1. Warranty. Cattura Video warrants Products that it manufactures and resells against defects in materials and workmanship for a period of two years from the day of delivery to the original purchaser, if Cattura Video receives notice of such defects during the warranty period. Cattura Video, at its option, will repair or replace products that prove to be defective. Cattura Video manufactures its hardware products from parts and components that are new or equivalent to new in accordance with industry standard practices. In order to receive warranty support, you must provide proof of the product’s purchase date and proof that you are the original purchaser.
2. Third-Party Products. If Cattura Video supplies a third-party product to you, then this warranty does apply to such products.
3. Warranty Service. Cattura Video will test, repair, or replace the product or products without charge if the unit is under warranty. If the product is out of warranty, Cattura Video will test, then repair the product or products. The parts and labor charge will be estimated by a technician and confirmed by the Customer prior to repair. All components must be returned for testing as a complete unit. Cattura Video will not accept responsibility for shipment after it has left the premises.
4. Shipping. Customer is responsible for shipping charges to send defective product under warranty to Cattura Video. Extra charges associated with priority shipping, when requested, will be the responsibility of Customer.
5. Exclusions. The above warranty shall not apply to defects resulting from:
5.1. improper or inadequate maintenance by the Customer, water or moisture damage, Customer-applied software or interfacing, unauthorized modifications or misuse, mishandling, operation outside the normal environmental specifications for the product, use of the incorrect, modified or extended power supply or improper site operation and maintenance;
5.2. damage by negligence, accident, act of God, mishandling;
5.3. failure to operate the Appliance and Audio & Visual Equipment in accordance with the procedures described in the operating and technical instructions.
5.4. adaptations or accessories other than those manufactured or provided by Cattura Video that have been made or attached to the Product, which in the reasonable determination of Cattura, shall have affected the performance, safety of reliability of the Product; nor will the above warranty apply to any third-party products supplied by Cattura Video, or to Products that have been altered or repaired by other than Cattura Video or an authorized service representative, or to Product having an original serial number that has been modified or removed.
6. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, CATTURA VIDEO MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
7. CATTURA VIDEO CANNOT GUARANTEE THAT EVERY QUESTION OR PROBLEM RAISED BY CUSTOMER WILL BE RESOLVABLE OR RESOLVED IN THE TARGET TIME PERIODS. CATTURA VIDEO MAKES, AND CUSTOMER RECEIVES, NO OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING IN ANY WAY OUT OF, RELATED TO, OR UNDER THIS AGREEMENT OR THE PROVISION OF MATERIALS OR SERVICES THEREUNDER, AND CATTURA VIDEO SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. CATTURA VIDEO DOES NOT REPRESENT OR WARRANT THAT ALL DEFECTS (LATENT OR OTHERWISE) CAN BE FOUND AND CORRECTED, ALTHOUGH CATTURA VIDEO WILL USE ITS COMMERCIALLY REASONABLE EFFORTS TO DO SO COMMENSURATE WITH THE TERM OF THIS AGREEMENT.
1. Support. Cattura Video will provide problem resolution services for the CaptureCast™ Appliance, Audio & Video equipment, and related Appliance Software, including: 24/7/365 access to the Cattura Video online support portal for authorized FAQ, user guides, training modules, documentation and general community portal tools. To aid our efforts in protecting the environment, we will only provide a link to our support portal to seek all supported material.
2. Support Times. During Cattura Video’s Business Days, Cattura Video will respond to your technical support requests within 24 business hours after initial contact, unless a different response time is provided in the Purchase Order. For warranty support, we will respond within 24 business hours of the initial service call during business days. “Business days” means Monday – Friday, 9:00 a.m. to 6:00 p.m. Central Standard Time, excluding national observed holidays.
3. Support Contact.
Mail: 5711 Northwest Parkway, Suite 200, San Antonio, Texas 78249
Support Portal: http://support.catturavideo.com
4. Support Delivery. Support Services will only be provided remotely from Cattura Video via Cattura Video’s support portal, or by phone or Internet. Support services will be provided in the English language. Onsite support is subject to Cattura Video resource availability and professional services fees, and the tasks performed may vary based on the situation, environment, and business impact of the problem.
5. Product Repair. If you would like to return a product to us for non-warranty repair, contact us first. You may not return a product to us without a return merchandise authorization (RMA). Shipping, handling, repair, restocking and other fees may apply.
6. Software Upgrades. The Appliance Server Software comes with a support tool to check for the latest software and firmware updates. If required, the Cattura support will ask to run an upgrade to solve certain support issues.
