Copyright compliance
Privacy policy
Terms of use
Terms and conditions
Limited hardware warranty
Obtaining warranty service
Software license Editor Software
Software license Embedded Software

Copyright Compliance

The music on this site is made available by permission from STIM/NCB (www.stim.se) and IFPI (www.ifpi.se).

(a) Pacemaker.net has permission from STIM and IFPI to stream music, which you, as a Pacemaker.net user, is uploading on Pacemaker.net, provided STIM and/or IFPI are administrating the rights to such uploaded music.

(b) If you are uploading music created by yourself and if you are not a member of STIM or any similar performing rights society in which case section a) applies, you grant Tonium AB and Pacemaker.net permission to stream the uploaded music on the terms and conditions of the Terms of Use posted on Pacemaker.net and you also warrant that you have sufficient rights in the music to grant such rights to Tonium AB and Pacemaker.net.

Please visit the web sites of STIM (www.stim.se) and IFPI (www.ifpi.se) for information about artist and recording companies associated with such organizations.

Privacy policy

Membership in Pacemaker.net requires that Tonium AB records your name, address, date of birth (Civic Reg. No.), e-mail address, age, sex and telephone number. The purpose of this registration is primarily to prevent and facilitate the tracing of any non-approved activity. Your personal data will also be handled by us so that you will be able to use Pacemaker.net and its functions in the best possible way, so that we can provide you with information and offers from us, from other Tonium companies or our cooperation partners, and for direct marketing via e-mail or other Pacemaker.net functions.

The personal data which are stored in connection with marketing measures will be deleted within one year from the finalization of the such marketing.

Tonium AB is the entity responsible for the processing of your personal data (sv Personuppgiftsansvarig), and you should contact us if you wish to correct any of the data or if you wish to receive information about our handling of your personal data.

Tonium AB safeguards your rights as an individual. Of course, we follow the legislation and regulations which exist – e,g, in the Personal Data Act – in order to protect you personal rights. Only a limited number of persons with special authorisation have access to the information about you.

Tonium AB will not sell any of your personal data, such as your address, telephone number or e-mail address to any third party. 

It is your responsibility to ensure that correct data are submitted. This applies particularly to your age, since it is our intention never to send direct advertising to any person under the age of 16 years.

Once a year, you are entitled to request information from us free of charge relating to your personal data, and you can at any time withdraw your permission for our processing of your Civic Reg No. You also have the right to inform us in writing if you do not wish your data to be used for direct marketing.  You can also request that data are removed or changed if they are found to be inaccurate or incomplete.

From time to time, we may make changes in our Privacy Policy. If we make changes, we will post them on our site to make users aware of what the changes are, so you will always be aware of what information we collect, how we use it, and when we may disclose it. A user is bound by any minor changes to the Privacy Policy when she or he uses the site after those changes have been posted. If, however, we are going to use Members' personally identifiable information in a manner materially different from that stated at the time of collection, we will notify by posting a notice on Pacemaker.net for 30 days.

Terms of Use

This Terms of Use Agreement (the “Agreement”) is a legally binding agreement between Tonium AB, (“Tonium”, ”us”, ”our” or “we”) and you, the “Member” (you have registered an account with Pacemaker.net), governing your use of Pacemaker.net. Pacemaker.net (the “Service(s)”) is a new generation, user-friendly community portal with the “Content” (such as texts, files, messages, photos, video, images, sounds, profiles, works of authorship or any other materials) provided by its Members (sometimes herein referred to as the “Website”). The Pacemaker.net experience is an online social networking service that enables Members to create their own profile and communicate by audio, video and text chat and any other features, content or applications offered by Pacemaker.net from time to time.

By accepting the terms and conditions of this Agreement you agree to be bound by it. Of course, we only authorize the users to use the Services that are in compliance with all applicable laws and this Agreement. If you do not agree to, or cannot comply with all the terms and conditions of the agreement, you should leave Pacemaker.net and discontinue use of all connected services instantaneously.

We require you to carefully read this Agreement. If you wish to become a Member, communicate with other Members, and use the Service after having read this Agreement, you must confirm your acceptance of all the terms and conditions of the Agreement on the “sign-up” page, before proceeding with the registration process.

