Terms and Conditions of Sale

Products manufactured by KVANT LASERS S.R.O.
Products manufactured by UNITY LASERS S.R.O.
Products manufactured by PANGOLIN LASER SYSTEMS, INC.
Pangolin family of websites Terms and Conditions of Use
- Pangolin License agreement and limited warranty

Latest revision: July 20, 2022

Terms and Conditions

The terms of service noted on this website are specific to each brand of products. NOTE, in all cases, the original equipment manufacturer’s terms and conditions apply, as noted on their website. 

PRODUCTS MANUFACTURED BY KVANT LASERS S.R.O.

General terms and conditions of Kvant Lasers s.r.o. (hereinafter referred to as “GTC”)

  1. General terms

These terms of business are valid for contractual relations between Kvant Lasers s.r.o., CRN: 51 196 620, and its clients, including sale via internet portal WWW.KVANTLASERS.SK. The purpose of these terms of business is providing for rights and obligations of the seller (supplier) on the one hand and the buyer (orderer) on the other hand.

Apart from the general provisions of Act No. 513/1991 Coll., the Commercial Code, which shall apply to the legal relations established with business entities, the Act No. 40/1964 Coll. (Civil Code) applies in case of sale of products and services to consumers.

In case the purchaser is a consumer, separate regulations also apply, especially Act No. 102/2014 Coll. on consumer protection during selling of goods and provision of services on the basis of an agreement concluded remotely or an agreement concluded away from the seller’s operation premises, Act No. 250/2007 Coll. on consumer protection provide for business relations (as well as other legal relations that may arise from them) with natural persons not acting in accordance with these GTC during conclusion of business agreements in terms of their line of business.

  1. Definition of terms

The seller as well as the operator of the internet shop WWW.KVANTLASERS.SK is Kvant Lasers s.r.o., CRN: 51 196 620, registered office at Odborárska 23, 831 02 Bratislava, Slovakia. The company is registered in the Commercial Register of Bratislava I District Court, section Sro, insert No. 9220/B. Tax ID No: 2120636936 VAT No: SK2120636936.
Contact details:

  • landline phone number: +421 265 411 355
  • email: info@kvant.sk

The buyer is any person (natural or legal) registered in the shop who sent an order, including an electronic order, following own authorisation processed by the shop system.
The electronic order is understood to mean a sent electronic form that contains information about the buyer, a list of ordered goods offered by the shop and the price of these goods processed by the shop system or also an order sent as an email to the seller’s address.
GTC determine and specify in more detail the operator’s and the buyer’s rights and obligations and the current version thereof forms an inseparable part of the purchase agreement.
The goods – products offered by the operator for purchase from the shop.

A consumer – mainly with respect to door-to-door selling and mail-order selling, is understood to mean a natural person who buys the supplier’s goods (for consideration or if he/she provided service in-kind payment and performance), while they don’t serve him or her for employment, occupation or business purposes.

  1. Order, conclusion of agreement, withdrawing from agreement

3.1. When making a purchase of goods, the buyer will send an order specifying the ordered goods to the seller. When making a purchase in the internet shop, the buyer will click with the mouse on the “Purchase” button to place the goods into the shopping basket. Then the buyer can decide whether to complete the purchase (will fill in the prepared form) or continue in making the purchase. In case of accepting the order, the buyer will receive a confirmation of the order being accepted to the email address stated by the buyer. All other order-related information will be sent to the stated email address if required.

3.2. When making the purchase the following payments are possible:

  • Bank transfer– after accepting the order the seller will send an email with the necessary data for bank transfer to the buyer.
  • Payment cards– after placing the order the buyer will be redirected to a secure bank payment gateway, where the buyer will enter the necessary data. 
  • PayPal

3.3. The buyer is entitled to unilaterally cancel the purchase agreement even after receiving an order confirmation from the seller, within a period for paying the purchase price or even just a part of the purchase price.

3.4. In the event the buyer after paying even just a part of the purchase price won’t pay the rest of the purchase price or won’t accept the purchased goods without due reason, the seller is entitled to demand a compensation for the damage caused by the breach of the obligation that the contractual penalty relates to. The contractual penalty is determined at 20% of the price of the purchased goods.

3.5. A consumer is entitled to withdraw from the agreement within 14 days of the goods being accepted without giving a reason for doing so. The cost of returning the goods are borne by the buyer alone including the cost of returning the goods that due to their nature cannot be returned via post. The buyer is obliged to return the goods undamaged and complete, in a condition appropriate to the time of use. If the consumer returns the goods to the seller without original security features, e.g. with the security code removed or damaged, this kind of damage to the goods is considered by the contracting parties a serious damage to the goods, and the buyer won’t be entitled to having the price of the goods refunded.

3.6. The buyer cannot withdraw from the agreement due to reasons stated in article 7, section 6 of Act No 102/2014 Coll. on consumer protection during door-to-door and mail-order selling for these reasons - in the following cases:

  1. the provision of service, if it began with the consumer’s express consent and the consumer stated that he or she had been properly advised as to the fact that by giving this consent he or she waives the right to withdraw from the agreement after complete provision of the service, and if the service was completely provided, 
  2. the sale of goods or the provision of service whose prices depend on price fluctuations on financial markets that the seller cannot influence and which may occur during the period for the withdrawal from the agreement, 
  3. the sale of goods made according to the consumer’s specific requirements, goods made to measure or goods intended specifically for one consumer,
  4. the sale of goods whose quality quickly declines or are perishable, 
  5. the sale of goods sealed in a protective packaging which are not suitable for returning due to health protection or hygiene reasons and whose protective packaging has been damaged after the delivery, 
  6. the sale of goods which due to their character may be inseparably mixed with another goods after the delivery, 
  7. the performance of urgent repairs or maintenance work the consumer expressly asked the seller for; this does not apply to agreements on services and agreements whose subject matter is the sale of goods other than spare parts necessary for the performance of a repair or maintenance works, if they were concluded during the seller’s visit of the consumer and the consumer did not order these goods or services beforehand, 
  8. the sale of sound records, image records, sound and image records, books or computer software sold in a protective packaging, if the consumer opened this packaging, 
  9. the provision of electronic content not on a physical carrier, if it began with the consumer’s express consent and the consumer stated that he or she had been properly advised as to the fact that by giving this consent he or she waives the right to withdraw from the agreement.

3.7. The withdrawal from the agreement must be performed by the delivery of a written notice on the withdrawal from the agreement stated in Appendix 1 of GTC together with the delivery of all provided documents and goods that were supplied on the basis of the agreement that the withdrawal applies to. The withdrawal from the agreement is required to be in writing so that there are no doubts whether it is a withdrawal from the agreement, complaint (as to the quality of goods) or buyer’s other demand.

3.8. Following the order confirmation the seller has a right to withdraw from the purchase agreement if the ordered goods cannot be delivered within the stated period or the period determined by these GTC and the seller has not agreed with the buyer on an alternative performance or the buyer has not fulfilled obligations connected with making the order.

3.9. The buyer is obliged to pay the seller the price of the actually provided performance if he or she has withdrawn from the agreement on services after giving the seller a consent to commence the provision of a service prior to the expiry of the period for the withdrawal from the agreement.

  1. Terms of delivery

4.1. The place of the performance of the agreement is understood to be the buyer’s registered office (residential address) or the place of business stated in the order unless the contracting parties have agreed otherwise (e.g. personal collection at the seller’s place). The goods will be delivered by the seller in the way stated in the order.

4.2. The delivery of goods is carried out by handover thereof to the buyer or handover of the goods for transport to the first shipper.

4.3. The proprietary right is passed to the buyer by the delivery of goods and after the payment of the purchase amount in full (agreement on reservation of proprietary rights).

4.4. The seller will deliver the goods to the buyer in the shortest possible time after receiving an electronic order; the goods will be shipped:
a) 5 days after the payment of the full purchase price at the latest, as to the goods the seller had in stock
b) 12 weeks after the payment of the full purchase price at the latest, as to the goods the seller did not have in stock

4.5. If the seller’s web page states on the day of placing the order other periods for different types of goods, they take precedence over the periods stated in point 4, letter a) or b).

4.6. The buyer agrees with the extension of the delivery period if the production of the ordered goods or other circumstances demand it. In the event the seller is unable to deliver all of the ordered goods to the buyer within the agreed period, the seller will notify the buyer of this fact as soon as possible and will inform him or her of the expected date of delivery of the ordered goods or will suggest a delivery of alternative goods to him or her.

4.7. When accepting the delivery of goods the buyer is obliged to check that the shipment is not physically damaged nor incomplete and to confirm this on the shipping note. If the shipment is visibly damaged or ruined, the buyer is obliged to contact the seller immediately without accepting the shipment. The shipping charges are not included in the price of the goods. The price of transport is charged according to the current price list stated on the page. If the goods are in stock, the orders are processed immediately. In the event the goods have not been distributed due to stock shortages, they will be distributed immediately after the stocks have been replenished.

4.8. The risk of damage to the products is passed on the buyer the moment the goods are accepted by the buyer or his or her authorised person, or the first shipper.

