Thanks for wanting to learn more about pi lab and Edwin! On this page you will find Shipping and Returns, Privacy Policy, Terms and Conditions, Warranty, and License Agreement. Please feel free to contact us if you cannot find the information you need, we're happy to help! 

 

Shipping and Returns

Shipping Information

  1. Every effort is made to ship your product within two (2) business days after we receive an order for a product.  Our standard method of shipping is UPS ground service.
  2. Expedited shipping is available at additional costs.  International customers, please note that direct sales are exclusive to U.S. customers (not including Puerto Rico) at this time.  We cannot ship to addresses outside the U.S. For shipments to P.O. Boxes, APO, or FPO addresses, select United States Postal Service as the shipping method.
  3. Contact Information.  If you have any questions about our online store, please contact us at support@thepilab.com.

 

Return Policy

  1. If for any reason you are not completely satisfied with the product you receive, we accept returns for refund within thirty (30) days of the purchase date. Shipping charges will be refunded only if the product proves defective in material or workmanship and it is returned within thirty (30) days of the purchase date.  Otherwise customer is responsible for shipping charges.
  2. After thirty (30) days from the date of purchase, any product that is defective in material or workmanship will be replaced for up to one (1) year after purchase date under our limited manufacturer's warranty. Customer is responsible for all shipping charges for returns after thirty (30) days from the date of purchase.
  3. Please contact support@thepilab.com to arrange a return prior to shipping.

 

 

Privacy Policy 

 

What information do we collect? 

We collect information from you when you register on our website, place an order, subscribe to our newsletter, respond to a survey, fill out a form or download our app.  When ordering or registering on our website you may be asked to enter your name, e-mail address, mailing address, phone number or credit card information or other information.  You may, however, visit our website without providing this information. 

Children's Online Privacy Protection Act Compliance (COPPA)\

To Parents:

  • We do not require a child to disclose more information than is reasonably necessary to participate in an activity;
  • You may review your child's personal information, direct us to delete it, and refuse to allow any further collection or use of your child's information;
  • You may agree to the collection and use of your child's information, but still not allow disclosure to third-parties
  • Parental consent is obtained by the use of a credit card, debit card, or other online payment system that provides notification of each separate transaction to the account holder;
  • To exercise your rights, please contact pi lab at support@thepilab.com. 

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

  • To personalize your experience:  (your information helps us to better respond to your individual needs);
  • To improve our website:  (we continually strive to improve our website offerings based on the information and feedback we receive from you);
  • To improve customer service:  (your information helps us to more effectively respond to your customer service requests and support needs);
  • To process transactions:  your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product requested;
  • To administer a contest, promotion, survey or other site feature;
  • To send periodic e-mails:  the e-mail address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.

Note:  If at any time you would like to unsubscribe from receiving future e-mails, we include detailed unsubscribe instructions at the bottom of each e-mail.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We use a secure server.  All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards, financials, etc.) will not be stored on our servers.

Your information may be saved or processed on servers located outside your country of residence.

Do we use cookies?

Yes.  Cookies are small files that a website or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the website or service provider system to recognize your browser and capture and remember certain information.

We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about website traffic and website interaction so that we can offer better website experiences and tools in the future.  We may contract with third-party service providers to assist us in better understanding our website visitors.  These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings.  Like most websites, if you turn your cookies off, some of our services may not function properly.  However, you can still place orders over the telephone.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.  This does not include trusted third-parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.  We may also release your information when we believe release is appropriate to comply with the law, enforce our website policies or Terms of Use, or protect ours or others rights, property, or safety.  Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-Party Links

Occasionally, at our discretion, we may include or offer third-party products or services on our website through a link to a third-party website.  These third-party websites have separate and independent privacy policies.  We therefore have no responsibility or liability for the content and activities of these linked sites.  Nonetheless, we seek to protect the integrity of our website and welcome any feedback about these linked sites.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act.  We therefore will not distribute your personal information to outside parties without your consent.  This does not include trusted third-parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

http://www.thepilab.com

support@thepilab.com

            pi lab, LLC

            252 West Main Street

            Carmel, Indiana 46032

            317-660-1050

This online privacy policy applies only to information collected through our website and not to information collected offline.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at Terms and Conditions.

Your Consent

By using our site, you consent to our websites privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will update the Privacy Policy modification date below.

This policy was last modified on 12-11-2015.

