Legal

Terms and conditions

1. About these Terms and Conditions

1.1 These terms and conditions (the “Terms”) govern the agreement between Tonium AB and you, the Customer. The Terms together with your Order Confirmation and Order Confirmation by Tonium constitute the agreement between Tonium and you for the supply of Products and provision of Support.
1.2 No other terms and conditions shall apply. The Terms cannot be varied unless Tonium agrees to vary it in writing or by email.
1.3 The Terms are intended to comply with all of your statutory rights as a Consumer. However, in the event that any in consistency with Consumer statutory rights, mandatory statutory rights will take priority over the Terms.

2. Defined Terms

In these terms and conditions:
“Tonium” means Tonium AB, a Swedish corporation.
“You” or “Customer” means the individual or corporation purchasing the Product(s).
“Tonium Web Site” means the Tonium web site for customers, at www.pacemaker.net
“Terms” means these terms and conditions together with your Order Confirmation and Tonium’s Order Confirmation.
“Consumer” means an individual who buys or agrees to buy Product(s) from Tonium for private use according to applicable consumer legislation.
“Export Laws” means all laws, regulations and orders of the European Union, United States and Sweden applicable to the export, re-export, transfer or resale of Products.
“Hardware” means any Tonium-branded Product which is not Software.
“Order” means an order placed by you in accordance with these Terms.
“Order Confirmation” means the order confirmation issued by Tonium to you indicating acceptance of your Order.
"Product" means any product listed on the Tonium Web Site that Tonium agrees to supply to you on these Terms.
“Software” means any Product which is software including without limitation operating systems, bundled software, stand alone software and downloadable software.
"Order Number" means the order number issued by Tonium to you in the Order Confirmation.
“Tonium License Agreement” means the license agreement governing the Tonium Software, in effect from time to time.
“Support” means any support by telephone, email, web or other media provided by Tonium for the Products.

3. Orders

3.1 To place an Order you must be 18 years of age or over and be accessible by non cellular telephone and email.
3.2 Tonium can only accept Orders and deliver to addresses in certain territories of the world due to Type Approvals and certifications. These territories may differ depending on the chosen product(s). Orders and deliveries will not be possible for residents outside these territories.
3.3 You may place an Order by the methods of ordering as may be displayed on the Tonium Web Site available at www.pacemaker.net from time to time. Tonium will not accept Orders placed in any way other than described on the Web Site.
3.4 By placing an Order, you make an offer to Tonium to purchase the Products you have selected on these Terms. Tonium may or may not accept your offer at Tonium’s discretion.
3.5 If Tonium accepts your Order, Tonium will notify you of Tonium’s acceptance by issuing an Order Confirmation and sending such Order Confirmation to you by email. It is recommended that you review the Order Confirmation and notify Tonium immediately of any discrepancies that are noticed. The Order Confirmation constitutes a binding agreement according to these Terms. Order Confirmation is effective on sending. If Tonium cannot accept your Order, Tonium will notify you by email.
3.6 Your order is subject to cancellation by Tonium, at Tonium's sole discretion. Tonium is not responsible for pricing or other errors, in any offer by Tonium and reserves the right to cancel any orders resulting from such errors.

4. Prices and Payment

4.1 The price for the Product(s) will be the price indicated on your Order Confirmation.
4.2 VAT and delivery costs are payable by you at the applicable rate and amount as indicated on your Order Confirmation. You must pay in the currency as indicated on your Order Confirmation.
4.3 You may pay for your Products by the methods of payment as may be displayed on the payment paragraph of the Tonium Web Site from time to time. Terms of payment are within Tonium's sole discretion, and unless otherwise agreed to by Tonium, payment must be received by Tonium prior to Tonium's delivery of the Product. Tonium may suspend delivery of Product or Service until full payment is received.
4.4 If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your Order Confirmation or upon shipment of your Products. Tonium will not supply the Products to you until your credit card issuer has authorized the use of your card for payment of the Products ordered. Tonium reserves the right to verify the identity of the credit card holder by requesting appropriate documentation.
4.5 If you are making a pre-booking of a Product pursuant to any Tonium specific offer, you are, upon making your first down payment pursuant to such offering, authorizing Tonium to charge you the remaining full price for such offering upon delivery of the Product included in such offering. If not otherwise explicitly stated in the offering, pre-booking fees and part payments are considered a binding obligation on you to fulfill the purchase and pay the full price.

