By using a BOHA! device, you agree to be bound by the terms of the BOHA! Agreement, unless you have entered into a separate written agreement with TransAct that expressly supersedes the terms of the BOHA! Agreement. The first time you start a BOHA! device, unless you have entered into a separate written agreement with TransAct, you must accept the BOHA! Agreement for your use of such device. If you do not accept the terms of the BOHA! Agreement at the first start-up, then you may not use the BOHA! device, and you may return the device in accordance with TransAct’s applicable return policy.
Your full use of the functions of a device and the BOHA! applications require that you maintain a TransAct Enterprise Management System (TEMS) subscription for such BOHA! device in good standing, which will require payment of the then–current subscription fees. The BOHA! applications are licensed for use only on the BOHA! device on which the applications are installed by TransAct.
If you decide to let your TEMS subscription for any BOHA! device lapse, such device may no longer continue to perform the functions enabled by the BOHA! applications. To remove the BOHA! applications and allow a device to operate without restriction using the Android operating system, please contact TransAct’s Technical Support Department at (877) 748-4222 or (607) 257-8901 with the model and serial numbers of the device.
1. Features and Software
Backup and Restore. Your BOHA! device may have a feature that backs up to the cloud certain data on your device, including account settings, wireless configurations, usage data, and other information, so that you can restore that data later to a BOHA! device. Learn more about backup and restore by contacting TransAct’s Technical Support Department at (877) 748-4222 or (607) 257-8901
a. Use of the Software.
All software installed by TransAct on a BOHA! device is the property of TransAct or its software suppliers and is protected by United States and international copyright laws.
You may use the BOHA! applications only on the BOHA! device on which it comes pre-installed. You may not incorporate any portion of the the BOHA! applications into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the BOHA! applications in whole or in part. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the BOHA! applications, whether in whole or in part.
For additional terms that apply to the BOHA! applications, see the terms contained in the BOHA! Subscription Agreement (www.transact-tech.com/BOHA!/subscription) and the terms contained in the Legal or similar section in the Settings menu of your BOHA! device. Notwithstanding the foregoing, software licensed under an open source license is governed solely by the terms of that open source license.
b. Notices Relating to Open Source.
Each BOHA! device contains software (“Open Source Software”) that is provided to you under open source licenses. In the event of a conflict between the terms of the Agreement and the open source license applicable to such Open Source Software, the open source license will prevail with respect to that Open Source Software. Some open source licenses give you the right to obtain a copy of source code. Information on the applicable open source licenses and how you may obtain a copy of source code for Open Source Software licensed under such licenses, see www.transact-tech.com/BOHA!/opensourcenotices.
2. Connectivity and Availability
a. Internet and Wireless Connectivity. Your BOHA! device requires an Internet connection to operate. Your Internet connection is subject to the fees, restrictions, terms and limitations imposed by your Internet service provider.
Every BOHA! device comes with a one-year limited warranty and 90 days of technical support. Specifically, we warrant each BOHA! device against defects in materials and workmanship under ordinary use for one-year from the date of original purchase. During this warranty period, if a defect arises in the BOHA! device, and you follow the instructions for returning the device, we will, at our option, either (i) repair the device using either new or refurbished parts, (ii) replace the device with a new or refurbished device, or (iii) refund the purchase price of the device. This limited warranty applies to any repair, replacement part or replacement device for the remainder of the original warranty period or for ninety days, whichever period is longer. All replaced parts and devices for which a refund is given shall become our property.
This limited warranty applies only to hardware components of the BOHA! device that are not subject to accident, misuse, neglect, fire or other external causes, unauthorized use, alterations or repair. How to make a warranty claim:
- To make a request or claim for service, a Return Materials Authorization (RMA) number must be assigned by TransAct prior to the return of the device. Contact the Technical Support Department at (877) 748-4222 or (607) 257-8901 with the model and serial numbers of the device needing repair.
- The terminal must be returned to TransAct in the original shipping container and packing materials, or in suitable packaging so as to not sustain damage in shipping. TransAct does not assume the risk of loss or damage during transit. If the original shipping container and/or packing materials are not available, please contact TransAct for assistance.
- If you authorize TransAct to perform services not included in the warranty, you agree to pay TransAct’s standard rates for such work and to pay such charges upon receipt of invoice.
For information on the TransAct Care Premier Express Warranty, which extends the warranty cover to three years, see www.transact-tech.com/support.
4. Limitation of Liability
Disclaimer of Warranties: EXCEPT FOR THE EXPRESS WARRANTIES MADE ABOVE, TRANSACT DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liabilities: THE SOLE REMEDIES FOR BREACH OF ANY AND ALL WARRANTIES AND TRANSACT’S LIABILITY OF ANY KIND ARISING FROM ANY CONTRACT FOR SALE OF ANY PRODUCTS OR SERVICES SHALL BE LIMITED TO THE SPECIFIC REMEDIES PROVIDED HEREIN. IN NO EVENT SHALL TRANSACT’S LIABILITY FOR DAMAGES OF ANY NATURE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR THE PRICE FOR THE SERVICE FROM WHICH LIABILITY RESULTS.
Incidental and Consequential Damages: TRANSACT SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR FOR THE LOSS OF PROFIT OR REVENUE, EVEN IF TRANSACT SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Third-Party Products: IF PRE-INSTALLED BY TRANSACT, CERTAIN APPLICATIONS SUPPLIED BY THIRD PARTIES ARE MADE AVAILABLE BY TRANSACT AS A CONVENIENCE ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY FROM TRANSACT OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT. For support with respect to these third-party products and services, please contact TransAct’s Technical Support Department at (877) 748- 4222 or (607) 257-8901.
a. Information Received. The BOHA! device will provide TransAct with information about use of your BOHA! device and its interaction with services offer by TransAct (such as available memory, up-time, log files, network diagnostics, content usage, location, connectivity and signal strength). Information provided to TransAct may be processed in the cloud to improve your experience and our products and services, and may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the BOHA! Privacy Notice (www.transact-tech.com/ BOHA!/privacy)
b. Information Provided To Others. You are responsible for any information you provide to others, including third-party app providers using a BOHA! device. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.
Your rights under the Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, TransAct may immediately revoke your access to any subscription service without refund of any fees. TransAct’s failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of its rights.
7. Applicable Law
You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Connecticut, without regard to principles of conflict of laws, will govern the Agreement and any dispute of any sort that might arise between you and TransAct.
8. Contact Information
For help with your BOHA! device, the applications installed by TransAct on the device, the BOHA! subscription services or resolving other issues, please contact Technical Support Department at (877) 748-4222 or (607) 257-8901 with the model and serial numbers of the terminal.