SALEAE TERMS OF SERVICE
Throughout this Agreement, we may use big fancy lawyer words, phrases, or ancient hieroglyphics, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
- “Saleae” refers to our company, known as “Saleae, Inc.”; our Site; our Service; our mascot which is a three-legged hamster named “Saleae”; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
- “Service” refers to the services that we provide through our Site, including our Site itself;
- “Site” refers to our website, www.saleae.com;
- “User” refers to anyone who uses our Service, including customers, 17th century buccaneers, and general visitors to our Site;
3. Description of Service
We sell logic analyzers (electronic test equipment) that we design and manufacture. We sell to engineering students and professors, hobbyists, and professional engineers. Our Site also provides support for Users and allows them to download our software. The software can be used for evaluation (demo mode) or with our products, but it may not be modified, reverse-engineered, or used with unauthorized clones of our products.
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the United States, the Planet Krypton or other countries having jurisdiction over this Agreement, Saleae, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
- You must provide us with personal information and other information that we deem necessary to provide you with our Service, including but not limited to the name of your favorite type of Belgian cheese.
5. Nature of Service
Saleae is provided on an as-is, where-is basis. You agree that you are solely responsible for determining whether the use of Saleae is right for you, and to hold Saleae harmless for any loss which may arise from or relate to your use of our Service. Although our Service has not been known to cause its Users to spontaneously combust or be attacked by rabid gerbils, you assume the risk that such things as well as others may occur, no matter how improbable.
6. Rules of Use
You must not:
- Violate the laws of the United States, its states, the Roman Empire, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Saleae or its delegates. “Objectionable” shall be deemed to include anything relating to Flock of Seagulls haircuts—don’t even think of trying to revive that style.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Saleae Site, Service, or its Users’ computers.
- Use our software with clones of our products.
- Do anything else which could bring Saleae into disrepute or violate the rights of any person, or which in general constitutes being a big poopy head.
7. Payment, Refunds and Shipping
We accept payments by means of credit card, processed through the third party provider, Stripe, and PayPal. Unless otherwise stated, all prices are denominated in United States dollars (we do not accept seashells or barter until further notice).
Saleae offers a full refund, including shipping costs, for returns within 180 days of the date of purchase. We also have a 3-year replacement warranty for all our products—we will replace them at no cost regardless of the failure cause, and pay for shipping. However, you agree to release Saleae from any liability relating to any other equipment damage due to using our product (e.g., without limiting the generality of the foregoing, the USB port on your computer, your computer itself, your 1990s 56kbps external dialup modem if you are a time traveler who wishes to use our Service, etc.).
We ship via UPS, FedEx, and UPS. Availability is listed by item at the time of purchase. When an item is in stock, orders ship within 24 hours of being received by Saleae. Users receive a shipping confirmation including a tracking number when their order ships.
8. Our Copyright
Saleae’s copyright is important because it protects our content from being diminished in its uniqueness by third parties. You agree not to copy, distribute, display, disseminate, turn into papier-mâché, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
9. Your Copyright
Saleae must be assured that it has the right to use the content that is posted to its Service by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, petroglyphs, smoke signals, and other materials. Whenever submitting content to our Service, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“Saleae” and “Logic Logo” are trademarks used by us, Saleae, Inc, to uniquely identify our Site, Service, and business. The “Saleae” mark is registered with the United States Patent and Trademark Office under Registration Number 4,382,678 and thus recognized by none other than ‘merica itself as being the property of Saleae. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Service or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.
11. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you. We therefore recommend that you do not paint our logo on the Moon because if we decide to make you remove it, the cost will be astronomical.
12. Representations & Warranties
MANY CENTURIES AGO, OLD MEN IN POWDERED WIGS AND FUNNY HATS DECIDED THAT IT WOULD BE COOL TO WRITE WARRANTY TERMS IN ALL CAPITAL LETTERS LIKE WE’RE ANGRY OR EXCITED OR SOMETHING. WRITING IN ALL-CAPS DOES NOT MAKE ANYTHING OF MORE OR LESS LEGAL IMPORTANCE, BUT WHO ARE WE TO ARGUE WITH TRADITION? THIS IS OUR REPRESENTATIONS & WARRANTIES SECTION.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
OKAY, WE WILL STOP YELLING NOW.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial. In other words, if your case is the legal equivalent of the Hindenburg, we reserve the right to say “Screw it,” pay up, send you the bill, and go play ping pong instead of sitting around in court all day.
14. Choice of Law
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract are deemed to have occurred in the State of California. Sacramento is the capital of the State of California. For more information about California, please contact your local university’s faculty of Californiology.
15. Forum of Dispute
Since 2011, California no longer permits a competition of last man drumming in a hippy drum circle as an acceptable method of legal dispute resolution. Therefore, you agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of California. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the Small Claims Court of the State of California (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
16. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, peace, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, loud cats, communication disruption, zombie attacks, unavailability of payment processors, failure or shortage of infrastructure, psychotic platypuses from outer space, shortage of materials, poisonous snails, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Saleae shall have the sole right to elect which provision remains in force. We may do this by holding a high-stakes came of “Rock, Paper, Scissors” or simply decide which one Saleae likes the best.
Saleae reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
19. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
20. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. We may do this by eccentrically signing away our entire company to the first hobo who asks us for change on the way to work, or more likely, we may use this clause in the context of the sale, merger, or split of our company. However, we don’t have any plans for either giving our business to a hobo or selling it because we enjoy working with our customers too much.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time that you use our Service and your continued use of our Service shall constitute your acceptance of any such changes.
22. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Saleae must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to email@example.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: May 7, 2014