In addition to the Agreement, you, as a Member, and Tonium shall be bound by the terms and conditions in our Privacy Policy and all other posted guidelines, regulations and/or announcements applicable to the use of the Service, which may be posted on the Website from time to time. It is your responsibility to read and follow these rules after they have been posted.

In order to use certain Services, you may be required to download software or content and/or agree to additional terms and conditions. These additional terms and conditions will then be binding in addition to this Agreement. When you use any Service or product from us that does not have a specific agreement, this Agreement shall govern such use.

We reserve the right to modify the terms and conditions of the Agreement from time to time. If we have modified the Agreement, the amended Agreement will be posted on the Website and you will be requested to accept such amendments before continuing using the Services. It is your responsibility to be updated on the terms of this Agreement and you must therefore review the Agreement regularly for any changes. If you continue your use of the Services after any amendments to the Agreement have been posted, you will be regarded as having accepted the amendments and you are thereby bound by the Agreement as amended. If you do not agree to, or cannot comply with, all the terms and conditions of the Agreement as amended, you should leave the Pacemaker.net Website and discontinue the use of all connected services instantaneously.

You must carefully evaluate if the information that you post on the Website, and that you provide to other Members and/or visitors to Pacemaker.net, is in compliance with this Agreement as well as all applicable laws. Your profile on the Website may not contain anything that can be referred to a specific person. You may not use, copy or distribute any information regarding other Members, without their prior consent. You may not use the Services for any illegal activities, such as drug dealing, trafficking or child pornography, for uploading or distribution of illegal material, such as material protected by intellectual property rights owned by others than yourself, or material that are otherwise illegal or inappropriate for example insults due to ethnicity, sexuality, gender or other types of harassments, spreading political or religious propaganda, commercial messages, malware, files containing virus, junk mail or spam. Creating links to Internet pages containing illegal or inappropriate material is also be deemed a breach of this Agreement. Any breach of this Agreement may result in that your Service account can be terminated, and depending on the violation we will take appropriate legal action. In addition to these prohibitions, if inappropriate or illegal information is provided by Members of the Website, we will assume no responsibility or liability for such material. If you become aware of any such misuse of the Services please report this to Pacemaker.net by mailing abuse@pacemaker.net.

In order to monitor or to be able to investigate a suspected violation of the terms of this Agreement, we will have full access to your Service account. All attempts of illegal access to our systems will be dealt with by taking appropriate legal actions. The terms and conditions of the Agreement in more detail:

Eligibility

By accepting the terms and conditions of this Agreement you represent and warrant that you have the right, authority and the capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement and that your use of the Services does not violate any applicable law or regulation. If you do not agree to, or cannot comply with applicable law and all the terms and conditions of the Agreement, you should leave the Website and discontinue use of all connected services instantaneously. By using the Services you represent and warrant that you are at least 16 years old and that all registration information you submit to the Services is accurate and truthful. If you are under the age of 18, you represent and warrant that you have the permission of your parents or legal guardians to use the Service. Furthermore, you agree to maintain accuracy of the registered information. If you misrepresent your age or otherwise your right, authority and the capacity to enter into this Agreement, we may terminate your Membership and your profile may be deleted at any time without warning and without liability.

Term

This agreement shall remain in full force and effect while you are a Member of the Services provided by Tonium. You may terminate your membership for any reason and at any time in your “profile settings”. Tonium may terminate your membership at any time and without warning if we believe that you have violated any applicable law or any terms and conditions in this Agreement or in any way the spirit of the Agreement. Even after your membership is terminated all provisions of this Agreement that must survive to give effect to their meaning will remain in effect, including but is not limited to all of your warranties, representations and indemnity obligations.

