Terms & Conditions

Product license agreement

By using the Product you are deemed to have accepted and comply with the Terms and Conditions set out below. If you do not agree with any of these terms or condition, you should not use the Product.

Terms and Conditions:

1. Definitions

bluechiip means bluechiip Limited, with its registered office situated at 1 Dalmore Drive, Scoresby Victoria 3179 Australia.

Product means bluechiip’s proprietary MEMS based tracking technology comprising a reader that interrogates and decodes information from tags, being memory devices containing bluechiip’s MEMS technology.
Software means any operating system, utility or applications software in machine‑readable, object, printed or interpreted form and either incorporated within or with the Product, or separately supplied, including related documentation and includes all media on which such software is contained, ancillary equipment, accessories, spares, supplies, design boards and/or kits, including any incorporated and/or accompanying software, components and documentation purchased by or otherwise provided to the end‑user.

2. Use of the Product and the Software
You may use the Product in accordance with the instructions for use. You may use the Software on any single computer, provided that the Software is in use on only the number of computers you are licensed to use. The software is “in use” on a computer when it is loaded into the temporary memory (RAM) or installed into the permanent memory (hard disk) of that computer. The Product should not be used for tracking samples or specimens intended for human consumption. You may not: (i) make, or have made, any form of copy, whether digital, printed, photographic or otherwise, of the Product, except insofar as such Product may be incorporated by you into on‑screen or printed material, nor (ii) place, or have placed the Product on an electronic bulletin board or other form of on‑line service, (iii) reverse engineer, decompile or disassemble or otherwise attempt to discover the source code of the Product, nor (iv) modify, adapt, translate, rent, lease, loan or create derivative works from the Product.

3. Representations
The Software is not authorized for use in production. If the Product is a demonstration system, the demonstration system may be used by you solely for your prototype, design and testing purposes. Such demonstration system may not be offered for sale or lease or sold, leased or otherwise distributed and must be accompanied by a conspicuous notice as follows: “This device is not, and may not be, offered for sale or lease, or sold or leased or otherwise distributed”. bluechiip has not authorized anyone to make any representation or warranty for, or to incur any liability with respect to, the Product nor for the Software, and any technical, applications or design information or advice, quality characterization, reliability data or other services provided by bluechiip shall not constitute any representation or warranty by bluechiip or alter this disclaimer of warranty, and no additional obligations or liabilities shall arise from bluechiip’s providing such information or services.

4. Intellectual Property Rights
The Product, including the Software, and the accompanying written materials are copyrighted and are proprietary products of bluechiip. Title in, including all intellectual property rights subsisting in the Product, related documentation and all copies thereof remain with bluechiip and/or its licensors at all times. The Software is protected by copyright law and international treaty provisions. You may not remove the copyright notices from the Software. You agree to prevent any unauthorized copying of the Software and related documentation.

5. Term
This License shall continue for as long as you use the Product, except that it will terminate if you fail to comply with any term or condition of this Agreement.

6. Product Warranty
bluechiip warrants that the original Product will be free from defects in materials and workmanship, assuming normal use, for a period of twelve (12) months from your date of receipt. If a defect occurs, return it to bluechiip’s registered office within thirty (30) days of delivery (time being of the essence), and it will be replaced free of charge. bluechiip shall be entitled to inspect the Product within a reasonable time following delivery to it of alleged defective Product. If the Buyer shall fail to comply with these provisions the Product shall be presumed to be free from any defect or damage. bluechiip’s entire and exclusive liability and remedy shall be limited to either, at bluechiip’s option, repair or replacement of the Product that does not meet bluechiip’s limited warranty or refund of the license fee you paid for the Product with a dated proof of purchase.

7. Limitation of Liability
Except for the expressed warranty set forth above and to the fullest extent permitted by law, bluechiip grants no other warranties, express or implied, including as to non‑infringement of third party rights, nor for merchantability, or fitness for any particular purpose in relation to the Product or the Software. No oral or written information or advice given by bluechiip, its resellers, agents, or employees shall create a warranty. bluechiip will not be liable for any damages, including any loss of profits, or other incidental or consequential damages, arising out of your use or inability to use the Product or written material, even if bluechiip has been advised of the possibility of such damages. bluechiip’s total liability for any loss or damage to or arising from use of the Product shall not exceed the amount paid to bluechiip therefor.

8. General
These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia. The waiver by either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different provision. If any term of this license becomes or is declared to be invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such condition shall not affect the validity or enforceability of any of the remaining terms which remain in full force and effect.
Software License Agreement

By using the Product you are deemed to have accepted and comply with the Terms and Conditions set out below. If you do not agree with any of these terms or condition, you should not use the Product.
Terms and Conditions

1. Definitions
bluechiip means bluechiip Limited, with its registered office situated at 1 Dalmore Drive, Scoresby Victoria 3179 Australia.