 

Warranty

PI LAB LIMITED WARRANTY AND DISCLAIMER

Pi lab, LLC ("pi lab") warrants to the original retail purchaser of EDWIN™ the Duck (the "Product") that for a period of one (1) year from the date of purchase of the Product ("Warranty Period") the hardware is free from defects in material, parts, and workmanship if it is properly used and maintained.  The hardware is limited to the mechanical and electrical components of the Product and does not include any software or mobile device used to communicate with the Product.  If you discover during the Warranty Period that the hardware is defective in either material, parts or workmanship, pi lab, at its option, will:  (a) repair the hardware; or (b) replace the entire hardware, at no charge for parts or labor or replacement.  If the Product model is no longer available and cannot be replaced with an identical model, pi lab at its sole option may replace the Product with a current model of equal or greater value.  To obtain a repair or replacement under the terms of this warranty, please return the Product to a dealer first, if possible, and the dealer will direct you accordingly for repairs or replacement.  You will be required to submit a copy of the original purchase receipt.  Otherwise refer to pi lab's return policy for return of the Product to pi lab.  YOUR SOLE REMEDY AND PI LAB'S SOLE LIABILITY TO YOU UNDER THIS WARRANTY FOR ANY DEFECTIVE HARDWARE IS THE REPAIR OR REPLACEMENT OF THE HARDWARE AT NO CHARGE TO YOU.

Return shipping for repairs or replacement is the sole responsibility of the original retail purchaser.

Limitations:

This limited warranty does not cover failure of the Product resulting from improper installation, misuse, abuse, accident, neglect, mishandling, or wear from ordinary use or environmental deterioration.

  • This limited warranty does not cover cosmetic damage or consequential damage to other components or premises which may result for any reason from the failure of the Product.
  • This limited warranty is null and void for any Product not used in accordance with pi lab's instructions.
  • This limited warranty is null and void for any Product not purchased from pi lab or an authorized dealer.
  • This limited warranty terminates if you sell or otherwise transfer this Product to another party.
  • This limited warranty does not cover the software in the Product (refer to the Software License Agreement included with the Product) or any mobile device used by you to communicate with the Product.

PI LAB MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, RELATED TO THE HARDWARE OR THE PRODUCT AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

PI LAB SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY YOU, OR ANY THIRD-PARTY ON ACCOUNT OF, OR ARISING FROM THE DESIGN OF, THE DECISION TO USE, OR USE OF THE PRODUCT.  IN NO EVENT WILL PI LAB BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES OR FOR PRODUCTS NOT BEING AVAILABLE FOR USE.  PI LAB'S MAXIMUM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, IS LIMITED TO ANY AMOUNT EQUAL TO THE AMOUNT PAID BY YOU FOR THE PURCHASE OF THE PRODUCT. 

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.  PI LAB'S SOLE LIABILITY FOR DEFECTS IN HARDWARE IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THIS LIMITED WARRANTY.  SOME STATES, JURISDICTIONS OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Terms and Conditions

OVERVIEW

 

a.              This website is operated by pi lab, LLC ("pi lab").  Throughout the site, the terms "we," "us" and "our" refer to pi lab.  The terms "you" and "your" refer to the person or persons accessing or using the website.  Pi lab offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

 

b.              By using our site to purchase a product from us or by merely accessing our site, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  Please read these Terms of USE carefully before accessing or using our website.  These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

c.              Any new services, resources, features, or tools which are added to our website shall also be subject to these Terms of Use.

 

 

SECTION 1.  GENERAL TERMS AND CONDITIONS

 

a.              By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

b.              You may not use our Service, our website or our products for any illegal or unauthorized purpose nor may you, in the use of the Service, our website or our products, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

c.              You must not transmit any worms, malware or viruses or any code of a destructive nature using our site.

 

d.              Any breach or violation of any of these Terms of Use will result in an immediate termination of your access to and use of our Service and our website.

 

e.              We reserve the right to refuse our Service or access to our website to anyone for any reason at any time.

 

f.               You understand that information you enter on our site (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  Credit card information is always encrypted during transfer over networks.

 

g.              You agree not to reproduce, sell or otherwise distribute, modify, transmit or exploit any portion of the Service or our website, use the Service or website, or access the Service or website or any content on the website through which the Service is provided, without express written permission by us.

 

h.              The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these terms and conditions.

 

SECTION 2.  ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

a.              We are not responsible if information made available on this site is not accurate, complete or current.  The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on this site is at your own risk.

 

b.              This site may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.  You agree that it is your responsibility to monitor changes to our site.

 

SECTION 3.  MODIFICATIONS TO THE SERVICE AND PRICES

 

a.              Prices for our products are subject to change without notice.