Non-commercial Use

You have no right to use anything related to Pacemaker.net commercially. The Services are for the personal use of Members only (organizations, companies or other businesses may not become Members and may therefore not use the Services) and may not be used in connection with any commercial activities except those that are specifically endorsed and approved by us. You may not transfer or copy any Pacemaker.net Content (which, for the avoidance of doubt, shall mean any material which is not proprietary to you, such as, but not limited to, passwords, Member names, photographs, links, Content provided by other Members than yourself and/or any information, elements of design, technical functions and/or works of authorship provided by us as part of the Services) for use in connection with any other product or service. Collecting Member names and/or email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorized framing, inlining or linking from or to the Website are prohibited. All forms of illegal use, unauthorized use, and/or use that violates the letter or spirit of this Agreement or any other posted policies, guidelines, or announcements of the Services are prohibited. Commercial advertisements, associated links and other forms of enticements or endorsements may be removed from the Member profiles without notice and may result in termination of the Membership.

Fees

We reserve the right to charge for the Services provided and to change its fees from time to time at our discretion. If and when we charge for a Service, appropriate notification of this will be made. If your Membership is terminated because you have violated any applicable law or any of the terms and conditions in this Agreement, you shall not be entitled to any unused part of Service fees, if such exists. The Service may occasionally be shut down due to maintenance or be out of order for short periods of time without any refund of fees. Separate functions of the Service may be exchanged or removed without any obligation to refund fees.

Password

When you sign up to become a Pacemaker.net Member, you are required to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You must not use the account, username, or password of another Member or disclose your password to any third party. You agree to notify Pacemaker.net without delay if you suspect any unauthorized access to your password or use of your account. If you fail to meet these terms you may be held responsible for any and all use of your account.

Code of Conduct

* You understand and agree that we may review and delete any contents, messages, photos or profiles etc. that in our sole judgment does not comply with this Agreement, applicable law or regulation, or which might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Members and/or third parties. We will regularly monitor the Services for inappropriate and illegal Contents posted by the users. The number of Members and amount of Contents in the Services are very large, and therefore it is not possible for us to monitor all Contents posted on the Services. If illegal or inappropriate Contents escape our notice when monitoring, this is not to be seen as us approving of such Contents and we assume no responsibility or liability for any such Contents. We assume no responsibility or liability for the conduct of the Member submitting any such Contents. It is very important that you report any illegal or inappropriate Contents that you become aware of to Pacemaker.net or by mailing legal@pacemaker.net.

* You are entirely responsible for the Contents that you publish or display or in any other way make available on or through any of the Services or in any other way transfer, transmit or broadcast to other Members. Contents are not automatically reviewed by us before posted and do not necessarily reflect our opinions or policies. We are not responsible for the accuracy and reliability of the Contents or other information provided by the Members. Your use of, or reliance on any Contents is at your sole risk.

* The list below is a partial list of the kind of Contents that is illegal or prohibited to post on or through the Services and the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Note that the list cannot be made complete but should be regarded as a guideline to the spirit of what is prohibited. We reserve the right to inspect and take appropriate legal action against anyone who breaches this prohibition, including but not limited to, removing and deleting the offending Contents from the Services, terminating the Membership of the violator and reporting to the appropriate law enforcement authorities. Prohibited Content include, but are not limited to content that:

1. are offensive and promote racism, prejudice, hatred or physical harm against any individual or group;

2. exploit people in a sexual or violent manner;

3. display pornographic, sexually explicit or violent material of any kind;

4. harasses or encourage harassment of another individual or group;

5. criminal activity such as drug dealing, trafficking, child pornography, fraud, obscene material, gambling, harassment, stalking, spamming, sending of malware or harmful computer files, theft of trade secrets or intrusion of copyright or patent rights;

6. provides any street addresses, photograph of another person, telephone numbers, email addresses or any other personal information of similar kind without consent from that individual;

7. use any information from the Services in order to stalk, harass, abuse or harm another person;

8. promote information that you know is deceptive or phony or promote illegal activities or conduct that is insulting, obscene, threatening, derogatory or slanderous;

9. provide instructional information about illegal activities such as making or buying illegal weapons or fireworks or creating or distributing computer viruses, etc;

10. promote illegal or unauthorized copying of other persons’ or companies’ copyrighted work, such as providing pirated computer programs or links to such, providing information to evade copy-protect devices, or providing pirated music or video or links to pirated music- or video files;

11. contain restricted or password only access pages not linked to from another accessible page or hidden pages or images;

12. ask for passwords or personal identifying information for commercial or unlawful purposes from other users;