5. Delivery of Your Products

5.1 Tonium will deliver the Products to you at the shipping address indicated on your Order Confirmation.
5.2 The delivery date specified in the Order Confirmation is an estimate. While Tonium will make every reasonable effort to supply you with the Products listed on the Order Confirmation, there may be occasions where Tonium, for example due to product or components shortages, is unable to supply Products. If the estimated delivery date cannot be met and the revised delivery date will exceed 90 days from the original date of order then you may cancel the order without charge and obtain a full refund.
5.3 Title and risk of loss to your Products will pass to you on delivery of the Products.

6. Right to Return the Products

6.1 If you are a Consumer and not satisfied with any Product you have purchased from Tonium, you may return the Product to us and obtain a refund of the price of the returned if you contact us within 14 calendar days of delivery of the Product. Notification shall be made to the contact address stated below in section 10. Cancellation is contingent on you returning the Product in its original condition, unused and undamaged.
6.2 For transport of the Product to Tonium upon cancellation please contact Tonium support to get instructions.
6.3 On cancellation of the Order Tonium will refund the price paid, less transportation charges, within a period of 30 days from date of your return of the Product as described above in section 6.2. You must also return all accessories, in box warranties and other material supplied together with the original packaging of the Product unless informed otherwise.

7. Software License

All Software whether embedded in the Tonium Products or delivered to you as a standalone product is licensed to you on the terms and conditions of the applicable Tonium License Agreement. These license agreements are shipped with the Software or are provided when the Software is downloaded in accordance with applicable terms for such download. The Tonium Software License, which forms part of and is incorporated into these Terms by reference is available at www.pacemaker.net/legal. You should read and accept such license terms before completing your purchase.

8. Limited Warranty

8.1 All new Hardware Products carry the Tonium one-year limited warranty against defects in materials and workmanship. The warranty terms and conditions, which form part of and are incorporated into these Terms by reference, are available at; Limited hardware warranty. You should read and accept such warranty terms before completing your purchase.
8.2 The warranty terms and conditions are also contained with your Tonium Product. Such a limited warranty covers Tonium Hardware only; it does not cover Software or any other products.
8.3 The Tonium Software is delivered “as is” without any warranty. You should refer to the relevant Tonium Software Licenses as stated in section 7 above for terms that apply to the Tonium Software.
8.4 For non Tonium-branded Products (including non Tonium branded products contained in product bundles or promotions), all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claim should first be made directly to the manufacturer.
8.5 IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR MANDATORY STATUTORY RIGHTS.

9. Tonium’s Liability

9.1 These terms and conditions set out the full extent of Tonium’s obligations and liabilities in respect to the supply of the Products or provision of Support.
9.2 Except as set out in paragraph 9.3 below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Products or provision of Support.
9.3 Any warranty, condition or other term arising out of or in connection with the supply of Products or Support which might otherwise be implied into or incorporated in the Terms by statute, common law, laws applicable in the country where you purchased the Products (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
9.4 Nothing in the Terms shall limit or exclude Tonium’s liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
9.5 Subject to clause 9.4 we will not be liable under the Terms for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Further, Tonium’s maximum aggregate liability under the Terms whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to Tonium in respect of the Product(s) in question.
9.6 This does not affect your mandatory statutory rights as a Consumer.

10. Contacting Tonium

You can contact Tonium by email at support.eng@pacemaker.net.
When contacting us you must quote your Order Number.

11. Export Control

Upon entering into this agreement, you agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export license or other governmental approval is required, without first obtaining all necessary licenses or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.

12. Data Protection

By placing your Order, you agree and understand that we may store, process and use data collected from your web Order form or telephone Order for the purposes of processing your Order. Please note that we may also share such data globally within the Tonium group of companies and that Tonium work with other companies that help Tonium provide products and services to you.

13. Circumstances beyond our reasonable control

Tonium will make every effort to perform our obligations under the Terms. However, Tonium cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.

14. General Terms and Governing Law and Jurisdiction

14.1 These Terms are to be interpreted in accordance with Swedish Law but may in case you are a Consumer be subject to the mandatory consumer legislation in the country where you are a resident.
14.2 Neither Tonium’s failure or your failure to enforce any term of the Terms constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
14.3 The invalidity or unenforceability of any provision of the Terms shall not adversely affect the validity or enforceability of the remaining provisions.

Limited hardware warranty

FOR CONSUMERS, WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS OR EXCLUSIONS DESCRIBED BELOW MAY NOT APPLY TO YOU.

