products to NetAlly for repair or replacement, Customer must remove any confidential, proprietary, or personal information, including without limitation, personal health information or personally identifiable information, as such is defined under applicable local law, regulation or directive. In addition, customer is responsible for backing up customer’s data on the hard drive(s) and any other storage device(s) in the hardware. NetAlly is not responsible for any of customer’s confidential, proprietary, or personal information or removal thereof; lost or corrupted data; or damaged or lost removable media.
  • 5. Repair/exchange (with pre-paid shipping) for primary Hardware/Accessories are not available in certain countries worldwide. Contact NetAlly’s Technical Assistance Center to see if these services are available in your area.

C. Eligibility

  • 1. AllyCare services are non-transferable.
  • 2. Term and Renewal. Unless otherwise agreed to by the parties in writing, the initial term for AllyCare will be for twelve (12) months. Maintenance support services may not be cancelled during the applicable term
  • 3. Invoicing, Fees and Pricing. Fees for AllyCare services are due and payable net 30 days from the invoice date and are as set forth in the applicable NetAlly quotation or price list if purchased directly from NetAlly. If AllyCare services have been purchased via an authorized NetAlly channel partner, fees and payment terms for AllyCare services will be as negotiated between such channel partner and Customer. Payments are non-refundable.
  • 4. Continuing Availability. If NetAlly discontinues a Product, NetAlly will continue to make AllyCare available for no less than two years from the date of discontinuation of sale. AllyCare on a discontinued software product will be limited to technical support. Bug fixes will only be identified for the then-current Software release. Repair of hardware products will be restricted to parts availability.
  • 5.Substitutions; Software Updates. NetAlly reserves the right to substitute functionally compatible products not affecting network configurations. Updates include all bug fixes and enhancements which become elements of the standard Product.
  • 6. Limitations and Exclusions. NetAlly is not obligated to provide troubleshooting or updates containing additional features and enhancements other than defect corrections, or to provide AllyCare on Software beyond one release back from the current version. NetAlly is not liable for delays caused by third parties. Geographical restrictions or limitations may apply to the Maintenance support services described herein and such services may not be available in all areas. NetAlly is not obligated to provide Maintenance support services with respect to claims resulting from the fault or negligence of customer or a third party; fault in third party hardware or programs used in conjunction with the Software; improper or unauthorized use of the Products; modifications or repair of Products by a party other than NetAlly or its authorized contractor; a force majeure event and any causes external to the Product such as power failure or electric power surge; modification to factory default configurations; or use of the Products in combination with equipment or software not supplied by NetAlly or recommended in the Product documentation. Functional upgrades such as faster processors; increased memory / flash, etc. are not covered under AllyCare Support and are separately chargeable at the then-current list price.
  • 7. Confidential Information. All technical and business information, including without limitation all Software and Updates provided by NetAlly, contain valuable trade secrets of NetAlly and constitute confidential information. Customer agrees to protect the confidentiality of such information with the same degree of care by which it protects its own such confidential information, but no less than reasonable care. Customer may not provide access to or disclose confidential information to any third party without the prior written consent of NetAlly. Confidentiality obligations set forth in the then-current end user product license agreement accompanying the Products will apply.
  • 8. Limitation of Liability. NETALLY WILL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND RESULTING FROM THE PROVISION OF PRODUCTS OR MAINTENANCE SUPPORT SERVICES HEREUNDER. IN NO EVENT WILL NETALLY’S TOTAL LIABILITY TO CUSTOMER FOR ANY OTHER DAMAGES EXCEED THE AMOUNT PAID OR PAYABLE FOR THE PRODUCT OR MAINTENANCE SUPPORT SERVICES GIVING RISE TO THE CLAIM.
  • 9.Termination. NetAlly may terminate AllyCare services for cause in the event of an occurrence of any of the following:(a) Customer fails or is delinquent in the payment of fees (b) Customer resides in a country on the US Department of Commerce embargo list (c) Customer is found to be falsifying any claims on mainframes or accessories (d) Customer knowingly uses AllyCare services to take advantage of services and entitlements for products not covered.

NetAlly Website Terms of Use

ATTENTION: These terms of use set forth the basis on which you are permitted to access and use this Website, netally.com (the “Website”). By accessing this Website, you acknowledge acceptance of these terms of use. NetAlly (LinkRunner LLC, DBA NetAlly) reserves the right to change these terms of use from time to time at its sole discretion.

Ownership
All copyrights and other intellectual property rights in the Website, including without limitation, all trademarks, logos, software, and written and graphical content included in the Website, are owned by NetAlly (“NETALLY”) and are hereby reserved.

Limited License
NETALLY hereby authorizes you to copy materials published by NETALLY on this Website solely for non-commercial use within your organization (or if you are a NETALLY Partner, your customer’s organization) in support of NETALLY products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, or copyright of NETALLY or any third party.

ALL CONTENTS ON THIS WEBSITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEBSITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM NETALLY. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT, OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

Links to Third-Party Sites
This Website may contain links to third-party sites. Access to any other Internet site linked to this Website is at the user’s own risk and NETALLY is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. NETALLY provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

Compliance with Applicable Laws; Export Control Laws
Your access to this Website is governed by all applicable federal, state, and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

Content and Liability Disclaimer
NETALLY shall not be responsible for any errors or omissions contained on the NETALLY Website. NETALLY may change the programs or products mentioned at any time without notice. Mention of non-NETALLY products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by NETALLY. All NETALLY and third-party information provided on the NETALLY Website is provided on an “as is” basis.

NETALLY AND ITS SUPPLIERS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY NETALLY WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

IN NO EVENT SHALL NETALLY OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR NETALLY AND/OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, COST OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY NETALLY WEBSITE, ANY NETALLY PRODUCT OR SERVICE, EVEN IF NETALLY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law
The NETALLY Website is controlled by NETALLY from its offices in Colorado Springs, CO, USA. You acknowledge and agree that any dispute arising directly or indirectly out of your use of this Website shall be governed by the laws of the State of Colorado, USA, without regard to any choice-of-law provision, and not by the United Nations Convention on Contracts for the International Sale of Goods. You agree that the state or federal courts located in Denver, Colorado, USA, shall have the exclusive jurisdiction and venue over any action arising out of your use of the NETALLY Website.

Entire Agreement
These terms of use are the entire agreement between you and NETALLY in relation to your use of the Website, and all other representations or discussions are hereby excluded from this agreement. If any part of these terms are held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. NETALLY’s failure to insist on or enforce strict performance of these terms shall not constitute a waiver of any breach or any future breaches thereof.

Last update: May 28, 2019

NetAlly EULA