4.9. Together with the goods the seller will deliver to the buyer in written or electronic form all documents necessary for the acceptance and use of the goods and other documents prescribed by the valid legal regulations (instructions for use in the state language, warranty card, tax document).

  1. Purchase price, payments, product illustration

5.1. The prices stated on the shop pages are valid only for a purchase via the shop system. The price does not include consulting services, shipping charges nor any other costs, unless it is stated in the product description. The price of the goods is determined according to the current price list. The seller undertakes to deliver the goods to the buyer for the price valid at the time of ordering the goods. All prices of the goods and services and all payments in the internet shop are stated including VAT. Packing is free of charge for all types of shipping, also for any purchase sum.

5.2. Discount (special offer) prices and goods offers are clearly marked with a “special offer” or “sales” symbol. The discounted prices are valid while the stocks last or during the time stated next to the discounted price.

5.3. The photos are only illustrative and may differ from the actual product, since the producers reserve the right for product innovation. A product design that differs from the photo illustration does not constitute a reason for a complaint due to product defects.

  1. Warranty, complaints

6.1. The seller is responsible for the defects of goods and services at the time of delivering the goods or provision of services or within the warranty period.
The warranty period for the performance of consumer agreements (under Act No 40/1964 Coll. – Civil Code as subsequently amended) is determined to be at least 24 months from the day of concluding purchase agreement or limited by the use by date of the goods and begins on the day of accepting the goods and confirming the necessary documents connected with the goods by an authorised person with the exception of machine parts that have naturally limited lifespan (laser diodes and scanner parts).

The warranty period as for business agreements (under Act No. 513/1991 Coll. – Commercial Code, as subsequently amended) shall be 24 months, unless the seller does not expressly declare otherwise limited by the use by date of the goods, and begins on the day of accepting the goods and confirming the necessary documents connected with the goods by an authorized person with the exception of machine parts that have naturally limited lifespan (laser diodes and scanner parts).

The seller may extend any warranty provided by written declaration, or the warranty period may be extended by mutual agreement under these GTC and/or separate terms of the seller. A warranty period that has already expired or has been voided (par. 6.4 below) may not be renewed.

6.2. Complaints are possible only with respect to goods purchased (after payment) from the seller. To file a complaint the buyer is obliged to fill in a complaint form and wait for the seller’s instructions, and subsequently to deliver the goods in question clean, mechanically undamaged, including manuals and warranty card or an invoice to the seller. The goods the complaint relates to are not to be sent via recorded delivery as the seller does not accept recorded deliveries. Information about service centers for warranty and postwarranty service is stated on the back page of the warranty card or the seller will inform the buyer of them by phone or email. After the successful filling in and sending off of the complaint form the buyer will receive an automatic confirmation of the complaint being received by an email. After filing a complaint the buyer will follow the instructions stated in the warranty card or he or she will contact the seller for clarification as to the filing of a complaint.

6.3. The seller will process the complaint immediately, in more complicated cases within 30 days of the complaint proceedings beginning. The seller will issue a written confirmation of receipt of each complaint immediately.

6.4. The buyer is not entitled to use the warranty for defects he or she was notified of at the time of concluding the agreement or of which he or she must have known considering the circumstances at the time of concluding the agreement. The entitlement to use the warranty expires also by not informing of the obvious defects when accepting the goods, inexpert or harsh use or neglecting care of the goods, mechanical damage to the goods done by the buyer or the use thereof in conditions that do not correspond to natural environment.

6.5. The complaint may result in:

  • repair of the goods
  • exchange of the goods
  • refunding of the purchase price
  • payment of an appropriate discount on the price of the goods
  • rejecting the complaint with giving the rationale for doing so

The choice of resolution of warranty claims shall belong to the seller, unless applicable law states otherwise.

6.6. The buyer will be notified of the result of the complaint immediately after the end of the complaint proceedings by phone or email and at the same time a complaint protocol will be delivered to him or her by email or post together with the goods.

6.7. In case the buyer is a consumer, any complaints and warranty claims will be handled in accordance with Act No. 250/2007 Coll. on Consumer Protection, as amended; otherwise, warranty claims shall follow procedures set out by the Commercial Code.

  1. Discount coupons, gift coupons and service coupons

7.1. In the event a discount coupon is made use of contrary to the rules of the given discount or discount coupon, the seller is entitled to reject such use of the discount or discount coupon.

7.2. The conditions for the use of a discount are stated directly with the discount or there is a link with the discount to a web page where the rules are written out.

7.3. Every discount may be used only once unless it has been stated otherwise.

7.4. If the value of the gift coupon or discount coupon is higher than the value of the purchased goods, the difference will not be carried forward and the unused sum will not be refunded.

7.5. Discount coupon may be used only till the date marked on it, after this date the right arising from them expires.

7.6. The buyer is obliged to file a complaint in writing (an email will suffice) as to the defects of the provided service without undue delay, within 7 days of the service being provided at the latest. The seller will process the complaint with respect to the quality of the provided services within 7 days at the latest, in more complicated cases within 30 days, in writing (an email to the buyer’s email address will suffice).

  1. Privacy protection

8.1. The buyer and the seller have agreed that the buyer, in case of being a natural person, is obliged to inform the seller of his or her first name and surname, permanent address including postal code, telephone number and email address.

8.2. The buyer and the seller have agreed that the buyer, in case of being a legal person or a self-employed person, is obliged to inform the seller of their trade name, registered address including postal code, company registration No., tax ID NO., telephone number and email address.

8.3. The buyer declares that he or she or it has been made aware of the seller’s Privacy Policy, as published on the seller’s webpage, whereas the seller may process and store the buyer’s personal data, especially those that are stated above and/or are necessary for the seller’s activities, and process them as set out by the Privacy Policy.

8.4. The seller undertakes to use any personal data obtained hereunder only for the purposes of entering into and performing the relevant agreement(s), as stated by these GTC. Any personal data under processing shall not be published, transferred or made available to any third party, unless the Privacy policy explicitly states otherwise.

  1. Final and interim provisions

9.1. These general terms and conditions are valid as stated on the operator’s internet page on the day of making the electronic order, with the exception that it has been expressly agreed otherwise between the contracting parties.

9.2. By sending an electronic order the buyer accepts all provisions of the version of general terms and conditions valid on the day of sending this order.

9.3. The buyer declares that prior to filling in the order he or she or it has been familiarised himself or herself with these general terms and conditions and agrees to be bound by with them as of submitting an order.

9.4. The seller and the buyer have agreed that they fully recognise the electronic form of communication, especially via electronic mail and internet, as valid and binding for both contracting parties. The electronic form of communication is not acceptable in the event of withdrawing from the agreement. The electronic communication does not require a signature of the document with an advanced electronic signature.

9.5. The seller reserves the right to amend these GTC at any time. Any agreements concluded under previous versions of these GTC shall remain unaffected and the seller shall make previous versions of these GTCs available to any buyer upon request.

 

Appendix 1
SAMPLE FORM FOR AGREEMENT WITHDRAWAL
(fill in and send this form only if you wish to withdraw from the agreement)

– To: Kvant Lasers s.r.o., CRN: 51 196 620, registered office: Odborárska 23, 831 02 Bratislava, Slovakia 
– Hereby I announce that I withdraw from the agreement (name of the agreement) dated ...............................
– Agreement number: ...............
– Buyer’s identification data ................................................
– Buyer’s signature (only if he or she submits this form in paper form) .............................

 

 

 

PRODUCTS MANUFACTURED BY UNITY LASERS S.R.O.

 

General terms and conditions of UNITY LASERS s.r.o. (hereinafter referred to as “GTC”)

1. General terms

These terms of business are valid for contractual relations between UNITY LASERS s.r.o., CRN: 53 031 059, and its clients, including sale via internet portal WWW.UNITYLASERS.EU. The purpose of these terms of business is providing for rights and obligations of the seller (supplier) on the one hand and the buyer (orderer) on the other hand.
Apart from the general provisions of Civil Code also separate regulations, especially Act No 102/2014 Coll. on consumer protection during selling of goods and provision of services on the basis of an agreement concluded remotely or an agreement concluded away from the seller’s operation premises, Act No 250/2007 Coll. on consumer protection provide for business relations (as well as other legal relations that may arise from them) with natural persons not acting in accordance with these GTC during conclusion of business agreements in terms of their line of business.
Especially the provisions of Civil Code provide for the business relations (as well as other legal relations that may arise from them) with legal persons, or with natural persons – entrepreneurs.

2. Definition of terms

The seller as well as the operator of the internet shop WWW.UNITYLASERS.EU is UNITY LASERS s.r.o., CRN: 53 031 059, registered office at Odborárska 23, 831 02 Bratislava. The company is registered in the Commercial Register of Bratislava I District Court, section Sro, insert no. 145682/B-Zbl. Tax ID No: 2121266202 VAT No: SK2121266202.

