Auraphoto Terms & Conditions

Auraphoto Terms & Conditions2018-12-06T05:23:49+00:00

STANDARD TERMS AND CONDITIONS

  1. CONTINUING BIOSENSOR AND SOFTWARE WARRANTY
    1. Subject to the limitations, exclusions and disclaimers set forth below, Progen Aura Imaging (“Progen”) warrants that the biofeedback Aura Imaging Interactive unit, which includes a dongle key (the “Progen Unit”) and any computer software that is a part of the WinAura System (the “Software”) purchased from Progen or a Progen authorized distributor will be free from defects in material or workmanship. The warranty period shall continue for each Progen Unit and any Software for up to two years following the original purchase date. If a “limited use” dongle key has been purchased as part of the WinAura System, then the warranty described above will extend for so long as the original owner continues to purchase refills at the then-current price and available quantities for the dongle key at least once per each two-year anniversary of the original purchase date of the WinAura System; however, this extended warranty shall cease as of the date Progen ceases to sell dongle key refills. Progen at any time may change the required purchases of “limited use” dongle keys that must be purchased to continue this warranty. This warranty may be exercised only by an original purchaser of the Progen Unit and Software from Progen who has completed the required warranty information provided by Progen with the Progen Unit or available at www.auraphoto.com/warranty by the date required.
    2. If, during the warranty period, the Progen Unit or Software is defective in material or workmanship, Progen, at its option, will repair the defective product or software or replace the defective product with a new or remanufactured functionally equivalent product of equal value or with software that is comparable. If the item is to be shipped within the United States (U.S.), Progen will ship by U.S. ground mail. If the item is to be shipped outside of the United States, Progen will ship by a method of its choosing. Customer shall pay all shipping costs.
    3. THIS WARRANTY SETS FORTH PROGEN’S MAXIMUM LIABILITY FOR WINAURA SYSTEMS. THIS WARRANTY EXTENDS ONLY TO PROGEN UNITS AND SOFTWARE PURCHASED FROM PROGEN OR AN PROGEN AUTHORIZED DISTRIBUTOR. Progen shall have no further obligation under the foregoing Warranty if the Progen Unit or Software has been damaged due to abuse, improper ventilation, fire, water, disaster, shipping, acts of nature, misuse, neglect, smoke exposure (cigarette or otherwise), accident, unusual physical or electrical stress and/or power surges, unauthorized modifications, tampering, alterations, service other than by Progen or a Progen authorized distributor, or failure caused other than from ordinary use or failure to properly use the Progen Unit. This Warranty excludes cleaning, repair, or replacement of any component of the Progen Unit due to cosmetic damage and damage as a result of normal wear.
    4. This Warranty does not cover any part of the WinAura System other than the Progen Unit and Software. Any other products or components included with the WinAura System are subject to the warranty, if any, of their respective manufacturers. Progen shall have no obligation to repair, replace, or exchange products manufactured by others.
    5. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ANY OTHER WARRANTIES. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
    6. YOU ACKNOWLEDGE AND AGREE THAT THE CONSIDERATION PAID BY YOU FOR THE WINAURA SYSTEM DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY PROGEN OF THE RISK OF YOUR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL PROGEN BE LIABLE TO ANYONE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, DIRECT OR INDIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF REVENUE, PROFITS, USE OR OTHER ECONOVIC ADVANTAGE), ARISING FROM BREACH OF WARRANTY OR BREACH OF CONTRACT, OR NEGLIGENCE, OR ANY OTHER LEGAL CAUSE OF ACTION ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT. The maximum liability of Progen to any person in connection with the WinAura System, whether such liability arises from any claim based on breach or repudiation of contract, breach of warranty, tort, or otherwise, shall in no case exceed the price paid by you for the WinAura System.
    7. Where applicable state or national law prohibits the exclusion or limitation of liability, Progen excludes or limits its liability to the maximum extent permitted by state or national law. Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so that above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary, from state to state and country to country
    8. No agent, representative, or distributor of Progen has any authority to alter the terms of this Warranty in any way. This Warranty may be altered only in writing by an authorized officer of Progen.