Product means bluechiip’s proprietary MEMS based tracking technology comprising a reader that interrogates and decodes information from tags, being memory devices containing bluechiip’s MEMS technology.

Software means any operating system, utility or applications software in machine‑readable, object, printed or interpreted form and either incorporated within or with the Product, or separately supplied, including related documentation and includes all media on which such software is contained, ancillary equipment, accessories, spares, supplies, design boards and/or kits, including any incorporated and/or accompanying software, components and documentation purchased by or otherwise provided to the end‑user.

2. Use of the Software
You may use the Software in accordance with the instructions for use. You may use the Software on any single computer, provided that the Software is in use on only the number of computers you are licensed to use. The software is “in use” on a computer when it is loaded into the temporary memory (RAM) or installed into the permanent memory (hard disk) of that computer. You may not: (i) make, or have made, any form of copy, whether digital, printed, photographic or otherwise, of the Software, except insofar as such Software may be incorporated by you into on‑screen or printed material, nor (ii) place, or have placed the Software on an electronic bulletin board or other form of on‑line service, (iii) reverse engineer, decompile or disassemble or otherwise attempt to discover the source code of the Software, nor (iv) modify, adapt, translate, rent, lease, loan or create derivative works from the Software.

3. Representations
The Software is not authorised for use in production systems, and may not be offered for sale or lease, or sold, leased or otherwise distributed. If the Software is a demonstration system, the demonstration system may be used by you solely for your prototype, design and testing purposes. Such demonstration system may not be offered for sale or lease or sold, leased or otherwise distributed and must be accompanied by a conspicuous notice as follows: “This device is not, and may not be, offered for sale or lease, or sold or leased or otherwise distributed”. bluechiip has not authorised anyone to make any representation or warranty for, or to incur any liability with respect to, the Software, and any technical, applications or design information or advice, quality characterisation, reliability data or other services provided by bluechiip shall not constitute any representation or warranty by bluechiip or alter this disclaimer of warranty, and no additional obligations or liabilities shall arise from bluechiip’s providing such information or services.

4. Intellectual Property Rights
The Software, and the accompanying written materials are proprietary products of bluechiip in which copyright subsists. Title in, including all intellectual property rights subsisting in the Software, related documentation and all copies thereof remain with bluechiip and/or its licensors at all times. The Software is protected by copyright law and international treaty provisions. You may not remove the copyright notices from the Software. You agree to prevent any unauthorised copying of the Software and related documentation.

5. Term
This License shall continue for as long as you use the Software, except that it will terminate if you fail to comply with any term or condition of this Agreement.

7. Warranty
bluechiip warrants that the original media which the Software is recorded will be free from defects in materials and workmanship, assuming normal use, for a period of ninety (90) days from your date of receipt. If a defect occurs, return it to bluechiip’s registered office within twelve (12) months of delivery (time being of the essence), and it will be replaced free of charge. bluechiip shall be entitled to inspect the Software within a reasonable time following delivery to it of alleged defective Software. If the Buyer shall fail to comply with these provisions the Software shall be presumed to be free from any defect or damage. bluechiip’s entire and exclusive liability and remedy shall be limited to either, at bluechiip’s option, repair or replacement of the Software that does not meet bluechiip’s limited warranty or refund of the license fee you paid for the Software with a dated proof of purchase.

8. Limitation of Liability
Except for the expressed warranty set forth above and to the fullest extent permitted by law, bluechiip grants no other warranties, express or implied, including as to non‑infringement of third party rights, nor for merchantability, or fitness for any particular purpose in relation to the Software. No oral or written information or advice given by bluechiip, its resellers, agents, or employees shall create a warranty. bluechiip will not be liable for any damages, including any loss of profits, or other incidental or consequential damages, arising out of your use or inability to use the Software or written material, even if bluechiip has been advised of the possibility of such damages. bluechiip’s total liability for any loss or damage to or arising from use of the Software shall not exceed the amount paid to bluechiip therefor.

9. General
These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia. The waiver by either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different provision. If any term of this license becomes or is declared to be invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such condition shall not affect the validity or enforceability of any of the remaining terms which remain in full force and effect.

Further Information

Repairs of this product may require the use of bluechiip proprietary parts (and/or bluechiip proprietary information). Please contact your bluechiip account manager or the local bluechiip Customer Service representative in your area for further details.

bluechiip Ltd and the bluechiip Ltd logo are trademarks or registered trademarks of bluechiip Ltd in various countries. All other product or service names are the property of their respective owners. © 2013 bluechiip Ltd. All rights reserved.

For system, product or services availability and specific information within your country, please contact bluechiip Ltd. Specifications are subject to change without notice.

bluechiip Ltd
1 Dalmore Drive
Scoresby, Victoria, 3179
Australia
info@bluechiip.com
www.bluechiip.com