Contact details:

  • landline phone number: +421 265 411 355
  • email: info@unitylasers.eu

The buyer is any person (natural or legal) registered in the shop who sent an order, including an electronic order, following own authorisation processed by the shop system.
The electronic order is understood to mean a sent electronic form that contains information about the buyer, a list of ordered goods offered by the shop and the price of these goods processed by the shop system or also an order sent as an email to the seller’s address.
GTC determine and specify in more detail the operator’s and the buyer’s rights and obligations and the current version thereof forms an inseparable part of the purchase agreement.
The goods – products offered by the operator for purchase from the shop. The consumer – with respect to door-to-door selling and mail-order selling it is understood to mean a natural person who buys the goods or provided service in-kind payment and performance, while they don’t serve him or her for employment, occupation or business purposes.

3. Order, conclusion of agreement, withdrawing from agreement

3.1. When making a purchase of goods, the buyer will send an order specifying the ordered goods to the seller. When making a purchase in the internet shop, the buyer will click with the mouse on the “Purchase” button to place the goods into the shopping basket. Then the buyer can decide whether to complete the purchase (will fill in the prepared form) or continue in making the purchase. In case of accepting the order, the buyer will receive a confirmation of the order being accepted to the email address stated by the buyer. All other order-related information will be sent to the stated email address if required.

3.2. When making the purchase the following payments are possible:

  • Bank transfer– after accepting the order the seller will send an email with the necessary data for bank transfer to the buyer.
  • Payment cards– after placing the order the buyer will be redirected to a secure bank payment gateway, where the buyer will enter the necessary data. 
  • PayPal

3.3. The buyer is entitled to unilaterally cancel the purchase agreement even after receiving an order confirmation from the seller, within a period for paying the purchase price or even just a part of the purchase price.

3.4. In the event the buyer after paying even just a part of the purchase price won’t pay the rest of the purchase price or won’t accept the purchased goods, the seller is entitled to demand a compensation for the damage caused by the breach of the obligation that the contractual penalty relates to. The contractual penalty is determined at 20% of the price of the purchased goods.

3.5. The consumer is entitled to withdraw from the agreement within 14 days of the goods being accepted without giving a reason for doing so. The cost of returning the goods are borne by the buyer alone including the cost of returning the goods that due to their nature cannot be returned via post. The buyer is obliged to return the goods undamaged and complete, in a condition appropriate to the time of use. If the consumer returns the goods to the seller without original security features, e.g. with the security code removed or damaged, this kind of damage to the goods is considered by the contracting parties a serious damage to the goods, and the buyer won’t be entitled to having the price of the goods refunded.

3.6. The buyer cannot withdraw from the agreement due to reasons stated in article 7, section 6 of Act No 102/2014 Coll. on consumer protection during door-to-door and mail-order selling for these reasons:

  1. the provision of service, if it began with the consumer’s express consent and the consumer stated that he or she had been properly advised as to the fact that by giving this consent he or she waives the right to withdraw from the agreement after complete provision of the service, and if the service was completely provided, 
  2. the sale of goods or the provision of service whose prices depend on price fluctuations on financial markets that the seller cannot influence, and which may occur during the period for the withdrawal from the agreement, 
  3. the sale of goods made according to the consumer’s specific requirements, goods made to measure, or goods intended specifically for one consumer,
  4. the sale of goods whose quality quickly declines or are perishable, 
  5. the sale of goods sealed in a protective packaging which are not suitable for returning due to health protection or hygiene reasons and whose protective packaging has been damaged after the delivery, 
  6. the sale of goods which due to their character may be inseparably mixed with another goods after the delivery, 
  7. the performance of urgent repairs or maintenance work the consumer expressly asked the seller for; this does not apply to agreements on services and agreements whose subject matter is the sale of goods other than spare parts necessary for the performance of a repair or maintenance works, if they were concluded during the seller’s visit of the consumer and the consumer did not order these goods or services beforehand, 
  8. the sale of sound records, image records, sound and image records, books or computer software sold in a protective packaging, if the consumer opened this packaging, 
  9. the provision of electronic content not on a physical carrier, if it began with the consumer’s express consent and the consumer stated that he or she had been properly advised as to the fact that by giving this consent he or she waives the right to withdraw from the agreement.

3.7. The withdrawal from the agreement must be performed by the delivery of a written notice on the withdrawal from the agreement stated in Appendix 1 of GTC together with the delivery of all provided documents and goods that were supplied on the basis of the agreement that the withdrawal applies to. The withdrawal from the agreement is required to be in writing so that there are no doubts whether it is a withdrawal from the agreement, complaint (as to the quality of goods) or buyer’s other demand.

3.8. Following the order confirmation the seller has a right to withdraw from the purchase agreement if the ordered goods cannot be delivered within the stated period or the period determined by these GTC and the seller has not agreed with the buyer on an alternative performance or the buyer has not fulfilled obligations connected with making the order.

3.9. The buyer is obliged to pay the seller the price of the actually provided performance if he or she has withdrawn from the agreement on services after giving the seller a consent to commence the provision of a service prior to the expiry of the period for the withdrawal from the agreement.

4. Terms of delivery

4.1. The place of the performance of the agreement is understood to be the buyer’s registered office (residential address) or the place of business stated in the order unless the contracting parties have agreed otherwise (e.g. personal collection at the seller’s place). The goods will be delivered by the seller in the way stated in the order.

4.2. The delivery of goods is carried out by handover thereof to the buyer or handover of the goods for transport to the first shipper.

4.3. The proprietary right is passed to the buyer by the delivery of goods and after the payment of the purchase amount in full (agreement on reservation of proprietary rights).

4.4. The seller will deliver the goods to the buyer in the shortest possible time after receiving an electronic order; the goods will be shipped:
a) 5 days after the payment of the full purchase price at the latest, as to the goods the seller had in stock
b) 12 weeks after the payment of the full purchase price at the latest, as to the goods the seller did not have in stock

4.5. If the seller’s web page states on the day of placing the order other periods for different types of goods, they take precedence over the periods stated in point 4, letter a) or b).

4.6. The buyer agrees with the extension of the delivery period if the production of the ordered goods or other circumstances demand it. In the event the seller is unable to deliver all of the ordered goods to the buyer within the agreed period, the seller will notify the buyer of this fact as soon as possible and will inform him or her of the expected date of delivery of the ordered goods or will suggest a delivery of alternative goods to him or her.

4.7. When accepting the delivery of goods the buyer is obliged to check that the shipment is not physically damaged nor incomplete and to confirm this on the shipping note. If the shipment is visibly damaged or ruined, the buyer is obliged to contact the seller immediately without accepting the shipment. The shipping charges are not included in the price of the goods. The price of transport is charged according to the current price list stated on the page. If the goods are in stock, the orders are processed immediately. In the event the goods have not been distributed due to stock shortages, they will be distributed immediately after the stocks have been replenished.

4.8. The risk of damage to the products is passed on the buyer the moment the goods are accepted by the buyer or his or her authorised person, or the first shipper.

4.9. Together with the goods the seller will deliver to the buyer in written or electronic form all documents necessary for the acceptance and use of the goods and other documents prescribed by the valid legal regulations (instructions for use in the state language, warranty card, tax document).

5. Purchase price, payments, product illustration

5.1. The prices stated on the shop pages are valid only for a purchase via the shop system. The price does not include consulting services, shipping charges nor any other costs, unless it is stated in the product description. The price of the goods is determined according to the current price list. The seller undertakes to deliver the goods to the buyer for the price valid at the time of ordering the goods. All prices of the goods and services and all payments in the internet shop are stated including VAT. Packing is free of charge for all types of shipping, also for any purchase sum.

5.2. Discount (special offer) prices and goods offers are clearly marked with a “special offer” or “sales” symbol. The discounted prices are valid while the stocks last or during the time stated next to the discounted price.

5.3. The photos are only illustrative and may differ from the actual product, since the producers reserve the right for product innovation. A product design that differs from the photo illustration does not constitute a reason for a complaint due to product defects.

6. Warranty, complaints

6.1. The seller is responsible for the defects of goods and services at the time of delivering the goods or provision of services or within the warranty period. The warrantee period for the performance of consumer agreements (Act No 40/1964 Coll. – Civil Code as subsequently amended) is determined to be at least 24 months from the day of concluding purchase agreement or limited by the use by date of the goods and begins on the day of accepting the goods and confirming the necessary documents connected with the goods by an authorised person with the exception of machine parts that have naturally limited lifespan (laser diodes and scanner parts).

6.2. Complaints are possible only with respect to goods purchased (after payment) from the seller. To file a complaint the buyer is obliged to fill in a complaint form and wait for the seller’s instructions, and subsequently to deliver the goods in question clean, mechanically undamaged, including manuals and warranty card or an invoice to the seller. The goods the complaint relates to are not to be sent via recorded delivery as the seller does not accept recorded deliveries. Information about service centres for warranty and post-warranty service is stated on the back page of the warranty card or the seller will inform the buyer of them by phone or email. After the successful filling in and sending off of the complaint form the buyer will receive an automatic confirmation of the complaint being received by an email. After filing a complaint the buyer will follow the instructions stated in the warranty card or he or she will contact the seller for clarification as to the filing of a complaint.

6.3. The seller will process the complaint immediately, in more complicated cases within 30 days of the complaint proceedings beginning.