1. Tonium warrants to the end-user Customer this hardware product against defects in materials and workmanship for a period of one (1) year after the date of the original purchase from Tonium or from a channel authorized by Tonium, provided the hardware product is unused at the time of purchase.
2. If a defect exists, at its option Tonium will (a) repair the product at no charge, using new or refurbished replacement parts, (b) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or (c) refund the purchase price of the product.
3. A replacement product assumes the remaining warranty of the original product or 90 days, whichever provides longer coverage for the Customer. When a product or part is exchanged, any replacement item becomes the Customer’s property and the replaced item becomes Tonium’s property. When a refund is given, Customer’s product becomes Tonium’s property.
4. The Limited Warranty does not apply to any non-Tonium hardware product or any software, even if packaged or sold with the Tonium hardware. Manufacturers, suppliers, or publishers, other than Tonium, may provide their own warranties to the end user purchaser, but Tonium, in so far as permitted by law, provides their products “as is”. Software distributed by Tonium with or without the Tonium brand name (including, but not limited to system software) is not covered under this Limited Warranty. Refer to the licensing agreement accompanying the software for details of rights with respect to Tonium software use. Tonium does not warrant that the operation of the product will be uninterrupted or error-free. Tonium is not responsible for damage arising from failure to follow instructions relating to the product’s use.
5. Please access and review the online help resources referred to in the documentation accompanying this Tonium hardware product before seeking warranty service. To obtain warranty coverage Customer shall visit www.pacemaker.net/support and follow the described procedure. Customer must follow Tonium’s warranty processes
6. It is the responsibility of the Customer to keep a separate backup copy of the system software, application software and data, and disable any security passwords. Customer is responsible for reinstalling all such software, data and passwords. Data recovery is not included in the warranty service and Tonium is not responsible for data that may be lost or damaged during transit or a repair.
7. This Tonium Limited Hardware Warranty applies only to hardware products manufactured by or for Tonium that can be identified by the “Tonium” trademark, trade name, or logo affixed to them. Tonium’s, Limited Hardware Warranty does not apply to any non-Tonium hardware products or any software, even if packaged or sold with Tonium hardware. Non-Tonium manufacturers, suppliers, or publishers may provide their own warranties.
8. This warranty does not apply: (a) to damage caused by accident, abuse, misuse, misapplication; (b) to damage caused by service (including upgrades and expansions) performed by anyone who is not an Tonium Authorized Service Provider; (c) to a product or a part that has been modified without the written permission of Tonium; or (d) if any Tonium serial number has been removed or defaced.
9. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, TONIUM SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF TONIUM CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY AND TO THE REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY TONIUM IN ITS SOLE DISCRETION. No Tonium reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, TONIUM IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE TONIUM PRODUCT, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. TONIUM DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA.

Obtaining warranty service

Before asking for warranty service, please visit www.pacemaker.net to access the FAQ and Pacemaker User’s Manual. Here you will find online help and guidance on how to operate and troubleshoot your product. If the product is still not functioning properly after making use of these resources, please follow the warranty process below. You must follow Tonium’s warranty processes to be sure to enjoy full warranty service.

Tonium kindly asks you to contact Pacemaker Customer Support Centre (”CSC”) at support.eng@pacemaker.net. Initial check will be done at this stage, and if considered eligible for warranty, transportation of the Product(s) will be arranged between Tonium CSC and you. Upon arrival at CSC, further investigation will be made to make certain that warranty applies. CSC may contact you for further information about your experienced problem. If the warranty applies, Tonium will send you a new or refurbished replacement product. Received product serial number may then differ from the product serial number turned in.

Response times may vary according to occurred fault and country of collection. Tonium may use customer information obtained in this process for future information purposes.

It is the responsibility of Customer to keep a separate backup copy of the system software, application software and data, and disable any security passwords. Customer is responsible for reinstalling all such software, data and passwords. Data recovery is not included in the warranty service and Tonium is not responsible for data that may be lost or damaged during transit or a repair.

Your product will be returned to you configured as originally purchased, subject to applicable updates.

Software license Editor software

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING AND USING THE SOFTWARE. BY DOWNLOADING AND USING THE SOFTWARE, LICENSEE IS AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

1. Parties

This Software License and Proprietary Rights Statement (“License”) is entered into between Tonium AB, (“Tonium”) and the individual licensing the Tonium Software (“Licensee”).

2. Proprietary Rights

All Tonium software products, whether downloaded from the Tonium website, or delivered on CD-ROM or other media, including all related manuals and documentation and any update and/or upgrades provided by Tonium (collectively the “Tonium Software”) are proprietary to Tonium and Tonium’s licensors and Tonium and Tonium’s licensors, reserves all right, title, and interest in and to such Tonium Software not explicitly licensed herein, including without limitation all copyrights, patents, and other proprietary rights. The terms of this License will govern any updates and/or upgrades provided to Licensee by Tonium unless such update/upgrade is provide under a separate license agreement in which case such license will apply.

