Item 12 - Early Literacy Station Tablets

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© 2017 AWE Acquisition, Inc. All Rights Reserved.Confidential & Proprietary 2501 Seaport Drive, Suite # 410 SH • Chester • Pennsylvania, 19013 Phone (610) 833-6400 • Fax (610) 833-6440 • Email: orders@awelearning.com • www.awelearning.com THANK YOU FOR YOUR BUSINESSf!Terms and Conditions General: These Terms and Conditions are incorporated by reference into each Quotation or Purchase Agreement with an invoice to Custome r, and form part of a legally binding agreement between Customer and AWE Acquisition, Inc. (“AWE”), which are referred to herein as either “Terms and Conditions” or this “Agreement.” Customer agrees to these Terms and Conditions by 1) entering into a Purchase Agreement with AWE; 2) accepting delivery of and/or using the material or service provided by AWE to Customer; or 3) downloading, installing or using any software or content provided to you by AWE. These Terms and Conditions are subject to change without prior notice. Invoicing and Payment: AWE will invoice Customer for all AWE learning products and related accessories when they are shipped to the Customer. AWE will invoice Customer for subscription and renewal products including all ELF™products and Platinum Online when activated. All invoices are sent via e - mail unless Customer provides a written request for a hardcopy. Emailed invoices are binding as a paper invoice even if a paper invoice is requested. Customer agrees to make payment for the full invoice amount due to AWE according to the invoice to Customer within 15 days of the invoice date (“Due Date”). Any payment received after the Due Date is considered past due (“Past Due”). Returns and Exchanges: Customer has thirty (30) calendar days to return or exchange a hardware item from the date it was received. Only items that have been purchased directly from AWE can be returned or exchanged. To return or exchange an item to AWE, Customer must first email support@awelearning.com to request a return merchandise authorization (RMA) number. All returned items must be repackaged in their original packaging with all cords, adaptors, and documentation that were included with the original shipment. Partial returns will not be accepted.All returns must be received by AWE within twenty (20) calendar days from the RMA issuance date. A restocking fee of 15% (of the purchase price) will be charged to Customer for all returns and exchanges. Customer is responsible for all applicable return shipping and packaging costs.AWE Learning will provide a return shipping label; associated costs will be deducted from your order refund for return postage.No returns or exchanges are accepted on ELF Child- Safe Browser™,ELF Reading & Reference™,or Platinum Online subscription licenses. Delinquent Payment: The Customer agrees to pay interest on all Past Due amounts at the lesser of 1.5% per month or the highest rate allowed by law. In the event legal action is required to collect any amount due, Customer also agrees to pay collection costs and attorney’s fees incurred by AWE in a successful collection effort. AWE may suspend services, suspend further shipment of product(s) and/or terminate the Agreement in the event that Customer fails to make full payment within thirty (30) days after receiving notice of delinquency. Notice of delinquency may be sent via email or hard copy. Termination of the Agreement shall not alter Customer’s obligation to make full payment under this Agreement. End User Rights Granted: Access to and use of ELF™, Platinum Online and other software, and all other information, administrative tools, and documentation that may be included in or with AWE products (the "Content") are non-exclusively licensed, and not sold, to Customer, without the right to grant sublicenses, re-sell, distribute or otherwise commercially exploit. During the term of this license and any subsequent license renewals (the "License Period"), AWE grants the Customer the right only to use the Content as an End User. Customer shall not copy in whole or in part (except for back-up purposes only), reproduce, modify, adapt, translate, auction, loan, lease, assign or transfer the Content, or create der ivative works based upon the Content. The ELF Child-Safe Browser™or ELF Reading & Reference™is licensed for the number of building licenses granted by this Agreement. The Platinum Online Service includes one master account and a number of concurrent logins as set forth on the Purchase Quotation. AWE defines a building or location license as a maximum of 500 active installations distributed from a discrete Customer location. Customer obtains no right, title or interest to any intellectual property owned by AWE or residing in the Content. Any unauthorized use by Customer of the Content shall immediately and automatically terminate the license granted herein. Limited Warranty on Hardware:Hardware warranties are an extension of, and limited to, the OEM warranty. AWE warrants that hardware products and accessories sold by AWE will be free against defects in materials and workmanship when used normally during the warranty period.Warranty periods vary by product. The Warranty does not cover defects or problems resulting from: (i) External causes such as accident, abuse,misuse, or electrical power problems; (ii) Servicing not authorized by AWE; (iii) Usage not in accordance with product instructions; (iv) Improper or unauthorized maintenance or modification; or (v) Usage of accessories, parts, or components not supplied or supported by AWE. This Limited Warranty does not cover any Products for which AWE has not received payment. Warranty, Upgrade and Services Period on Bundled Products:AWE bundled hardware and software desktop products (“AWE Learning Stations”) include a three-year limited warranty period, periodic software upgrades, and On -line Services from the date of shipment. AWE will noti fy customer periodically of software upgrade as they become available. AWE bundled hardware and software tablet products (“AWE Tablets”) include a two-year limited warranty, no software upgrades, and On-Line services from the date of shipment. AWE’s limited warranty on AWE Learning Stations and AWE Tablets is limited to the computer, software, keyboard, and mouse. Headphones include a 90-day limited warranty. Other optional accessories do not include a warranty. Optional Extended Warranty, Upgrade and Services Period:Extended warranty, upgrade, and services are available for purchase for year four and five on eligible hardware and software products and accessories (not available on Platinum Online Service). Warranty, upgrade, and service periods must run consecutively (e.g., a year five extension may not be purchased without the purchase of a year four extension) and cannot exceed five years from the original date of shipment. Each one-year warranty, upgrade, and service extension will entitle Customer to all software updates during the extension period to the extent a software upgrade is released. AWE will notify Customer periodically of software upgrades as they becom e available. Customer is responsible for informing AWE of any changes to Customer’s contact information and for scheduling and coordinating software u pgrade installations. Optional Accidental Damage Warranty: Optional accidental damage warranty is available for purchase on eligible AWE Tablets. Accidental damage warranty provides coverage for certain physical loss or damage not covered by the limited hardware warranty as specified herein.AWE agrees to repair or replace tablet products covered under the accidental damage warranty during the coverage period for any physical loss or damage caused by: i) Accidental liquid spill in or on the tablet; ii) Accidental damage to the tablet due to unintentional drop or collision; or i ii)Physical damage caused by any power surge. Accidental damage warranty does not cover physical loss or damage caused by: i) Damage due to being submerged in liquid or due to fire, flood, or other acts of nature; ii) Intentional damage; iii) Normal wear and tear; iv) Cosmetic damage; or iv) Theft or loss.AWE’s liability is limited in the aggregate to the total purchase price of the tablet as evidenced in a valid purchase invoice. AWE may at its discretion decide to repair or replace the damaged item with items similar or equivalent to the original purchased item. There is a limit of only one claim per registered serial number. On-line Services:On-line services include Customer access to AWE’s customer web portal, Customer account management, usage tracking, and all on - line reporting and dashboard facilities (“On-line Services”). AWE maintains the right to disable On-line Services for Customer products whose warranty, upgrade, and services period has expired and/or whose contractual subscription has ended or been terminated.