6.4. The buyer is not entitled to use the warranty for defects he or she was notified of at the time of concluding the agreement or of which he or she must have known considering the circumstances at the time of concluding the agreement. The entitlement to use the warranty expires also by not informing of the obvious defects when accepting the goods, inexpert or harsh use or neglecting care of the goods, mechanical damage to the goods done by the buyer or the use thereof in conditions that do not correspond to natural environment.

6.5. The complaint may result in:

  • repair of the goods
  • exchange of the goods
  • refunding of the purchase price
  • payment of an appropriate discount on the price of the goods
  • rejecting the complaint with giving the rationale for doing so

6.6. The buyer will be notified of the result of the complaint immediately after the end of the complaint proceedings by phone or email and at the same time a complaint protocol will be delivered to him or her by email or post together with the goods.

7. Discount coupons, gift coupons and service coupons

7.1. In the event a discount coupon is made use of contrary to the rules of the given discount or discount coupon, the seller is entitled to reject such use of the discount or discount coupon.

7.2. The conditions for the use of a discount are stated directly with the discount or there is a link with the discount to a web page where the rules are written out.

7.3. Every discount may be used only once unless it has been stated otherwise.

7.4. If the value of the gift coupon or discount coupon is higher than the value of the purchased goods, the difference will not be carried forward and the unused sum will not be refunded.

7.5. Discount coupon may be used only till the date marked on it, after this date the right arising from them expires.

7.6. The buyer is obliged to file a complaint in writing (an email will suffice) as to the defects of the provided service without undue delay, within 7 days of the service being provided at the latest. The seller will process the complaint with respect to the quality of the provided services within 7 days at the latest, in more complicated cases within 30 days, in writing (an email to the buyer’s email address will suffice).

8. Privacy protection

8.1. The buyer and the seller have agreed that the buyer, in case of being a natural person, is obliged to inform the seller of his or her first name and surname, permanent address including postal code, telephone number and email address.

8.2. The buyer and the seller have agreed that the buyer, in case of being a legal person or a self-employed person, is obliged to inform the seller of their trade name, registered address including postal code, company registration no., tax ID no., telephone number and email address.

8.3. The buyer declares that he or she agrees, in terms of Act No 122/2013 on privacy protection and on amendment and supplementation of certain acts, that the seller may process and store his or her personal data, especially those that are stated above and/or are necessary for the seller’s activities, and process them in all of their information systems. The buyer grants this consent to the seller for an indefinite period. The consent for the personal data to be processed may be withdrawn by the buyer at any time in writing. The consent will expire 1 month after the delivery of the consent withdrawal by the buyer and the data will be subsequently deleted.

9. Final and interim provisions

9.1. These general terms and conditions are valid as stated on the operator’s internet page on the day of making the electronic order, with the exception that it has been expressly agreed otherwise between the contracting parties.

9.2. By sending an electronic order the buyer accepts all provisions of the version of general terms and conditions valid on the day of sending this order.

9.3. The buyer declares that prior to filling in the order he or she has familiarised himself or herself with these general terms and conditions and agrees with them.

9.4. The seller and the buyer have agreed that they fully recognise the electronic form of communication, especially via electronic mail and internet, as valid and binding for both contracting parties. The electronic form of communication is not acceptable in the event of withdrawing from the agreement. The electronic communication does not require a signature of the document with an advanced electronic signature.

Appendix 1
SAMPLE FORM FOR AGREEMENT WITHDRAWAL
(fill in and send this form only if you wish to withdraw from the agreement)

– To: UNITY LASERS s.r.o., CRN: 53 031 059, registered office: Odborárska 23, 831 02 Bratislava, Slovakia 
– Hereby I announce that I withdraw from the agreement (name of the agreement) dated ...............................
– Agreement number: ...............
– Buyer’s identification data ................................................
– Buyer’s signature (only if he or she submits this form in paper form) .............................

 

PRODUCTS MANUFACTURED BY PANGOLIN LASER SYSTEMS, INC.

Pangolin family of websites Terms and Conditions of Use

The Terms and Conditions of Use (the “Terms”) apply to all visitors, vendors, customers, merchants, and/ or contributors of content on Pangolin Laser Systems’ family of websites, including, but not limited to, www.Pangolin.comwww.PangolinSMS.comwww.PangolinShows.comwww.PangolinPlugins.comwww.PangoBright.comwww.lasorb.com, www.ScannerMax.com and www.LasershowProjector.com,www.Laserscanningbook.com in addition to all relevant subdomains and subdirectories (each, a “Website,” and collectively, “Websites”).  Each of our Websites may have different purposes.  If you have any questions or concerns regarding the Terms, please contact us.

We also have a Privacy Policy and Cookie Policy  and may have other terms, legal notices, agreements, policies and conditions applicable to various activities on our Websites, including terms and conditions that may apply to specific portions or features of a Website, all of the foregoing of which are incorporated herein by reference, and shall, together with the Terms, constitute a contractual agreement between Pangolin Laser Systems, Inc. (“Pangolin”) and you.

You must accept the Terms, in full, before using any Website.  By accessing any Website, you are agreeing to be bound by the Terms, additional terms and conditions and policies referenced herein and/or available by hyperlink, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws.  If you do not agree to the Terms, you are expressly prohibited from using any Website.

You can accept the Terms by proceeding to use the Websites and/or clicking on the checkbox, the button labeled “I Agree” or such similar labels as may be designated by Pangolin to accept the Terms.

1. Intellectual Property

All content or materials provided on or through the Websites, such as designs, text, graphics, pictures, video, information, software, code, logos, button icons, images, trademarks, service marks, audio clips, digital downloads, data compilations and other content and materials posted on the Websites are the property of Pangolin (or, its content suppliers), its affiliates and licensors, with all rights reserved, and protected by United States and international copyright laws.  In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through all Websites are trademarks or trade dress of Pangolin in the U.S. and other countries.  With the exception of those rights otherwise granted in writing, Pangolin’s trademarks and trade dress may not be used in connection with any product or service that is not Pangolin’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pangolin.  You may not reuse or redistribute any part of the Websites for any reason, without prior express written permission.  All other trademarks not owned by Pangolin that appear in any Pangolin Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pangolin.

2. Reviews, Comments, Discussions, Forums and Other Content

Various Pangolin Websites and forums may enable users to post reviews, comments, photos and/or other content and communications.  You may not post user generated content (“UGC”) that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable, and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “SPAM.” By providing UGC, you are explicitly accepting and consenting to our User Generated Content Guidelines and Digital Millennium Copyright Act Policy.

You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of UGC.  We reserve the right (but not the obligation) to remove or edit UGC, but does not regularly review posted UGC.  If you do post UGC, and unless we indicate otherwise, you grant Pangolin a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media.  You grant Pangolin and sublicensees the right to use the name that you submit in connection with such UGC, if we/they choose.  You represent and warrant that you own or otherwise control all of the rights to the UGC that you post, that the UGC is accurate, that use of the UGC you supply does not violate the Terms and will not cause injury to any person or entity, and that you will indemnify Pangolin for all claims resulting from content you supply.   Pangolin takes no responsibility and assumes no liability for any UGC posted by you or any third-party.

3. Copyright Complaints

Pangolin respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our notice procedures for making such claims.

Pangolin’s Copyright Agent for notice of claims of copyright infringement on its Websites can be reached as follows:  Copyright Agent – Pangolin Laser Systems, Inc., 1265 Upsala Road, Suite 1165, Sanford, FL 32771 USA phone: +1 407 299 2088, fax: +1-407-299-6066, e-mail: .  If you believe that your content has been copied in a way that constitutes copyright infringement, please provide Pangolin with the following information in a written communication:

  1. Detailed identification of the copyright content claimed to have been infringed, or, if multiple copyrighted works at a single online locating are covered by a single notification, a representative list of such works at that site;
  2. Detailed identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pangolin to locate the material;
  3. Information reasonably sufficient to permit Pangolin to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
  4. The following statement: “I have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
  5. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
  6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A Digital Millennium Copyright Act (“DMCA”) Takedown Notice must comply with the form outlined above.  Please note that this procedure is exclusively for notifying Pangolin of copyright infringement.  A complaining party may be liable for damages (including costs and legal fees) if they materially misrepresent that copyright infringement has occurred.

Counter-Notice

If you dispute the allegations contained within a Takedown Notice and believe them to be unjustified, please provide Pangolin with the following information in a written communication (preferably via email to 

  1. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
  2. Your name, address and telephone number;
  3. The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
  4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
  5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected content was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled”; and
  6. Your signature, in physical or electronic form.

A DMCA Counter-Notice must comply with the form outlined above.  Please note that this procedure is exclusively for notifying Pangolin of bogus copyright infringement allegations.  The DMCA creates liability for a wrongful Counter-Notice, including damages.

For additional information, please see the Pangolin DMCA Copyright Act Policy.