 

b.              We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

 

c.              We shall not be liable to you or to any third-party for any price change or modification, suspension or discontinuance of the Service.

 

SECTION 4.  PRODUCTS OR SERVICES (if applicable)

 

a.              Certain of our products may be available exclusively online through the website.  These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

b.              We have made every effort to display as accurately as possible the colors and images of our products.  We cannot guarantee that your computer monitor's display of any color will be accurate.

 

c.              We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products that we offer.  All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.  We reserve the right to discontinue any product at any time.

 

SECTION 5.  ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

a.              We reserve the right to refuse any order you place with us on our site.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

b.              You agree to provide current, complete and accurate purchase and account information for all purchases you make on our site.  You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

c.              For more detail, please review our Return Policy.

 

SECTION 6.  OPTIONAL TOOLS

 

a.              We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

 

b.         You acknowledge and agree that we provide access to THIRD-PARTY tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of any optional third-party tools.

 

c.              Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

 

SECTION 7.  THIRD-PARTY LINKS

 

a.              Certain content or products available via our site may include links to materials from third-parties.

 

b.              Third-party links on our site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy of such third-party websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

c.              We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 8.  USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

a.              If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send comments to us, whether online, by e-mail, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.  We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

b.              We may, but have no obligation to, monitor, edit or remove content from your comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

 

c.              You warrant and represent that your comments do not violate any right of any third-party, including copyright, trademark, trade secret, privacy, publicity or other personal or proprietary right of any third-party.  You further warrant and represent that your comments do not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, our site or any related website.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 9.  PERSONAL INFORMATION

 

Your submission of personal information through our site is governed by our Privacy Policy.  View our Privacy Policy.

 

SECTION 10.  ERRORS, INACCURACIES AND OMISSIONS

 

a.              Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

b.              We undertake no obligation to update, amend or clarify information in the Service, on our website or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Service, on our website or on any related website, should be taken to indicate that all information in the Service, on our website or on any related website has been modified or updated.

 

SECTION 11.  PROHIBITED USES

 

In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the site or its content:  (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, our website or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, our website or any related website, other websites, or the Internet.  We reserve the right to terminate your use of the Service, our website and/or any related website for violating any of these prohibited uses.

 

SECTION 12.  DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

a.         We do not represent or warrant that your use of our Service OR OUR WEBSITE will be uninterrupted, timely, secure or error-free or that any errors in the Service OR OUR WEBSITE will be CORRECTED.

 

b.         We do not REPRESENT OR warrant that the results that may be obtained from the use of the Service OR OUR WEBSITE will be accurate or reliable.

 

c.         We do not represent or warrant that the quality of the Service OR OUR WEBSITE will meet your expectations.

 

d.         You agree that from time to time we may remove the Service OR OUR WEBSITE for indefinite periods of time or cancel the Service OR OUR WEBSITE at any time, without notice to you.

 

e.         You expressly agree that your use of, or inability to use, the Service OR OUR WEBSITE is at your sole risk.  The Service AND OUR WEBSITE are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representationS, CONDITIONS or warrantIES of any kind, either express or implied.  We hereby disclaim any express or implied warranties OR CONDITIONS of any kind or nature RELATED to the Service OR OUR WEBSITE INCLUDING all implied warranties AND CONDITIONS of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

f.          In no case shall pi lab, our parent, subsidiaries, affiliates, partners, directors, officers, employees, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service, OUR WEBSITE or any products procured using the Service OR OUR WEBSITE, or for any other claim related in any way to your use of the Service, OUR WEBSITE or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service, OUR WEBSITE, PRODUCT, or any content posted, transmitted, or otherwise made available via the Service OR OUR WEBSITE, even if advised of their possibility.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 13.  INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless pi lab and our parent, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, interns, licensors, service providers, subcontractors, and suppliers, harmless from any claim or demand, including reasonable legal fees, resulting from or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 14.  SEVERABILITY

 

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 15.  TERMINATION

 

a.              These Terms of Use are effective unless and until terminated by either you or us.  You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services or website, or when you cease using our website.

 

b.              If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may terminate this agreement at any time without notice and you will remain liable for all amounts you have agreed to pay up to and including the date of termination; and/or we may deny you access to and/or use of our Services and/or our website (or any part thereof).

 

c.              The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms of Use for all purposes.