    9. If you think your Progen Unit needs repair or service under this Warranty, you should contact the distributor who sold you the WinAura System. You will need to present to the distributor the bill of sale or invoice for the Progen Unit that needs repair or service.
    10. If the distributor is unable to resolve the problem, you should contact Progen’s customer service at 800-321-2872. If the repair or service of the Progen Unit is covered by this Warranty, a Progen technician will complete and send to you a Return Merchandise Agreement (RMA). Once you have received the RMA, you should send at your expense the RMA, your original bill of sale or invoice for the Progen Unit, and the Progen Unit to Progen at the address listed at the end of this Agreement. To be eligible for repair or replacement, the WinAura System must be packaged in such a way as to reasonably protect it from possible shipping damage. It is highly recommended that you specify the problem in detail and call Progen with the tracking number of the package for faster service and delivery.
  2. PROGEN SINGLE SOFTWARE USER LICENSE AGREEMENT
    1. LICENSE: Progen (“we” or “us”) grants you a non-exclusive license to use the Software in accordance with the terms of this License. The copyright and all other rights in the Software and any related materials shall remain with us. This license may only be transferred to a person who possesses the WinAura System and purchased it from the original purchaser or a successorowner.
    2. YOU MAY
      1. Use one copy of the Software on any single computer, provided that the Software is in use on only one computer at any time. The Software is “in use” on a computer when it is loaded into the temporary memory or installed in the permanent memory of that computer.
      2. Make one additional copy of the computer programs for archive or back-up purposes. You must reproduce any copyright or other notice marked on the Software on any copy you make.
    3. YOU MAY NOT
      1. Copy the Software or the written materials accompanying the Software except as permitted by this License.
      2. Translate, reverse, engineer, decompile or disassemble the Software.
      3. Rent, lease, assign or transfer the Software, except as permitted in Section II.A.
      4. Modify the computer program or merge all or any part into another program.
      5. Place the Software onto a server that it is accessible via a public network such as the Internet.
    4. TERM: This License shall continue for as long as you use the Software. However, it will terminate if you fail to comply with any of its term or conditions, including without limitation payment of all amounts due. You agree, upon termination, to destroy all copies of the Software. To access the Software, you might need to register on-line with us initially and on a quarterly basis.
    5. RESTRICTED RIGHTS: This Software is provided with restricted rights. Use, duplication, or disclosure by the Government is subject to the restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or in subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, or their equivalents, as applicable.
    6. EXPORT RESTRICTIONS: The Software provided hereunder are subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledge that you have the responsibility to obtain all licenses required to export, re-export, or import the Software.
  3. SOFTWARE SUPPORT
    1. Progen will provide to you any updates or fixes to the version of the Software that came with the WinAura System you purchased for free. If Progen upgrades its Software, it will offer for purchase any upgrades that may be used with the version of the WinAura System covered by this Warranty.
    2. For so long as Progen continues to support that version of the Software that came with the WinAura System you purchased, and for at least one year following the date of your purchase of the WinAura System, Progen shall provide support and service for the WinAura System, which consists of: software replacement CDs and technical support via phone, email and remote desktop; however, if Progen stops supporting the Software version that came with the WinAura System you purchased less than one year after the date of your purchase, it shall provide you with comparable software that Progen supports.
  4. TRADEMARKS AND MODIFICATIONS