4. Disclaimer of Warranties and Limitation of Liability

THE WEBSITES AND ALL CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITES ARE PROVIDED BY PANGOLIN ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.  PANGOLIN AND ITS REPRESENTATIVES OR AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR RELIABILITY OF THE WEBSITES AND CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITES, UNLESS OTHERWISE SPECIFIED IN WRITING.  YOU EXPRESSLY AGREE THAT YOUR USE OF SAME IS AT YOUR SOLE RISK.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PANGOLIN AND ITS REPRESENTATIVES OR AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS OTHERWISE SPECIFIED IN WRITING.   PANGOLIN AND ITS REPRESENTATIVES OR AGENTS DO NOT WARRANT THAT THE WEBSITES AND ALL CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITES, PANGOLIN’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PANGOLIN AND ITS REPRESENTATIVES OR AGENTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  

PANGOLIN AND ITS REPRESENTATIVES OR AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS OF USE OF ANY KIND ARISING OR RESULTING FROM THE USE OF THE WEBSITES AND ALL CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR OTHER COSTS, EXPENSES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), EVEN IF PANGOLIN AND ITS REPRESENTATIVES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.  

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

5. Indemnity 

You agree, at your own expense, to defend, indemnify and hold harmless Pangolin (including its officers, directors, employees and agents) from and against any third-party liabilities, claims, demands or suits asserting a claim or claims against Pangolin as a result of injury caused by your use of the Websites, or in violation of applicable law, rule or regulation.  You agree to pay all damages awarded or agreed to under a settlement of such claim (provided, however, you may not enter into any settlement that imposes a financial obligation or admission of liability on Pangolin without Pangolin’s prior written consent).

6. Notices

All notices, requests, consents and other communications required, or permitted hereunder shall be provided in writing and delivered by personal service (which shall include delivery by delivery service and overnight delivery service), sent via e-mail to  (but only if receipt of the e-mail is confirmed by the receiving party), or mailed by United States certified mail as follows: Pangolin Laser Systems, Inc., 1265 Upsala Road, Suite 1165, Sanford, FL 32771 USA.  If for you: at the shipping or electronic mail address, or other contact information that you have provided.  Such communications shall be effective on receipt when personally delivered or confirmed via e-mail, and effective three (3) business days following deposit with the mail carrier for all other allowable forms of notice.

7. Linked Websites

Pangolin has not reviewed all of the third-party websites linked to its own Websites and is not responsible for the contents of any such linked websites.  Pangolin does not own, operate or control such third-party websites.  The inclusion of any link does not imply endorsement by Pangolin of the third-party website.  Use of any such linked, third-party website is at the user’s own risk.  You should carefully review third-party privacy statements and other conditions of use.  Creating or maintaining any link from another website to any page on any of Pangolin’s Websites, without prior express written permission, is prohibited.

8. Governing Law

Any claim, dispute or controversy relating to the Terms shall be governed and construed exclusively in accordance with the laws of the United States and the State of Florida, without regard to any jurisdiction’s conflicts of law rules.  If, for any reason, a court of competent jurisdiction finds any provision of the Terms to be unenforceable, that provision of the Terms shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the remainder of the Terms shall continue in full force and effect.  Venue and jurisdiction for any legal action shall be in the state or federal courts for Orange County, Florida.

9. Dispute Resolution, Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND PANGOLIN HAVE AGAINST EACH OTHER ARE RESOLVED.

If a dispute arises between you and Pangolin, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly.  Disputes between you and Pangolin may always be reported via email to contact@pangolin.com, or by calling +1 407 299 2088, Monday through Friday from 10AM EST to 6PM EST.

You and Pangolin agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms, Privacy Policy, other terms, legal notices, agreements, policies and conditions applicable to your use of or access to various activities on our Websites, and all content contained on or made available through the Websites, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

You agree that the laws of the State of Florida (USA), without regard to principles of conflict of laws, will govern the Terms and any claim or dispute that has arisen or may arise between you and Pangolin, except as otherwise stated herein.

YOU AND PANGOLIN EACH AGREE THAT ANY AND ALL DISPUTES OR CLAIMS THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND PANGOLIN RELATING IN ANY WAY TO OR ARISING OUR OF THIS OR PREVIOUS VERSIONS OF THE TERMS, PRIVACY POLICY, OTHER TERMS, LEGAL NOTICES, AGREEMENTS, POLICIES AND CONDITIONS APPLICABLE TO YOUR USE OF OR ACCESS TO VARIOUS ACTIVITIES ON OUR WEBSITES, AND ALL CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITES, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in court if your claim is worth less than $10,000 and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.  The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

YOU AND PANGOLIN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PANGOLIN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).  ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Arbitration is more informal than a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited.  However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.  An arbitrator should apply the terms of the Terms as a court would.  All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of the Terms, or the interpretation of the prohibition of class and representative actions and non-individualized relief, shall be for a court of competent jurisdiction to decide.

If you are based in the United States, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this agreement to arbitrate.  The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.  The use of the word “arbitrator” herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this agreement to arbitrate.  If you are based internationally, the arbitration will be conducted under the rules of the International Chamber of Commerce, International Court of Arbitration.

A party who intends to seek arbitration must first send to the other a notice of dispute (“Notice”).  The Notice to Pangolin should be sent in writing and delivered by personal service (which shall include delivery by delivery service and overnight delivery service), sent via e-mail to   (but only if receipt of the e-mail is confirmed by Pangolin), or mailed by United States certified mail as follows:  Pangolin Laser Systems, Inc.,1265 Upsala Road, Suite 1165, Sanford, FL 32771 USA, Attn: Office Manager, Re: Notice of Dispute.   Pangolin will send any Notice to you via certified mail to the shipping address you have provided, via electronic mail (but only if receipt of the e-mail is confirmed by you) or other contact information that you have provided.  It is your responsibility to keep your physical address up to date.  All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and Pangolin are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Pangolin may initiate arbitration proceedings.  A form for initiating U.S.-based arbitration proceedings is available on the AAA’s site at www.adr.org.  In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party.  You may send a copy to Pangolin at the following address: Pangolin Laser Systems, Inc., 1265 Upsala Road, Suite 1165, Sanford, FL 32771 USA.

In the event Pangolin initiates an arbitration against you, it will send a copy of the completed form to the contact information that you have provided.  Any settlement offer made by you or Pangolin shall not be disclosed to the arbitrator.

The arbitration shall be held in the county in which you reside or at another mutually agreed location.  If the value of the relief sought is $10,000 or less, you or Pangolin may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Pangolin subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.  In cases where an in-person hearing is held, you and/or Pangolin may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law.  The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Pangolin user to the extent required by applicable law.  The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules or the ICC (as applicable), unless otherwise stated in this agreement to arbitrate.  If the value of the relief sought is $10,000 or less, at your request, Pangolin will pay all filing, administration, and arbitrator fees associated with the arbitration.

Any request for payment of fees by Pangolin for U.S.-based arbitration proceedings should be submitted by mail to the AAA along with your demand for Arbitration and Pangolin will make arrangements to pay all necessary fees directly to the AAA.  If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Pangolin will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive.  In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Pangolin for all fees associated with the arbitration paid by Pangolin on your behalf that you otherwise would be obligated to pay under the applicable arbitration rules.

With the exception of any of the provisions regarding “Prohibition of Class and Representative Actions” and “Non-Individualized Relief,” if an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply.  If an arbitrator or court decides that any of the provisions regarding “Prohibition of Class and Representative Actions” and “Non-Individualized Relief” is/are invalid or unenforceable, then the entirety of this agreement to arbitrate shall be null and void.  The remainder of the Terms and this arbitration agreement, including, but not limited to, the legal disputes provisions, shall continue to apply.

YOU CAN CHOOSE TO REJECT THIS ARBITRATION AGREEMENT BY MAILING PANGOLIN A WRITTEN “OPT-OUT” NOTICE.  THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU FIRST ACCEPT THE TERMS.  YOU MUST MAIL THE OPT-OUT NOTICE TO PANGOLIN LASER SYSTEMS, INC., ATTN: LEGAL DEPARTMENT, RE: OPT-OUT NOTICE, 1265 UPSALA ROAD, SUITE 1165, STANFORD, FL 32837 USA.  YOU MUST PROVIDE YOUR NAME, ADDRESS (INCLUDING ZIP CODE) AND E-MAIL ADDRESS.

 

Notwithstanding any provision in the Terms to the contrary, you and Pangolin agree that if we make any amendment to the arbitration agreement in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Pangolin prior to the effective date of the amendment.  The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Pangolin.  We will notify you of amendments to this agreement to arbitrate by posting the amended terms on the applicable Website(s) at least thirty (30) days prior to the effective date of the amendments.

Unless you and Pangolin agree otherwise, in the event that this agreement to arbitrate is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Pangolin must be resolved exclusively by a state or federal court located in Orange County, Florida, USA  You and Pangolin agree to submit to the personal jurisdiction of the courts located within Orange County, Florida, USA for the purpose of litigating all such claims or disputes.  Nothing contained herein shall exclude any right you may have as a consumer under your local law to request or require an alternative jurisdiction.  In connection with any litigation, including appellate proceedings, arising out of or under the Terms, Pangolin shall be entitled to recover reasonable out-of-pocket costs and reasonable attorneys’ fees.

You agree to file any claim regarding any aspect of the Websites within two (2) years of the time in which the events giving rise to such claim took place, otherwise, any such claim is waived and permanently barred.  You agree that any cause of action arising out of use of or related in any way to the Websites must commence within two (2) years after the cause of action, otherwise, any such cause of action is waived and permanently barred.

