Electronic signature solutions for wherever business takes you.

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Warranty Statements
Authorized Reseller Program
Standard Terms and Conditions

Privacy and Confidentiality Agreement
Cookies and Tracking Technology
Children and Privacy
Third Party Sites
Privacy Policy Changes
Questions/Suggestions
Use of Site/Copyright Notice
Use of Software
Links to Other Websites
Site Information/Disclaimer
Limitation of Liability
Trademarks
Patents

TOPAZ SYSTEMS INC. LIMITED WARRANTY

For more information, view the "Limited Warranty" section of Topaz's Standard Terms and Conditions of Sale.


TOPAZ SYSTEMS INC. NON-WARRANTY REPAIR AND SERVICE

NON-WARRANTY REPAIRS ARE AVAILABLE TO THE ORIGINAL PURCHASER (END-USER) ONLY.  PLEASE CONTACT TOPAZ DIRECTLY FOR ALL NON-WARRANTY REPAIRS AND SERVICE.

*MODELS COVERED BY 1-YEAR LIMITED WARRANTY INCLUDE ALL "COMBO" MODELS THAT INCLUDE FINGERPRINT, MSR, OR OTHER FUNCTIONS, AND ALL WIRELESS MODELS. MODELS COVERED BY A 2-YEAR LIMITED WARRANTY INCLUDE SIGLITE MODELS 1X5, LCD 1X5, LCD 4X3, AND COLOR 4.3. MODELS COVERED BY A LIMITED 3-YEAR WARRANTY INCLUDE SIGNATUREGEM MODELS 1X5, 4X5, LCD1X5, LCD4X3, LCD4X5, COLOR 5.7, CLIPGEM, KIOSKGEM MODELS. IF YOU HAVE A QUESTION ABOUT WARRANTY COVERAGE, PLEASE CONTACT THE FACTORY OR A FACTORY AUTHORIZED DISTRIBUTOR OR RESELLER.


DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, TOPAZ DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE, EXCEPT OF TITLE, OR PATENT INFRINGEMENT, AND EXCEPT THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THE WARRANTIES EXPRESSED HEREIN , AND TOPAZ AND YOUR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR THE PRODUCT IN QUESTION. NEITHER YOU NOR TOPAZ IS LIABLE TO THE OTHER FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION, OR RESTRICTION UNDER APPLICABLE LAW. NEITHER PARTY IS LIABLE IF THE PARTY IS UNABLE TO PERFORM DUE TO EVENTS OUTSIDE OF THE PARTY'S CONTROL, FOR EXAMPLE SUCH AS ACTS OF GOD.

YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

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AUTHORIZED RESELLER PROGRAM GUIDELINES

Click here to read

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STANDARD TERMS AND CONDITIONS OF SALE

Click here to read

TERMS OF USE FOR THIS WEB SITE:

Your access and use of this website ("Site") is subject to the following terms and conditions ("Terms and Conditions"). If you do not agree to these Terms and Conditions, please do not use the Site. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates, and you must immediately destroy any downloaded or printed materials. Topaz Systems, Inc. reserves the right to change these Terms and Conditions without notice. Your use of the Site is subject to the most current version of the Terms and Conditions posted on the Site at the time of such use.

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PRIVACY AND CONFIDENTIALITY AGREEMENT

Topaz respects your privacy and is committed to protect the personal, corporate, design, use, application, and technical information that you share with us. Generally, you can browse through our Site without giving us any information about yourself. When we do need your personal information to provide services that you request or when you choose to provide us with your personal information, this policy describes how we collect and use your personal information. This policy applies to the relationship between you and Topaz regardless of whether the information was gathered on this Site, was obtained via contact with any Topaz reseller, distributor, or partner, or was obtained over the phone, via e-mail, during a personal visit, or by any other means.

Topaz may collect personal or company information when you register with Topaz, when you purchase or use Topaz products or services, when you contact us or participate in an online survey, when you contact tech support, sales, a Topaz reseller or distributor, or when you ask to be included in an email or other mailing list. Topaz may provide your information to a qualified reseller or distributor for the purpose of meeting your needs as a customer or potential customer of Topaz. THIS PRIVACY AND CONFIDENTIALITY AGREEMENT between you and Topaz prevents us from providing information to any third party other than a qualified Topaz reseller, distributor, or sales associate without your express written consent. Similarly, only bona-fide customers, potential customers or partners of Topaz are allowed to use the Topaz Website. If you are a competitor, potential competitor, or intend to provide information obtained from this site to a Topaz competitor, you are not authorized to use this Site.

