Product Terms and Conditions

Standard terms governing ULTRAX products, included software, documentation, warranty references, and dispute resolution.

This is a contract. By using the product, you accept the terms and conditions on this page. If you do not agree, the legacy policy states that you may return the complete package within 30 days of purchase to the location where it was acquired for a full refund.

Important notice: these terms include binding arbitration and a waiver of class actions as described below.

Definitions and grant

Hardware means hardware manufactured by or for ULTRAX and delivered under these terms. Software means software or firmware in object-code form that is owned or licensed by ULTRAX and included in the hardware. Product means the hardware and software collectively.

ULTRAX grants a non-exclusive, non-transferable, non-sublicensable license to use the software included with the hardware and the accompanying documentation, solely as included with the hardware and solely for internal business purposes. One archival copy may be made if original notices are preserved.

Restrictions

• No modification, adaptation, translation, reverse engineering, decompilation, disassembly, repair, or calibration of software except where law specifically prohibits such restrictions.
• No creation of derivative works based on the software, product, or documentation.
• No copying beyond permitted backup purposes.
• No rental, resale, lease, service-bureau use, or use for the benefit of third parties.
• No removal of proprietary notices or use of ULTRAX marks except as required for original notices.

Title and ownership

Title and risk of loss for hardware pass on delivery, subject to any rights you retain under applicable warranty or maintenance terms. Title, ownership rights, and intellectual property rights in the software and documentation remain with ULTRAX and its licensors.

Consent to use data

Through use of the products, ULTRAX may collect and use data and information from the products and connected equipment, including technical and usage information.

Use of that information is governed by the ULTRAX privacy policy. ULTRAX uses reasonable security measures but cannot guarantee that third parties will never defeat those measures. Product use acknowledges that data may be subject to unauthorized access.

Limited warranty reference

ULTRAX warrants that the products will conform to the limited warranty described in the Warranty Policy. The warranty effective on the purchase date applies to the product.

That limited warranty is the only warranty made by ULTRAX. ULTRAX disclaims all other warranties, representations, and conditions, including merchantability, fitness for a particular purpose, title, and non-infringement.

Limitation of liability

Under no circumstances and under no legal theory, whether tort, contract, or otherwise, shall ULTRAX or its suppliers or resellers be liable for direct, indirect, special, incidental, or consequential damages, including loss of goodwill, loss of data, work stoppage, or equipment malfunction damages, in excess of ULTRAX's list price for the applicable product.

The legacy terms also state that ULTRAX is not responsible for accidents, property damage, liability, bodily injury, or death that might occur even if the product may have or did contribute to the cause.

Export controls and U.S. Government end users

You may not directly or indirectly export, re-export, or release any portion of the products to any jurisdiction, country, or party where such export, re-export, or release is prohibited by applicable law.

For U.S. Government customers, the software and documentation are provided as commercial items and commercial computer software documentation, with only the rights set forth in these terms.

Dispute resolution and governing law

The legacy terms require an initial 30-day informal discussion period before arbitration. If unresolved, disputes are subject to binding arbitration before the American Arbitration Association under its Consumer Arbitration Rules, with class actions waived and claims to be brought only on an individual basis.

The terms are governed by Missouri law. Where arbitration provisions do not apply, the parties submit to the exclusive jurisdiction of courts located in Jackson County, Missouri.