7. Training. For products installed by Cattura Video, Cattura Video will provide an initial training session to include hands-on operation and basic maintenance. All employees are encouraged to attend this user training session. Additional remote web-based training can be scheduled with a Cattura Video support engineer up to 3 times on an annual basis. Any training beyond those three sessions will incur a fee. You can view training modules and user guides on our support site support.catturavideo.com
8. Customer Responsibilities. You must reasonably cooperate with Cattura Video’s problem resolution activities, including by providing remote access to Cattura Video. Cattura Video’s support services under this agreement may depend on your timely cooperation with Cattura Video, and your failure to timely cooperate with such requests may result in the delay or inability in problem resolution. You are responsible for implementing procedures necessary to safeguard the integrity and security of software and data from unauthorized access and for reconstructing any lost or altered files resulting from catastrophic failures. You must also obtain all consents, licenses or other rights from third parties that have licensed or otherwise provided confidential or Confidential Information to you as may be necessary for Cattura Video to perform the support services without incurring any liability to such third parties.
9. Term. The Support Services will begin on the Delivery Date of the Software for which Support Services have been purchased, and, unless earlier terminated as provided herein, will continue for the time period set forth in the Proposal (the “Services Term”).
10. Termination. Cattura Video may terminate the Support Services with respect to each Product for which Support Services have been purchased: (i) automatically without notice and simultaneously if and when the license for such Software expires or is terminated; or (ii) if Customer breaches a material provision of this Agreement, and fails to cure such breach within thirty (30) days of notice of such. Upon termination, the due date of all outstanding payments due Cattura Video hereunder will automatically be accelerated so that such payments become due and payable on the effective date of termination, even if longer terms had been previously granted or allowed. This section shall survive expiration or termination of the support services.
11. Support Services Warranty. Cattura Video warrants that it will perform Support Services in a professional and workmanlike manner (“Services Warranty”). If Cattura Video breaches the foregoing warranty, then customer’s sole remedy will be (i) to have Cattura Video re-perform such services; or (ii) if Cattura Video elects not to re-perform such services, or cannot cure the breach, to have Cattura Video refund amounts actually paid by customer to Cattura Video for such services as depreciated on a straight-line 12-month basis. The foregoing remedies constitute Cattura Video’s sole liability and customer’s exclusive remedy for breach of the Services Warranty.
12. Disclaimer. CATTURA VIDEO CANNOT GUARANTEE THAT EVERY QUESTION OR PROBLEM RAISED BY CUSTOMER WILL BE RESOLVABLE OR RESOLVED IN THE TARGET TIME PERIODS. CATTURA VIDEO MAKES, AND CUSTOMER RECEIVES, NO OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING IN ANY WAY OUT OF, RELATED TO, OR UNDER THIS AGREEMENT OR THE PROVISION OF MATERIALS OR SERVICES THEREUNDER, AND CATTURA VIDEO SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. CATTURA VIDEO DOES NOT REPRESENT OR WARRANT THAT ALL DEFECTS (LATENT OR OTHERWISE) CAN BE FOUND AND CORRECTED, ALTHOUGH CATTURA VIDEO WILL USE ITS COMMERCIALLY REASONABLE EFFORTS TO DO SO COMMENSURATE WITH THE TERM OF THIS AGREEMENT.
13. Customer. Customer represents and warrants to Cattura Video that, with respect to confidential or proprietary materials which Customer has licensed or otherwise obtained from third parties, Customer has obtained or will obtain all licenses and authorizations necessary to permit Cattura Video to perform its obligations under this Agreement without incurring any liability to such third parties. Customer further represents and warrants that it is the rightful owner or authorized licensee of all Software supported under this Agreement.
14. Limited License. Customer hereby grants to Cattura Video a limited, nonexclusive, nontransferable, royalty-free, paid-up license to use, modify and or create derivative works of (as applicable) Customer’s materials, data and confidential information for the sole purpose of permitting Cattura Video to perform its obligations hereunder. Such limited license will terminate upon the earlier of (a) Cattura Video’s completion of the relevant support services or (b) termination of this Agreement. Customer hereby further grants to Cattura Video a perpetual, worldwide, paid-up, irrevocable, non-exclusive right to use comments, suggestions and feedback from Customer or its third-party service providers (“Feedback”) and to disclose, describe and make available for comment any Incident and its resolution on Cattura Video’s online forums and website; provided, however, that Cattura Video will obtain Customer’s prior written approval before disclosing any Customer confidential or Confidential Information, using Customer’s name or logo or specifically identifying Customer’s products or services in connection therewith.