3. License Grant

This License allows Licensee to install and use the Tonium Software. The Tonium Software may not be copied, except for (1) back-up copy in machine-readable form, provided such copy are used for back-up only and provided all copyright information contained on the original is included in the copy.

4. Restrictions

The Tonium Software may only be used to reproduce audio files and other material (“Materials”) as long as such use is limited to reproduction of non-copyrighted Materials, Materials in which Licensee owns the copyright or Materials Licensee is authorized or legally permitted to reproduce. The Tonium Software may further not be made available over a network where it could be used on multiple computers at the same time. Except as expressly permitted by mandatory applicable law and this Licensee, Licensee agrees not to copy, modify, decompile, reverse engineer, disassemble, or otherwise discover, the Tonium Software, in whole or part. Licensee may further not rent, lease, sublicense, assign or transfer Licensee’s rights in the Tonium Software, or authorize all or any portion of the Tonium Software to be copied onto another user's hardware devise. Licensee shall not remove or obscure any copyright notices or proprietary legends contained within the Tonium Software.

5. Consent to Use Data

Licensee agrees that Tonium and Tonium's affiliates may collect and use technical data and information, audio files and other related information from Licensee’s computer on which the Tonium Software is stored and/or embedded, that is compiled periodically to facilitate the provision of the Tonium website, support and other services available to Licensee from time to time, for free or for a charge. Tonium may also use this information as long as it does not personally identify Licensee or otherwise infringe on any personal integrity legislation applicable for the protection of Licensee, for the purpose of improving the Tonium products or to provide services or technology to Licensee. Tonium shall further have the right to use such information to verify Licensee’s compliance with the terms of this License and any other agreement between Tonium and Licensee.

6. No Warranty

The TONIUM Software is provided “as is” and without warranty of any kind and TONIUM and TONIUM’s licensor(s) (for the purposes of Sections 6 and 7, TONIUM and TONIUM’s licensor(s) shall be collectively referred to as “TONIUM”) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TONIUM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TONIUM SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, OR THAT THE OPERATION OF THE TONIUM SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE TONIUM SOFTWARE WILL BE CORRECTED. FURTHERMORE, TONIUM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TONIUM SOFTWARE OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TONIUM OR AN TONIUM AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE TONIUM SOFTWARE PROVE DEFECTIVE, LICENSEE ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE LICENSE FEES FOR THE TONIUM SOFTWARE REFLECT THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEES IN SUCH JURISDICTIONS. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING TONIUM PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS.

7. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TONIUM BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE NOR SHALL TONIUM BE LIABLE FOR ANY LOSS OF DATA, BUSINESS INTERRUPTION OR ANY COMMERCIAL DAMAGES OR LOSSES EVEN IF TONIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY IN SUCH JURISDICTIONS. In no event shall Tonium’s total liability for all damages exceed the amount Licensee paid for the Tonium Software.

8. Non-Tonium Software

All Non-Tonium software products are provided under the terms and conditions of the software license agreement (if any) from such software provider applicable to such Non-Tonium software. If no license agreement is provided Non-Tonium software is provided with the same limitation of liability as the Tonium Software.

9. Export

The Tonium Software, including technical data, is subject to Swedish and/or local export control laws, including but not limited to U.S. Export Control Regulations and thereto related laws, and may be subject to export or import regulations. Licensee agrees to comply strictly with all such regulations.

10. Term and Termination

This License is effective until terminated. This License will terminate automatically without notice from Tonium if Licensee fails to comply with any of the term(s) of this License. Upon termination Licensee shall immediately cease to use the Tonium Software. No repayment of license fees paid in advance will be made.

11. Governing Law

This License shall be governed by the laws of Sweden excluding it conflict of law provisions. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

Software license Embedded Software

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, LICENSEE IS AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

1. Parties

This Software License (“License”) is entered into between Tonium AB, (“Tonium”) and the individual licensing the Tonium Software (“Licensee”).

2. Proprietary Rights

All Tonium software products embedded in the Pacemaker, in ROMs or other hardware or delivered on CD-ROM or other media, including all related manuals and documentation and any update and/or upgrades provided by Tonium (collectively the “Tonium Software”) are proprietary to Tonium and Tonium’s licensors and Tonium and Tonium’s licensors, reserves all right, title, and interest in and to such Tonium Software not explicitly licensed herein, including without limitation all copyrights, patents, and other proprietary rights. The terms of this License will govern any updates and/or upgrades provided to Licensee by Tonium unless such update/upgrade is provide under a separate license agreement in which case such license will apply.