13. involve commercial activities and/or sales without our prior consent such as advertising, contests, barter, sweepstakes, or pyramid schemes;

14. involve the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming etc;

15. filmmaker or band profiles that uses sexually suggestive imagery or any other unjust, false or deceiving Content intended to draw traffic to the profile;

16. contact, advertise to, solicit, or sell content or services to a specific Member or other third party without their prior explicit consent;

17. covering or concealing the banner advertisements on your personal profile page or any other Pacemaker.net page;

18. contain political or religious propaganda;

19. any automated use of the Service, such as using scripts to add friends;

20. interfering with, disrupting or creating an undue burden on the Services or the networks or services connected to the Services;

21. pretending to be another Member or person;

22. using the account of another Member or disclosing or transferring your password to any third party or allowing any third party to have access to your account; or

23. using the Services in a way that intentionally or unintentionally violates any applicable local, national or international law or regulation.

Proprietary Rights in Contents in the Pacemaker.net Services

* By displaying or publishing any Content on or through the services provided by us, you grant to us a fully-paid, non-exclusive, and royalty-free, worldwide license to use, modify copy, translate, adapt, publicly display, publicly perform, transmit, transfer, broadcast, reproduce, store and distribute such Contents on and through the Services or in media that are partners to us. This license will come to an end at the time you remove such Content from the Services and following your notification to Pacemaker.net. Regardless of this, a residual or back-up copy of the Content posted may remain on the servers after you have removed the Content from the Services, and we maintain the rights to those copies. You warrant and represent that you own the Content posted by you or otherwise have the right to grant the above described license. Furthermore, you warrant and represent that the posting of your Content on or through the Services does not violate the copyrights, publicity rights, contract rights, privacy rights or any other rights of any person or company. You agree to pay for all fees, royalties and any other duty owed to any person or company by reason of any Content posted by you to or through the Services.

* The Services contain Pacemaker.net Contents belonging to, or which is licensed to, us which are protected by intellectual property right laws and regulations and/or other laws. We reserve all rights in and to the Pacemaker.net Contents and the Services. We hereby grant you a revocable, limited, non sub-licensable license to display and reproduce the Pacemaker.net Contents exclusively for your personal use in connection with using the Services and viewing the Website. The license does not include any software code or other similar content.

* The Services contain Contents from Members and other Pacemaker.net licensors. You are prohibited to copy, display, publish, distribute, broadcast or in any other way forward or sell any Contents appearing on or through the Services if the Contents is not provided by you.

Copyright Policy

We do not endorse or tolerate actions or activities that violate the owner’s intellectual property rights. You may not display or publish or in any other way modify, post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information that does not belong to you without the prior written consent of the owner. We are entitled to terminate Membership privileges of any Member who violates the copyright of others when notified by the copyright owner or its representative. If you are a copyright owner, or representative of such, and you believe that any Content on the Services infringe your copyright, we advise you to notify our customer support.

Member Disputes

You are solely responsible for your interactions with other Pacemaker.net Members, whether on- or offline.

Privacy

Use of the Website and Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

Subject to limitations in applicable mandatory consumer protection law, if any, the following shall apply: The Services is provided “AS IS”. Any use of the Service is at your own risk. We do not guarantee or promise any specific results from use of the Services. We make no warranty or represent that the Service will be free from loss, destruction, damage or security breaches and we disclaims any liability relating to this. We are not responsible for any inaccurate or incorrect Content posted on the Services, whether caused by Members or by any of the equipment or programming associated with or used in the Services. We are not responsible for the Content on websites linked to in the profiles created or otherwise posted by Members. Furthermore, these linked websites are not monitored by us and we are not liable for these websites and when you enter into these third-party websites you do so at your own risk. Enclosure of any linked website on the Services does not imply consent or approval of the linked website by us. We take no responsibility for the goods or services provided by its advertisers. You acknowledge that your interactions with Members, other individuals, and/or organizations found on or through the Service, including payment and delivery of goods or services, and any other terms, warranties, representations or conditions, associated with such dealings, are solely between you and such Members, individuals, and/or organizations. Under no circumstances shall we be held liable for any error, omission, interruption, deletion, loss, corruption, defect, delay, theft, destruction, unauthorized access to, or alteration of communications, or any other delay or failure in performance. Without limiting the foregoing, we shall not be held liable for any problem, technical malfunction, or failure of the Internet or any telecommunications equipment, network, or line, computer online system, server or provider, computer or other equipment, email, media player, or other software or hardware whether resulting from technical problems, traffic congestion on the Internet or at any website or combination of this or any other reason. Under no circumstances shall we be responsible for any loss or damage to any person's computer related to or resulting from participation in or downloading of materials in connection with the Services or other loss or damage resulting from use of the Services, from any Contents posted on or through the Services or from the conduct of any Member, whether on- or offline.

