You agree that the order you make on the VIA Embedded online store at www.viaembeddedstore.com(the “Site”) is an offer to purchase the products (“Products”) listed in your order or shopping cart (“Order”) from VIA Technologies, Inc., including its affiliates (collectively, “VIA”) on these commercial terms and conditions listed below (“Terms”). When you send your Order to the Site, that Order shall constitute your agreement to these Terms. You represent you have the legal authority to enter into this Terms on behalf of yourself or any party you represent. VIA will issue a confirmation after receipt of your Order. Your receipt of an electronic or other form of confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your Order or limit the Order quantity for any reason.
VIA reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Site following the posting of changes to these Terms will mean you accept those changes.
Although availability may be indicated on the Site, we cannot guarantee Product availability and Products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the Products ordered or cancel your Order.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been accepted and your credit card has been charged. If your credit card has already been charged for the purchase and your Order is canceled, we shall issue a credit to your credit card account in the amount of the charge.
Separate charges for shipping and handling will be added to the cost of the Products. You will be solely responsible for such charges. You are solely responsible for timely providing accurate and complete shipping information and updates thereto. VIA reserves the right to limit quantities for shipping.
All applicable local, city, and state taxes are your responsibility and will be applied to the Order. You agree to pay these taxes. International customers subject to customs, withholding, value-added, consumption tax or any other tax or duties shall be solely responsible for the payment of such taxes or duties to the appropriate jurisdiction.
Title and Risk of Loss
VIA will ship the Products in your Order to you from VIA’s manufacturing or distribution facility, as applicable, with title (other than title to software or firmware) and risk of loss passing to you upon VIA’s delivery of the Products in your Order to the first common carrier.
Title to any software purchased in your Order will remain with the VIA or its supplier. Your use of such software contained in your Order is subject to the Software License Agreement (“Software License Agreement”) included in the package for the Product. Please review the Software License Agreement prior to download or installation. By opening, installing or using the software, you agree to be bound by the Software License Agreement.
You are solely responsible for obtaining any licenses or other governmental authorizations related to your use of the Products in your Order that may be required by any federal, state or local government agency, and for complying with all rules and regulations imposed by such agencies. Neither VIA nor any of its employees is your agent or representative in governmental matters.
Limited Warranty and Conditions for Hardware
VIA warrants only to you, the original purchaser of the Product, that the hardware product purchased online at the Site shall, under normal use and conditions, be free from significant defects in materials and workmanship for a period of twelve (12) months, with the exception of the six (6) month period for the VAB-600, from the date of initial shipment of the Product (the “Warranty Period”). Notwithstanding anything to the contrary herein, no warranty or condition for any hardware product shall be enforceable if the alleged defect or nonconformity cannot be verified or reproduced by VIA or is a result of abuse, misuse, neglect, tampering, unauthorized or improper use or installation, disassembly, repair, alteration, or accident by you, your agents or any third party. For this limited warranty and condition to apply, you must, during the Warranty Period, notify VIA in writing upon discovery of any defects or non-conformities in the Product by sending an email to the VIA Embedded online store at firstname.lastname@example.org, explaining in reasonably sufficient detail the alleged defect or nonconformity covered by this limited warranty. You must also request a Return Authorization number (RMA) from VIA’s customer service and further instructions. You will also need to provide your original Order number, the name of the Product you are returning, your name and email address. No Products may be returned to us for warranty services without the prior written authorization of VIA and an applicable RMA number. Any RMA number issued by VIA is valid only for thirty (30) days, and you must return the defective Product to VIA within such period for this limited warranty and condition to apply. Any Products returned by you under this limited warranty and condition shall be returned to VIA at your sole expense. VIA cannot accept cash on delivery. VIA will pay freight cost for delivery back to you only if warranty services are made under this limited warranty and condition hereof, and customer must pay freight and handling costs for return of Product if warranty services are not made. For further instructions on providing notice to VIA of defective Products, RMA requests, and return of defective or nonconforming Products, please send an email to email@example.com.
Customer’s sole and exclusive remedy, and VIA’s sole and exclusive obligation, under this limited warranty and condition shall be, at VIA’s option, either to repair or replace, or refund the purchases price of, any non-conforming or defective Products that is covered by this limited warranty and condition. Any repaired or replaced Product will be warranted for the remainder of the original Warranty Period or thirty (30) days following delivery thereof, whichever is longer.