Access to certain Topaz web pages and downloads require you to enter information about you, your company, and a Topaz product serial number. Topaz reserves the right to deny access to such web pages or downloads if the information you provide appears to be deceptive, incomplete, or does not reference a valid phone number or e-mail address associated with a business domain. The use of those web pages, downloaded software, or examples is at your own risk and is not provided with any warranty covering fitness for use or whatsoever by Topaz.

We give you the opportunity to "opt out" of receiving direct marketing or market research information. This means we assume you have given us your consent to collect and use your information in accordance with this Policy unless you take affirmative action to indicate that you do not consent, for instance by clicking or checking the appropriate option or box at the point of collection. In some cases, when applicable, we will provide you with the opportunity to "opt in." This means we will require your affirmative action to indicate your consent before we use your information for purposes other than the purpose for which it was submitted.


COOKIES AND TRACKING TECHNOLOGY

A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. At the present time, cookies are not used with the Topaz Site. When you browse our Site, you do so anonymously. We don't automatically collect personal information, including your email address. Our Site Server may log your IP address (the Internet address of your computer) as is standard practice in industry today. But we do not link your IP address to any personal information unless you have logged in to our Site.

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CHILDREN AND PRIVACY

Our Websites do not target and are not intended to attract children under the age of 13. Topaz does not knowingly solicit personal information from children under the age of 13 or send them requests for personal information.

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THIRD PARTY SITES

Topaz's Website contains links to other sites. Should you decide to link to any site from the Topaz Website, Topaz is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.

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PRIVACY POLICY CHANGES

Topaz will amend this policy from time to time. If we make any substantial changes in the way we use your personal information, we will make that information available by posting a notice on this site.

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QUESTIONS OR SUGGESTIONS

If you have questions or concerns about our collection, use, or disclosure of your personal information, please email us at legal@topazsystems.com

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USE OF SITE/COPYRIGHT NOTICE


Topaz Systems, Inc. owns or licenses all materials on this Site ("Materials"). The Materials are copyrighted and/or trademarked, and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may view and download the Materials for commercial use, provided that you retain all copyright and other proprietary notices contained in the Materials or on any copies of the Materials. You may not change the Materials in any way or reproduce, publicly display, distribute, or otherwise use them for any public or commercial purpose without the express written permission of Topaz Systems.

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USE OF SOFTWARE

Any software that is available on this Site ("Software") is the copyrighted work of Topaz Systems, Inc. and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software.

Without limiting the foregoing, the software is warranted, if at all, only according to the terms of a separate license agreement accompanying the software. Except as warranted in such license agreement, Topaz Systems, Inc., disclaims all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, to the maximum extent permitted by law.

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LINKS TO OTHER WEBSITES

Links to other websites are provided solely as a convenience to you. Topaz Systems, Inc. does not endorse such sites and is not responsible for their content. If you decide to access any of the sites linked to this Site, you do so entirely at your own risk.

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SITE INFORMATION AND DISCLAIMER


Site information regarding Topaz Systems, Inc., products and services, inlcuding their availability, appearance, price, and specifications are subject to change without notice. Such information shall not constitute a representation, warranty, or other commitment by Topaz Systems, Inc. with respect to any product or service, and Topaz Systems, Inc., hereby disclaims all warranties, express or impled, as to the accuracy, suitability for any purpose, or completeness thereof.

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LIMITATION OF LIABILITY

In no event shall Topaz Systems, Inc., its affiliates, or its suppliers and licensors, be liable to you for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not Topaz Systems, Inc. has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

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TRADEMARKS

Topaz Systems, Inc. trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including, but not limited to Topaz Systems, Inc.™, Topaz®, SignatureGem®, SigGem®, SigLite®, 1x5™, 4X3™, 4X5™, ClipGem®, KioskGem™, IDGem®, LinkGem®, S261™, S460™, S751™, L460™, LBK460™, L462™, LBK462™, C912™, C916™, L755™, LBK755™, LBK766™, LBK43™, LBK57™, HSB®, BSB®, GemGuard™, DataGem™, SigPlus®, SigPlus Pro™, SigAnalyze®, iDoc®, iDoc Signer®, pDoc®, pDoc Signer®, eSign Emcee®, The Paperless Edge™, eSign Ecosystem®, Electronic Signature Solutions For Wherever Business Takes You®, and the Gem logo are trademarks of Topaz Systems, Inc. in the U.S. and/or other countries. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Topaz Systems, Inc. or such third party that may own other trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site is strictly prohibited. You are also advised that Topaz Systems, Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law. All third-party trademarks within this Site are copyrights of their respected owners and are subject to each mark holder's respective terms of use.