Limitation of Liability

Subject to limitations in applicable mandatory consumer protection law, if any, we will under no circumstances be liable to you or any third party for more than the amount paid by you to us, regardless of the form of the action.

Governing law and disputes

This Agreement shall be governed by Swedish law, without regard to its principles of conflict of laws. Any dispute, claim or controversy arising out of or in connection with this Agreement shall be settled in the District Court of Stockholm (Stockholms Tingsrätt).

Indemnity

You agree to indemnify and hold us and our agents, partners and employees, harmless from any loss, liability, claim or demand, including without limitation reasonable attorneys' fees, costs and expenses, that is made by any third party due to, arising out of or relating to your use of the Services, any content that you upload, your use of Content accessed from the Website or Service, your violation of this Agreement and/or any breach of your representations and warranties set forth above and/or your violation of any third-party rights.

Notices

We may provide you with notices, including but is not limited to, notices regarding changes to this Agreement, by mail, email or postings on the Service. The notices will become effective immediately, if not specifically stated otherwise.

Miscellaneous

This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Any failure of ours to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is unlawful, void or unenforceable due to national law, that provision is deemed separable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If you breach this Agreement and cause us harm, you acknowledge that you are liable to financially compensate us for the harm caused.

Contact us. If you any questions about this Terms of Use Agreement, please contact us at customersupport@tonium.com

I HAVE CAREFULLY READ THIS AGREEMENT AND I AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Terms & conditions

1. About these Terms and Conditions

1.1 These terms and conditions (the “Terms”) governs 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 agree 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 Products.

“Tonium Web Store Site” means the Tonium web site for customers, the web address of which is 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 Products 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 this 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 Store Site which 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, e-mail, web or other media provided by Tonium for the Products.

“Support”

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 e-mail.

3.2 Tonium can only accept Orders and deliver to addresses in the following countries: UK, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Madeira, Portugal, Spain, Sweden, Netherlands, Bulgaria, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Northern Ireland, Poland, Romania, Slovak Republic, Slovenia, Lichtenstein, Norway, Switzerland, Australia, New Zealand, Japan, USA and Canada. 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 Store Site available at URL www.pacemaker.net from time to time. Tonium will not accept Orders placed in any way other than described on the Web Store 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 e-mail. 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 Products 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 Store 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 on 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 reserve 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, your 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 billing 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 or 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 contactTonium 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 stand alone product are 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 form part of and are incorporated into these Terms by reference is available at the URL 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 carries 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 which 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 claims should first be made either 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 of the supply of the Products or provision of Support.

9.2 Except as set out at 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 telephone on +44 (0) 203 024 9291 between 09:00 and 17:00 Mondays to Fridays;
* by e-mail at Tonium 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’ property. When a refund is given, Customer’s product becomes Tonium’ 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 the Tonium web site at http://www.Pacemaker.net/Support and follow the described procedure. Customer must follow Tonium’s warranty processes

6. 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.

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’, 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 the online website: www.Pacemaker.net to access the Forum, FAQs and Pacemaker Operating 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 or by phone +44 (0) 203 024 9291 between 09.00 and 17.00 CET. Initial check will be done at this stage, and if considered eligible for warranty, a prepaid way bill will be issued. This way bill will then be used by you to arrange for a courier pickup. 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 occured 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.

8. 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 Pacemaker or other hardware product in which the Tonium Software is embedded.

9. 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.

10 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,

11. 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.

12. 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. 

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