10. Legal Use

Children and individuals under the age of eighteen (18) years are not allowed to use the Websites.  By using the Websites, you warrant that you are at least eighteen (18) years of age and have full legal capacity.  If you are under the age of eighteen (18), we ask that you please not use the Websites under any circumstances.

You may use the Websites only as permitted by the Terms and only in a manner consistent with all applicable international, federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States.  Although you may access the Websites from other territories around the world, by accessing the Websites you agree that their use, the use of any material contained on the Websites and the use of all services and features provided, will be governed by the laws and courts of Florida, USA, regardless of where you live, or how these laws may differ from the laws of the country from which you are accessing the Websites.  You may use the Websites only in accordance with the Terms and only for lawful purposes.  You may not abuse the Websites in any way, or use any automated software when accessing and using the Websites.  You may not use the Websites in any manner that violates any law, regulation, treaty or tariff or infringes on the legal rights of any third-party, or in any manner which is defamatory, fraudulent, indecent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.  You may not post content that is offensive or deceptive, to threaten, harass, abuse or intimidate others, to damage the name or reputation of Pangolin or the Websites, its affiliates, or subsidiaries, or in any manner whatsoever which interferes with other persons’ use of services provided by the Websites.  You are prohibited from storing, posting, distributing or transmitting any unlawful content at or through the Websites.  Examples of unlawful content include but are not limited to direct threats of physical harm, stalking, copyrighted, trademarked and other proprietary material used without permission.  Additional prohibited content includes, but is not limited to, programs containing Trojan horses, virus and/or tools to compromise the security of the Websites and/or other sites, suggestions or encouragement of illegal activity, duplicative posting,  “phishing,” “spimming” or “spamming.”  By accessing the Websites, you agree to provide truthful, current, accurate and complete information about yourself.

11. International Use

The Websites may be viewed internationally and may contain references to products or services not available in all countries.  References to a particular Pangolin product or service do not imply that such product or service is appropriate or available to all persons of legal purchasing age in all locations, or that Pangolin intends to, or is able, to make such product or service available in such locations.  Any offer for any product, feature or service made on the Websites is void where prohibited.

12. Modifications

Pangolin reserves the right to update, change or replace any part of the Terms of Service by posting updates and/or changes the Websites.  It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

13. Privacy

Please review our Privacy Policy  and Cookie Policy, which also governs your use of the Websites, to understand our privacy and data practices.  By using or accessing the Websites, you agree that Pangolin can collect and use such user generated content and personal information in accordance with the foregoing policy/policies, as amended from time to time.

14. Provisions Applicable to Users Outside of the United States

The following provisions apply to visitors, vendors, customers, merchants, and/ or contributors of content that may interact with the Websites outside of the United States.

You consent to having your personal data transferred to and processed in the United States.  Like most Internet websites, the Websites are accessible worldwide.  However, not all products or services offered by Pangolin are available to all persons or in all geographic locations.  Pangolin reserves the right to limit the provision of its products and services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides.  If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on the Websites.  You will not use the Websites if you are prohibited from receiving products, services, or software originating from the United States.

15. Entire Agreement

The Terms constitute the entire agreement with respect to the use of the Websites, and supersedes all prior or contemporaneous understandings or agreements, written or verbal, regarding such subject matter.  No amendment to or modification of the Terms shall be binding unless in writing and signed by Pangolin Laser Systems, Inc.

16. No Waiver and Severability

Pangolin’s failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.  Pangolin’s performance under the Term is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of our right to comply with governmental, court and law enforcement requirements with regards to your use of the Websites.  If any provision or portion of the Term is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and the replacement, if any, shall not affect the legality, validity or enforceability of any other provisions or portions of the Terms, and all other provisions of the Terms shall remain in full force and effect.

17. User Suggestions

Unless otherwise expressly agreed to in writing by Pangolin, all suggestions, solutions, improvements, corrections, and other contributions related to the Websites (“User Suggestions”) are freely offered to Pangolin without any claim to ownership or confidentiality by you or any obligation for implementation by Pangolin.  In the event that Pangolin implements a User Suggestion, such implementation shall be owned by Pangolin and nothing in the Terms shall preclude Pangolin from implementing and using the know-how, techniques or procedures acquired by Pangolin.

18. No Third-Party Beneficiaries

No provision of the Terms is intended or shall be construed to provide or create any third-party beneficiary right or any other right of any kind in any person or entity, other than the parties and their successors and assigns.

19. Additional Assistance

If you have any questions or concerns about the Terms, any of our Websites or any Pangolin products or services, please send an e-mail to contact@pangolin.com, call us at call us at +1 407 299 2088, or write to us at: Pangolin Laser Systems, Inc., 1265 Upsala Road, Suite 1165, Sanford, FL 32771 USA. 


LICENSE AGREEMENT AND LIMITED WARRANTY

Carefully read all provisions of the Software and Hardware License Agreement, including the BINDING ARBITRATION and CLASS ACTION WAIVER provisions set forth herein.

This Software and Hardware License Agreement (the "Agreement") constitutes a legally enforceable contractual agreement between you, as a Pangolin licensee ("you" or "licensee"), and Pangolin Laser Systems, Inc. ("Pangolin") as licensor of the Pangolin Materials you are receiving under this Agreement.

If you do not agree to all the terms and conditions of this Agreement, do not use the Pangolin Materials. WITHOUT LIMITATION, BY AFFIRMATIVELY CLICKING ON THE BUTTON LABELED "I AGREE" OR SUCH SIMILAR LABELS AS MAY BE DESIGNATED BY PANGOLIN, AND/OR BY OPENING A PACKAGE, DOWNLOADING A PRODUCT OR OTHERWISE USING ANY OF THE PANGOLIN MATERIALS, YOU ARE CONSENTING TO BE BOUND BY THIS PANGOLIN LICENSE AGREEMENT, AS WELL AS ADDITIONAL TERMS AND POLICIES REFERENCED HEREIN AND/OR MADE AVAILABLE VIA HYPERLINK, AND ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.

If you have purchased a Software or Hardware product from Pangolin, then all provisions in this Agreement shall apply with a few exceptions: (1) If Pangolin Software or Hardware is provided under a separate agreement expressly stating that it applies in place of this Agreement, the terms of that separate agreement shall apply to such Software or Hardware; (2) If Pangolin has authorized you to make evaluation or demonstration ("Demo") use of Software prior to purchasing it, then only the Software and PPSE-related provisions contained herein shall apply to the Demo; and (3) If Pangolin provides you with products it re-sells but does not manufacture, those products are provided only under the terms provided by the manufacturer of such products.

DEFINITIONS

A. "Agreement" means this agreement between you and Pangolin that provides you with the authorization to use the Pangolin Materials, subject to the terms and conditions herein.

B. "Authorized Pangolin Dealer" means Pangolin and those sellers that Pangolin has expressly authorized to sell its products. Authorized Pangolin Dealers should include a conspicuous and prominent notice in/on their sales and marketing materials stating that they are authorized Pangolin dealers.

C. "Hardware" means any hardware board, cable adapter, lens and all related physical materials manufactured by Pangolin. This does not include products that Pangolin re-sells but does not manufacture or certain Pangolin products provided under separate agreements that apply in place of this Agreement.

D. "Intellectual Property" or "Pangolin Intellectual Property" means Pangolin's proprietary rights in the Pangolin Materials, including but not limited to patent rights (including patents, patent applications and disclosures), trademark or service mark rights (including all rights in applications or registrations for marks), copyright rights (including copyright rights in any applications or registrations), moral rights, know-how, and trade secret rights together with all causes of action related thereto as recognized in any country or jurisdiction in the world.

E. "Pangolin Materials" means Pangolin's Software, Hardware, PPSEs and Related Materials.

F. "Prohibited Use" means any use of the Pangolin Materials in violation of this Agreement or other Pangolin Intellectual Property rights, including, but not limited to, the unauthorized uses set forth herein.

G. "PPSEs" means the Pangolin-Provided Show Elements, including frames and animations, layouts, bitmap backgrounds, emoticons, show instructions, workspaces and other support items, that are included with Software distribution media and that may also be provided to you in subsequent updates.

H. "Related Materials" means anything Pangolin provides you in conjunction with this Agreement other than the Software, Hardware and PPSEs, including but not limited to user manuals, help files, tutorial videos, and example bitmaps.

I. "Software" means the software, data, data files, image files, shows, PPSEs and documentation distributed in conjunction with or accompanying this Agreement, whether on CD, DVD, or any other media or received by download or other electronic transmission from Pangolin.

J. "Genuine" means a product manufactured by Pangolin Laser Systems, Inc. located in the USA, or manufactured by Pangolin d.o.o. located in Slovenia, as opposed to a counterfeit (aka fake, pirated) product manufactured by a third party that may resemble a Pangolin product.

1. LICENSE TERMS AND SCOPE; INTELLECTUAL PROPERTY RIGHTS: Your access to the Pangolin Materials, whether through purchase or as a Demo, comes with certain restrictions. Specifically, Pangolin grants you, as a licensee, only a limited, non-exclusive right to use the Pangolin Materials in accordance with the terms, conditions and restrictions of this Agreement. This Agreement also grants you a limited, non-exclusive right to possess and use the Hardware.