    1. It is contemplated that you will provide to your customers content from the WinAura System that contains the mark “Progen” and all other trademarks now or later adopted by Progen for use in or with the WinAura System (collectively, the “Mark”). You shall only use or distribute the content in conformance with the proper use of the WinAura System. You shall not in any way modify the Mark, including without limitation the color, size, font, and placement of the Mark. You acknowledge and agree that: (i) there is great value in the good will associated with the Marks and that Progen is the sole and exclusive owner of the Marks and the good will symbolized by the Marks; (ii) any and all use of the Marks by you shall inure to the benefit of Progen; (iii) you shall not contest Progen=s ownership of the Mark and shall not file any applications for registration of the Mark or any similar marks in the United States Patent and Trademark Office, any State of the United States, or any other jurisdiction throughout the world; (iv) you shall not oppose any application by Progen for registration of the Marks, and shall not seek to cancel or institute concurrent use proceedings in the United States Patent and Trademark Office or in any other jurisdiction throughout the world with respect to any applications or registrations for the Marks by Progen; (vi) all rights in the Marks are reserved to Progen for its own use and benefit.
    2. You agree not to make any modifications, replacements, additions or improvements to the WinAura System (including the content of the Software) other than as agreed to in writing by Progen. If you replace, modify, improve, or add to the WinAura System (including the content of the Software) or the marketing and sales materials for the WinAura System, or translate any of the foregoing, you agree that (i) you shall only use these replacements, improvements, modifications, additions or translations so long as you own the WinAura System, and (ii) Progen may use the replacements, improvements, modifications, additions and translations without charge and may permit others to use them with or without charge. You hereby irrevocably assign to Progen all of your rights, including without limitation all intellectual property rights, to any such replacements, modifications, improvements, additions and translations. In addition, you agree to cooperate with Progen in applying for, registering or defending any intellectual property right assigned herein.
  5. GENERAL
    1. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the Agreement between you and Progen and that it supersedes any other agreement or discussions, oral or written and may not be changed except by a writing signed by Progen. You hereby represent and warrant that you have not been given any information contrary to this Agreement by Progen or by its distributor. These terms and conditions and any other agreements between you and Progen shall be governed by and construed in accordance with the laws of the State of California in the United States, as if performed wholly within the state and without giving effect to the principles of conflict of laws. The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English
    2. Any claim or controversy arising out of or relating to the negotiation, performance or breach of these terms and conditions or any other agreements between you and Progen, the meaning of or obligations imposed by any of these agreements or the arbitrability of any such question, including any issue as to the jurisdiction of the arbitrator, shall be decided by arbitration in Los Angeles County, California, in front of a single retired judge through JAMS, or, in its absence, any similar organization providing the arbitration services of retired judges. The decision of the arbitrator with respect to any issues submitted for determination shall be final and binding upon you and Progen. You and Progen waive and release any claim for punitive damages, and the arbitrator shall not have the authority to award punitive damages. The arbitrator shall have no authority to modify the terms of the agreements between you and Progen or to grant a remedy excluded by the agreements or not otherwise provided by law.
    3. In the event of any arbitration or litigation brought to enforce or interpret the terms of these terms and conditions or any other agreement between you and Progen, or arising out of its negotiation, performance or subject matter, the party who prevails shall be entitled to recover its attorneys fees and costs, including those incurred at trial, in any bankruptcy or other proceeding, on appeal and in enforcing any judgment, as determined by the arbitrator or court.
    4. Should you have any questions concerning this Agreement, you may contact by writing: Progen Aura Imaging, 116 Stambaugh St, Redwood City, CA. 94063

info@auraphoto.com

1-650-261-0190

1-800-321-2872

11620 Wilshire Blvd Floor 9,
Los Angeles, CA 90025

Contact Us

Thank you for your interest in our products and services. We look forward to serving your needs. If you have any questions feel free to contact us at either:

You may also regular-mail,
call or fax us at our address below:

11620 Wilshire Blvd Floor 9, Los Angeles, CA 90025

1-800-321-2872

Contact Us

Thank you for your interest in our products and services. We look forward to serving your needs. If you have any questions, feel free to contact us at either:

You may also regular-mail,
call or fax us at our address below:

11620 Wilshire Blvd Floor 9, Los Angeles, CA 90025

1-800-321-2872

info@auraphoto.com

1-650-261-0190

1-800-321-2872

11620 Wilshire Blvd Floor 9,
Los Angeles, CA 90025