3. License Grant

Licensee may use the Tonium Software contained in or embedded with the Tonium Pacemaker or other hardware product solely with the related hardware product. With respect to updates and/or upgrades that may be made available by Tonium for download, such updates/upgrades may only be downloaded on the hardware devise on which the original Tonium Software was contained or embedded.

4. Restrictions

The Tonium Software may only be used to reproduce audio files and other material (“Materials”) as long as such use is limited to reproduction of non-copyrighted Materials, Materials in which Licensee owns the copyright or Materials Licensee is authorized or legally permitted to reproduce. No embedded Tonium Software may be separated from any hardware products as shipped by Tonium or made available over a network where it could be used on multiple devises at the same time. Except as expressly permitted by mandatory applicable law and this Licensee, Licensee agrees not to copy, modify, decompile, reverse engineer, disassemble, or otherwise discover, the Tonium Software, in whole or part. Licensee may further not rent, lease, sublicense, assign or transfer Licensee’s rights in the Tonium Software, or authorize all or any portion of the Tonium Software to be copied onto another user's hardware devise. Licensee shall not remove or obscure any copyright notices or proprietary legends contained within the Tonium Software.

5. Consent to Use Data

Licensee agrees that Tonium and Tonium’s affiliates may collect and use technical data and information, audio files and other related information from Licensee’s computer on which the Tonium Software is stored and/or embedded, that is compiled periodically to facilitate the provision of the Tonium website, support and other services available to Licensee from time to time, for free or for a charge. Tonium may also use this information as long as it does not personally identify Licensee or otherwise infringe on any personal integrity legislation applicable for the protection of Licensee, for the purpose of improving the Tonium products or to provide services or technology to Licensee. Tonium shall further have the right to use such information to verify Licensee’s compliance with the terms of this License and any other agreement between Tonium and Licensee.

6. Transfer

Notwithstanding section 4, Licensee may make a one-time permanent transfer of all of Licensee’s right pursuant to this License to another person or legal entity in connection with Licensee’s transfer of ownership on the hardware devise on which the Tonium Software is embedded, provided that: (a) Licensee also transfer (i) this License, and (ii) the Tonium Software and all other software and hardware bundled or pre-installed with the Tonium Software, including all copies, updates and prior versions, to such person or entity, (b) Licensee retain no copies, including backups and copies stored on a hardware devise, and (c) the receiving party accepts the terms and conditions of this License and any other terms and conditions upon which Licensee legally purchased a license to the Tonium Software.

7. No Warranty

The TONIUM Software is provided “as is” and without warranty of any kind and TONIUM and TONIUM’s licensor(s) (for the purposes of Sections 7 and 8, TONIUM and TONIUM’s licensor(s) shall be collectively referred to as “TONIUM”) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TONIUM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TONIUM SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, OR THAT THE OPERATION OF THE TONIUM SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE TONIUM SOFTWARE WILL BE CORRECTED. FURTHERMORE, TONIUM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TONIUM SOFTWARE OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TONIUM OR AN TONIUM AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE TONIUM SOFTWARE PROVE DEFECTIVE, LICENSEE ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE LICENSE FEES FOR THE TONIUM SOFTWARE REFLECT THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEES IN SUCH JURISDICTIONS. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING TONIUM PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS.

Pacemaker ®

Legal

Terms and conditions

1. About these Terms and Conditions

2. Defined Terms

3. Orders

4. Prices and Payment

5. Delivery of Your Products

6. Right to Return the Products

7. Software License

8. Limited Warranty

9. Tonium’s Liability

10. Contacting Tonium

11. Export Control

12. Data Protection

13. Circumstances beyond our reasonable control

14. General Terms and Governing Law and Jurisdiction

Limited hardware warranty

Obtaining warranty service

Software license Editor software

1. Parties

2. Proprietary Rights

3. License Grant

4. Restrictions

5. Consent to Use Data

6. No Warranty

7. Limitation of Liability

8. Non-Tonium Software

9. Export

10. Term and Termination

11. Governing Law

Software license Embedded Software

1. Parties

2. Proprietary Rights

3. License Grant

4. Restrictions

5. Consent to Use Data

6. Transfer

7. No Warranty

8. Limitation of Liability

9. Non-Tonium Software

10 Export

11. Term and Termination

12. Governing Law

Products

Where to buy

Support

Pacemaker at

Bookmark and Share