WARRANTY AND CONDITIONS DISCLAIMER
EXCEPT FOR THE EXPRESS WARRANTY AND CONDITIONS SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIA AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, CONDITIONS OR GUARANTEES REGARDING THE HARDWARE PRODUCT, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY, ARISING BY OPERATION OF LAW, OR AS A RESULT OF USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIA AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, CONDITIONS OR WARRANTIES AND CONDITIONS OTHERWISE ARISING BY OPERATION OF LAW, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU ACKNOWLEDGES AND AGREES THAT THE PRODUCTS OF VIA HAVE NOT BEEN DESIGNED, TESTED, OR MANUFACTURED FOR USE OR RESALE IN APPLICATIONS WHERE THE FAILURE, MALFUNCTION, OR ANY INACCURACY OF THE PRODUCTS CARRIES A RISK OF DEATH OR SERIOUS BODILY INJURY OR ENVIRONMENTAL DAMAGE, INCLUDING, BUT NOT LIMITED TO, USE IN NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION, EMERGENCY SYSTEMS, LIFE SUPPORT SYSTEMS OR OTHER APPLICATIONS WITH A SIMILAR DEGREE OF POTENTIAL HAZARD.
All warranties implied by statute, including any implied warranty not excluded herein, are limited to the duration of the express warranty set forth above. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Software License Agreement
Software included with your Order is subject to the terms, conditions and limitations contained in the Software License Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OTHER THAN THOSE EXPESSLY STATED IN THE SOFTWARE LICENSE AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST HIDDEN DEFECTS TO THE FULLEST EXTENT PERMITTED BY LAW. VIA AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
VIA reserves the right to modify its warranties prospectively at any time, in its sole discretion.
Limitation on Liability
THE TOTAL LIABILITY OF VIA AND ITS SUPPLIERS TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO VIA BY YOU FOR THE PRODUCT(S) AT ISSUE WHICH GIVES RISE TO THE CLAIM. IN NO EVENT WILL VIA OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OR THE USE OR PERFORMANCE OF PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Compliance with the Law
You agree to comply with all applicable laws and regulations of the countries that relate to the Products or this Terms.
You agree and represent that you are buying for your own internal use only, and not for resale. VIA has separate terms and conditions governing purchase for resale.
The hardware, software, and technology provided to you are subject to the U.S. Export Administration Regulations and may be subject to similar laws, regulations, or requirements in other countries. You agree to comply with the U.S. Export Administration Regulations and such other laws, regulations, or requirements as may apply to your receipt, re-export and use of the hardware, software, and technology provided to you. This provision shall survive the termination of this Terms.
Choice of Language
You and VIA hereby confirm that it is both parties’ wish that these Terms, as well as all other documents relating hereto, have been and shall be drawn up in the English language only. The English language version of these Terms will control in all respects, and all other versions are for convenience only and are not binding.
Governing Law; Other Terms
This Terms will be governed by and construed in accordance with the laws of Taiwan, Republic of China, excluding the United Nations Convention on Contracts for the International Sale of Goods, and without regard to principles of conflicts of law. Each party consents to the exclusive jurisdiction courts of Taiwan, Republic of China; provided, VIA shall at all times have the right to commence proceedings in any other court of its choice of appropriate jurisdiction to obtain an injunction, specific performance or other equitable relief for protection of intellectual property rights.
If any provision of this Terms is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Terms.
These Terms embody the entire agreement between the parties hereto and supersede all other prior or contemporaneous agreements, whether written or oral, between the parties in connection with the ordering of Products.
You acknowledge and agree that no intellectual property rights are transferred under these Terms, and VIA and its suppliers retain all right, title, and interest in and to all patents, copyrights, trademarks, trade secrets, and all other intellectual property and proprietary rights subsisting in or related to the Products. You agree that you will not modify, reproduce, dissemble, merge or reverse engineer any Products, and will not remove or alter any tags, labels, copyright, trade secret or patent notices, trademarks, or identifying markings of VIA or its suppliers placed on any Products.
Last updated: 2015 April 8