You own any media on which the Software is recorded; however, Pangolin retains title to the Software, PPSEs, Hardware and other Pangolin Materials. The license shall not be considered a "sale" of the Software, PPSEs Hardware or other Pangolin Materials. As such, Pangolin retains all right, title and interest in and to the Pangolin Materials and all Pangolin Intellectual Property. You receive no title or ownership, or rights other than those specifically granted herein. Unless otherwise set forth herein, you will not: (a) modify, create derivative works from, distribute or sublicense the Pangolin Materials; (b) in any way allow third parties to exploit the Pangolin Materials; or (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Software's source code, Hardware, PPSEs and Related Materials.

2. TWO YEAR HARDWARE WARRANTY: Pangolin warrants all Hardware manufactured by Pangolin to be free of defects in materials and workmanship under normal use for a period of two years from the date of purchase. Note that Pangolin resells products that are not manufactured by Pangolin. Products not manufactured by Pangolin are covered by the warranties, if any, provided by those manufacturers.

3. DISCLAIMER OF ADDITIONAL WARRANTIES: ALL PRODUCTS, SERVICES, PRODUCT/SERVICE DESCRIPTIONS, SOFTWARE, SOFTWARE UPDATES, HARDWARE, PPSEs AND RELATED MATERIALS ARE PROVIDED BY PANGOLIN ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PANGOLIN AND ITS REPRESENTATIVES OR AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR RELIABILITY OF THE PRODUCTS, SERVICES, SOFTWARE, SOFTWARE UPDATES, HARDWARE, PPSEs AND RELATED MATERIALS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF SAME IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PANGOLIN AND ITS REPRESENTATIVES OR AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO SOFTWARE, SOFTWARE UPDATES, HARDWARE, PPSEs, RELATED MATERIALS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. PANGOLIN AND ITS REPRESENTATIVES OR AGENTS DO NOT WARRANT THAT THE PRODUCTS, SERVICES, SOFTWARE, SOFTWARE UPDATES, HARDWARE, PPSEs, RELATED MATERIALS, PANGOLIN'S SERVERS AND ELECTRONIC COMMUNICATIONS SENT FROM PANGOLIN AND ITS REPRESENTATIVES OR AGENTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

4. SOFTWARE UPDATES: Pangolin typically publishes multiple updates per year on Software products. These Software updates are provided to users who have registered their products with Pangolin ("Registered Users") free-of-charge when downloaded from Pangolin websites. When Software updates are ordered on DVD or USB media, Pangolin may charge a nominal fee to cover the cost of the media, shipping and handling. These Software updates may be required to maintain Software compatibility, provide security updates or fixes, or offer new features and functionality. Additionally, Software products including QuickShow and BEYOND must be updated periodically, to ensure their continued operation. Because of this, Pangolin recommends that you obtain and install a Software update at least once per year. If you have a fixed installation or long-term touring operation where periodic Software updates would be impractical, please contact Pangolin to obtain a file or activation code that will enable the Software to operate perpetually without updates.

5. ADDITIONAL BENEFITS FOR PURCHASES MADE THROUGH AUTHORIZED DEALERS: If you purchased a Genuine software product from an Authorized Pangolin Dealer (which includes Pangolin), Pangolin offers you a 90-day money-back guarantee. If you are dissatisfied in any way, return the Software and any included Hardware by the 90th day in undamaged, resalable condition to the company from whom you purchased it via Registered Mail or similar insurable, traceable delivery service (example: FedEx, DHL, UPS, etc.). Any payments you made to an Authorized Pangolin Dealer will be refunded, less any shipping or related fees incurred. Your purchase from an Authorized Pangolin Dealer may also entitle you to other benefits, including the materials available on the Pangolin Cloud. This 90-day money back guarantee and other benefits for purchases from Authorized Pangolin Dealers are non-transferable and do not apply to any purchases made from any sellers other than Authorized Pangolin Dealers.

6. DISPUTE RESOLUTION, BINDING ARBITRATION AND CLASS ACTION WAIVER: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS THAT YOU AND PANGOLIN HAVE AGAINST EACH OTHER ARE RESOLVED.

If a dispute arises between you and Pangolin, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Pangolin may always be reported via email to contact@pangolin.com, or by calling +1-407-299-2088, Monday through Friday from 10:00 AM EST to 6:00 PM EST.

Otherwise, you and Pangolin agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Agreement will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.

You agree that the laws of the State of Florida (USA), without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Pangolin, except as otherwise stated herein.

YOU AND PANGOLIN EACH AGREE THAT ANY AND ALL DISPUTES OR CLAIMS THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND PANGOLIN RELATING IN ANY WAY TO OR ARISING OUR OF THIS OR PREVIOUS VERSIONS OF THIS AGREEMENT, OTHER THAN INTELLECTUAL PROPERTY CLAIMS, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in court if the claim is worth less than $10,000 and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

YOU AND PANGOLIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PANGOLIN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. All issues subject to arbitration are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement, or the interpretation of the prohibition of class and representative actions and non-individualized relief, shall be for a court of competent jurisdiction to decide.

If you are based in the United States, the arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this agreement to arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this agreement to arbitrate. If you are based internationally, the arbitration will be conducted under the rules of the International Chamber of Commerce, International Court of Arbitration.

A party who intends to seek arbitration must first send to the other a notice of dispute ("Notice"). The Notice to Pangolin should be sent in writing and delivered by personal service (which shall include delivery by delivery service and overnight delivery service), sent via e-mail to contact@pangolin.com (but only if receipt of the e-mail is confirmed by Pangolin), or mailed by United States certified mail as follows: Pangolin Laser Systems, Inc., 1265 Upsala Road, Suite 1165, Sanford, FL 32771 USA, Attn: Office Manager, Re: Notice of Dispute. Pangolin will send any Notice to you via certified mail to the shipping address you have provided, or via electronic mail (but only if receipt of the e-mail is confirmed by you). It is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and Pangolin are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Pangolin may initiate arbitration proceedings. A form for initiating U.S.-based arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Pangolin at the following address: Pangolin Laser Systems, Inc., 1265 Upsala Road, Suite 1165, Sanford, FL 32771 USA.

In the event Pangolin initiates an arbitration against you, it will send a copy of the completed form to the shipping or electronic mail address we have on file. Any settlement offer made by you or Pangolin shall not be disclosed to the arbitrator.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Pangolin may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Pangolin subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Pangolin may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Pangolin user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules or the ICC (as applicable), unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, at your request, Pangolin will pay all filing, administration, and arbitrator fees associated with the arbitration.

Any request for payment of fees by Pangolin for U.S.-based arbitration proceedings should be submitted by mail to the AAA along with your demand for Arbitration and Pangolin will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Pangolin will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Pangolin for all fees associated with the arbitration paid by Pangolin on your behalf that you otherwise would be obligated to pay under the applicable arbitration rules.

With the exception of any of the provisions regarding "Prohibition of Class and Representative Actions" and "Non-Individualized Relief," if an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply. If an arbitrator or court decides that any of the provisions regarding "Prohibition of Class and Representative Actions" and "Non-Individualized Relief" is/are invalid or unenforceable, then the entirety of this agreement to arbitrate shall be null and void. The remainder of this Agreement and this arbitration agreement, including, but not limited to, the legal disputes provisions, shall continue to apply.

YOU CAN CHOOSE TO OPT-OUT OF THIS ARBITRATION AGREEMENT BY MAILING PANGOLIN A WRITTEN "OPT-OUT" NOTICE. THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU FIRST ACCEPT THIS PANGOLIN LICENSE AGREEMENT. YOU MUST MAIL THE OPT-OUT NOTICE TO PANGOLIN LASER SYSTEMS, INC., ATTN: Pangolin Laser Systems, Inc., ATTN: Legal Department, RE: OPT-OUT NOTICE, 1265 Upsala Road, Suite 1165, Sanford, FL 32771 USA. YOU MUST PROVIDE YOUR NAME, ADDRESS (INCLUDING ZIP CODE) AND E-MAIL ADDRESS.

Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to the arbitration agreement in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Pangolin prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Pangolin. We will notify you of amendments to this agreement to arbitrate by posting the amended terms online at least 30 days prior to the effective date of the amendments.

For any Intellectual Property claim or claims or, in the event that this agreement to arbitrate is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute you assert between you and Pangolin must be resolved exclusively by a state or federal court located in Seminole County, Florida. For any Intellectual Property claim or claims, or in the event that this agreement to arbitrate is found not to apply to you or to a particular claim or dispute, any claim or dispute Pangolin asserts against you must also be resolved exclusively by a state or federal court located in Seminole County, Florida, or, at Pangolin's option, any court or tribunal in which you are subject to jurisdiction. You and Pangolin agree to submit to the personal jurisdiction of the courts located within Seminole County, Florida for the purpose of litigating all such claims or disputes. In the event a party files suit in a court or tribunal in accordance with this Agreement because the dispute involves an Intellectual Property claim or claims, any other claims or matters asserted by either party that arise out of or relate to this Agreement may also be resolved in the same court or tribunal. Nothing contained herein shall exclude any right you may have as a consumer under your local law to request or require an alternative jurisdiction. In connection with any litigation, including appellate proceedings, arising out of or under this Agreement, Pangolin shall be entitled to recover reasonable out-of-pocket costs and reasonable attorneys' fees.