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PATENTS

The following Topaz products and their corresponding bundled software and firmware are protected by patents in the U.S. and elsewhere.  This website is provided to satisfy the virtual patent marking provisions of various jurisdictions including the virtual patent provisions of the American Invents Act.  The following list of Topaz products may not be all-inclusive, and other Topaz products not listed here may be protected by one or more patents.  Additional patents may be pending in the U.S. and elsewhere:

SigLite 1X5, SigLite SL 1x5, SigLite BT 1x5, SigLite LCD 1X5, SigLite LCD 4X3, SigLite Color 4.3, IDLite 1x5, IDLite LCD 1x5
7,933,840 - "Electronic Signature Security System"
7,693,312 - "Method for Authenticating an Electronic Signature"
7,190,815 - "Method for Authenticating an Electronic Signature"
7,123,143 - "Wireless Signature Management System"
6,972,754 - "Touchpad stylus having isolated low-mass contact element "
6,307,955 - "Electronic Signature Management System"
GB2430788 B - "Method of Authenticating an Electronic Signature"
GB2436487 - "Electronic Signature Security System"

SignatureGem 1x5, SignatureGem 4x5, ClipGem, DeskGem 1x5, SignatureGem LCD 1x5, SignatureGem LCD 4x3, SignatureGem LCD 4x5, SigGem Color 5.7, IDGem LCD 1x5, KioskGem 1x5, KioskGem LCD 1x5
7,933,840 - "Electronic Signature Security System"
7,693,312 - "Method for Authenticating an Electronic Signature"
7,190,815 - "Method for Authenticating an Electronic Signature"
6,307,955 - "Electronic Signature Management System"
GB2430788 B - "Method of Authenticating an Electronic Signature"
GB2436487 - "Electronic Signature Security System"

IDLite 1x5, IDLite LCD 1x5, IDGem LCD 1x5
7,933,840 - "Electronic Signature Security System"
7,876,930 - "Fingerprint Reader Combination"
7,693,312 - "Method for Authenticating an Electronic Signature"
7,190,815 - "Method for Authenticating an Electronic Signature"
6,972,754 - "Touchpad stylus having isolated low-mass contact element " (IDLite)
6,307,955 - "Electronic Signature Management System"
D532,009 - "Integrated signature pad and fingerprint reader"
GB2430788 B - "Method of Authenticating an Electronic Signature"
GB2436487 - "Electronic Signature Security System"

LinkSign LCD 1x5, SigLite BT 1x5
7,933,840 - "Electronic Signature Security System"
7,693,312 - "Method for Authenticating an Electronic Signature"
7,526,108 - "Wireless Data Management System"
7,190,815 - "Method for Authenticating an Electronic Signature"
7,123,143 - "Wireless Signature Management System"
6,972,754 - "Touchpad stylus having isolated low-mass contact element "
6,307,955 - "Electronic Signature Management System"
GB2430788 B - "Method of Authenticating an Electronic Signature"
GB2436487 - "Electronic Signature Security System"

SigPlus for TabletPC
7,693,312 - "Method for Authenticating an Electronic Signature"
7,190,815 - "Method for Authenticating an Electronic Signature"
6,307,955 - "Electronic Signature Management System"
GB2430788 B - "Method of Authenticating an Electronic Signature"
GB2436487 - "Electronic Signature Security System"

Additional patents are pending, and patent work is ongoing.
Use of Topaz's products in accordance with our instructions, to the best of our knowledge, does not infringe any patents. However, be aware that there are many patents in existence and modification of our products, or use of our products for other than their intended purpose, could run afoul of these patents. It is the responsibility of Topaz customers to honor relevant patents. U. S. Patent Nos. 5,120,906; 5,195,133; 5,227,590; 5,297,202; 5,322,978; 5,544,255; 5,647,017; 5,818,955; 6,064,751; 6,539,363, and others are patents that users of Topaz products should consider if modifications are to be made to our products or if our products are to be used for other than their intended purpose. These patents may be obtained at http://www.uspto.gov/.

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