 

SECTION 16.  ENTIRE AGREEMENT

 

a.              The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

 

b.              These Terms of Use and any policies or operating rules posted by us on our website or in respect to the Service constitutes the entire agreement and understanding between you and us related to use of the Service and our website and govern your use of the Service and/or our website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

 

c.              Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

 

SECTION 17.  GOVERNING LAW

 

These Terms of Use and any separate agreements whereby we provide the Service or our website shall be governed by and construed in accordance with the laws of the United States of America and the state of Indiana.

 

SECTION 18.  CHANGES TO TERMS OF USE

 

a.              You can review the most current version of these Terms of Use at any time at this page.

 

b.              We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website.  It is your responsibility to check our website periodically for changes.  Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

 

SECTION 19.  CONTACT INFORMATION

 

Questions about these Terms of Use should be sent to us at support@thepilab.com or at pi lab, LLC, 252 West Main Street, Carmel, Indiana46032, phone number:  317-660-1050.

 

License Agreement

BEFORE USING EDWIN THE DUCK, YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.  BY USING EDWIN YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT AS LICENSEE OF THE COMPUTER SOFTWARE INCLUDED WITHIN EDWIN ("LICENSED SOFTWARE").  IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU SHOULD PROMPTLY RETURN EDWIN FOLLOWING LICENSOR'S RETURN POLICY FOR A FULL REFUND OF YOUR PURCHASE PRICE.

1.  License Grant.  Subject to the terms and conditions of this Agreement pi lab, LLC, an Indiana limited liability company (the "Licensor"), grants to you a non-exclusive license to possess the copy of the Licensed Software included in Edwin (the "Device") in machine-readable form and to use the Licensed Software in the Device.

2.  Restrictions.  No license or right is granted to use, reproduce, copy, translate, rearrange, modify, enhance, display, sell, lease, sublicense, or otherwise distribute, transfer or dispose of the Licensed Software in whole or in part, except as expressly provided in this Agreement.  Neither you nor anyone acting on your behalf shall reverse engineer, reverse-assemble or reverse-compile the Licensed Software in whole or in part.  Neither you nor anyone acting on your behalf shall investigate, research, or pursue any course of effort to acquire knowledge about the logic, structure or communication codes of or in the Licensed Software, or create or use any computer program or device to read the Licensed Software or communication codes.

3.  Title.  Title to the Licensed Software and to all intellectual property rights, including, without limitation, patent, trademark, copyright, and trade secret rights in and to the Licensed Software are and shall remain in Licensor.

4.  Proprietary, Copyright, and Trade Secret Notices.  You shall not remove any proprietary, copyright, or trade secret notices from the Licensed Software or the Device.

5.  Confidentiality.  The source code, object code, communication codes, and other information associated with the Licensed Software is confidential information of the Licensor.  If such confidential information becomes known to you or any of your agents in connection with the license granted by this Agreement, you shall maintain the secrecy of, and shall refrain from using, disclosing or otherwise exploiting for any purpose not authorized in writing by Licensor, such confidential information.  In addition to any other rights or remedies which may be available to Licensor, Licensor (without being required to post any bond or other security) shall be entitled to appropriate injunctive relief against you or your agents in the event of any breach of this Section 5.  You acknowledge and agree that any unauthorized use or disclosure will cause irreparable injury to Licensor and that money damages will not provide adequate remedy.

6.  Limited Warranty; Disclaimer.  THE LICENSED SOFTWARE AND THE DEVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED SOFTWARE OR THE DEVICE.  LICENSOR SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO SOME LICENSEES.

7.  Limitation of Liability.  LICENSOR SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY YOU, OR ANY THIRD PARTY ON ACCOUNT OF, OR ARISING FROM THE DESIGN OF, THE DECISION TO USE, OR USE OF THE LICENSED SOFTWARE OR THE DEVICE.

LICENSOR'S LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, IS LIMITED TO AN AMOUNT EQUAL TO ANY AMOUNTS PAID BY YOU FOR THE PURCHASE PRICE OF THE DEVICE.  IN NO EVENT WILL LICENSOR BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR NATURE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  LICENSOR SHALL NOT BE RESPONSIBLE FOR FAILURE TO FULFILL ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO CAUSES BEYOND ITS CONTROL.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME LICENSEES.

8.  Term and Termination.  The license granted in this Agreement is effective upon use of the Device.  You may terminate the license granted in this Agreement by returning the Device along with the Licensed Software to Licensor.  This license is automatically terminated if you fail to comply with any term of this Agreement.  You agree upon such termination to return the Device and the Licensed Software to Licensor.

9.  Choice of Law.  This Agreement shall be governed by, and construed in accordance with, the law of the State of Indiana.