You agree to file any claim regarding any aspect of this Agreement within two years of the time in which the events giving rise to such claim took place, otherwise, any such claim is waived and permanently barred. You agree that any cause of action arising out of use of or related in any way to the Websites, the Pangolin software, software updates, hardware, PPSEs or Related Materials must commence within two years after the cause of action, otherwise, any such cause of action is waived and permanently barred.

7. REGISTRATION; E-MAIL COMMUNICATION ABOUT UPDATES AND PROMOTIONAL MATERIALS: In order to access Pangolin products and services, and to take advantage or use some of the features offered on our family of websites, you may be required to register and/or provide personally identifiable information. Additionally, by completing a Pangolin registration form, order form and/or downloading Software updates, you are giving your consent to receive information about Software updates in addition to promotional materials, offers and newsletters from Pangolin, sent occasionally via e-mail.

If you do not wish to receive promotional materials, offers and newsletters via e-mail, you may request to be removed from our database by using the opt-out mechanism listed in the messages you receive or by contacting us directly. If you remove your information from Pangolin's database, it will no longer be used by Pangolin to send promotional communications to you. For more information, please see the Pangolin Privacy Policy found at www.pangolin.com/privacy_policy.

8. MUSIC RIGHTS NOTICE: As part of the Software, shows may be included for which the laser artist has suggested particular songs or music. Pangolin warrants that it has obtained appropriate music rights to any CD tracks, MIDI or waveform files which may be furnished on the Software distribution media (e.g., disks or CD) or download file, and that it has and will maintain the full power and authority to grant the intellectual property and other rights granted herein without the further consent of any third-party. For all other music, including commercial songs, Pangolin and the laser artist do not provide and are not responsible for performance, synchronization, reproduction or any other music-related rights. YOU ARE SOLELY RESPONSIBLE FOR SECURING ALL NECESSARY MUSIC-RELATED INTELLECTUAL PROPERTY RIGHTS AND CLEARANCES PRIOR TO PLAYING MUSIC IN SYNCHRONIZATION WITH ANY SHOWS INCLUDED WITH THE SOFTWARE, with the exception of music furnished on the Software distribution media or download file.

9. LASER SAFETY NOTICE AND DISCLAIMER: Pangolin does not warrant the use of the Software and Hardware as a means of implementing safety features. It is possible for the Software and Hardware to fail in such a way so as to increase the risk of unsafe laser exposure. YOU ARE, THEREFORE, COMPLETELY AND SOLELY RESPONSIBLE FOR, WITHOUT LIMITATION, SCAN-FAIL SAFEGUARDS, BEAM STOPS, AUDIENCE SEPARATION DISTANCES, AIRCRAFT OBSERVERS, MEASUREMENTS AND CALCULATIONS AND/OR ANY OTHER MEASURES NECESSARY TO PREVENT THE SOFTWARE AND HARDWARE FROM PRESENTING A LASER SAFETY HAZARD.

10. USE OF PANGOLIN-PROVIDED SHOW ELEMENTS ("PPSEs"): In general, PPSEs may be included in productions that are for your own use, and in productions that you perform for audiences. PPSEs may also be included in frame files, workspace files and similar files that you create and transfer to others who are licensed to use Pangolin software, as long as those files are transferred in original Pangolin file formats. Any laser projection of PPSEs must be output from Genuine Pangolin Hardware, such as QM2000, FB3, FB4, and other future Pangolin hardware products.

All other uses of PPSEs are prohibited, including but not limited to: (a) directly transferring Pangolin PPSE files to others; (b) indirectly transferring PPSEs via files you create and send to others who are not licensed to use Pangolin software; and (c) recording PPSEs into laser-projectable formats for later output via non-Pangolin hardware.

This paragraph about PPSEs does not apply to: (a) show elements you create; (b) display of PPSEs in video and film; (c) PPSEs owned by others when transferred with the owner's permission; and (d) PPSEs in the public domain such as ILDA test pattern frames.

11. LIMITATION OF LIABILITY: PANGOLIN AND ITS REPRESENTATIVES OR AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS OF USE OF ANY KIND ARISING OR RESULTING FROM THE USE OF ANY PANGOLIN PRODUCTS, SERVICES, SOFTWARE, SOFTWARE UPDATES, HARDWARE, PPSEs AND RELATED MATERIALS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR OTHER COSTS, EXPENSES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR OR RELATED TO, UNAPPROVED PRODUCT MODIFICATIONS, IMPROPER USE OF PANGOLIN PRODUCTS AND SERVICES, MUSIC RIGHTS, LASER SAFETY RELATED DAMAGES, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), EVEN IF PANGOLIN AND ITS REPRESENTATIVES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU ASSUME THE ENTIRE COSTS OF ALL NECESSARY SERVICING, REPAIRS, SAFETY MEASURES OR CORRECTIONS. IN NO EVENT SHALL PANGOLIN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SOFTWARE OR HARDWARE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. INDEMNIFICATION: You agree, at your own expense, to defend, indemnify and hold harmless Pangolin (including its officers, directors, employees and agents) from and against any third-party liabilities, claims, demands or suits asserting a claim or claims against Pangolin as a result of injury caused by your use of the Software, Hardware, PPSEs or Related Materials, or any claim relating to your use of the Software, Hardware, PPSEs or Related Materials in a manner not contemplated by or forbidden by Pangolin's instructions or documentation, in violation of this Agreement and your warranties contained herein, or in violation of applicable law, rule or regulation. You agree to pay all damages awarded or agreed to under a settlement of such claim (provided, however, you may not enter into any settlement that imposes a financial obligation or admission of liability on Pangolin without Pangolin's prior written consent).

13. NON-PAYMENT: Pangolin may provide you with its products, including, without limitation, Software and Hardware, even though the mutually-agreed-upon purchase price has not been fully paid by you and fully received by Pangolin. Examples include, but are not limited to, demonstration-related use of Software, systems provided on credit or time payments, or systems provided in return for goods or services not yet furnished by you. In the event of non-payment, or non-deliverance of goods or services, Pangolin may require prompt return and cessation of use of the Software and Hardware at any time, at your sole expense. Pangolin may also electronically terminate your ability to use the Software, Hardware, PPSEs and/or Related Materials until the mutually-agreed-upon price has been fully paid.

14. INTELLECTUAL PROPERTY RIGHTS: With the exception of those rights expressly granted herein, all rights to the Hardware, Software, PPSEs and all other Related Materials are retained by Pangolin.

15. PERMITTED COPIES AND MULTIPLE INSTALLATIONS: The Software may be installed to hard disk or similar mass storage device. The Software may be installed on more than one computer provided that (a) you maintain control over the computer(s) to prevent unauthorized copying of the Software; (b) you have obtained a license from Pangolin to operate the Software at each location; and (c) only one computer and one set of Pangolin Hardware (when included with the Software) is in use at any one time. This provision is intended for your convenience in carrying or shipping only the Pangolin Hardware rather than an entire computer. This provision is not to be used as a means of violating this Agreement, creating illegal copies, working on two copies of the Software simultaneously, or any other prohibited uses.

16. PROHIBITED USES: AS APPLICABLE, YOU AGREE NOT TO USE, OR ALLOW A THIRD PARTY TO USE, ANY PANGOLIN SOFTWARE, HARDWARE, PPSEs, RELATED MATERIALS, PRODUCTS, SERVICES, APPLICATIONS OR TECHNOLOGIES IN VIOLATION OF APPLICABLE INTERNATIONAL, FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS AND REQUIREMENTS. In addition to those set forth elsewhere herein, prohibited uses include, but are not limited to modifications to the Software or Hardware made for the purpose of evading identification or copy protection, intercepting files, data streams or function calls for the purpose of evading security, converting image data into formats not reasonably contemplated and expressly authorized in writing by Pangolin, and/or otherwise using Pangolin products for anything other than the intended purpose. IN ADDITION, USING PANGOLIN PRODUCTS IN VIOLATION OF THE TERMS SET FORTH IN THIS PANGOLIN LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE INTENT TO COPY FEATURES OR TO CREATE PRODUCTS THAT DUPLICATE FUNCTIONALITY IS STRICTLY PROHIBITED. You shall not permit the Software or Hardware to be copied by, given to, or otherwise distributed to a third-party for a prohibited use. Pangolin's Software is specifically designed to work with Genuine Pangolin Hardware, and it is a violation of this Agreement to load Pangolin Software designed to run on Genuine Pangolin Hardware onto any other hardware, or to load or use unauthorized software on Genuine Pangolin Hardware. You shall strictly control access to the Software and Hardware so that no prohibited use occurs, with or without your knowledge or consent. YOU ARE SOLELY RESPONSIBLE FOR ANY PROHIBITED USES THAT VIOLATE THIS PANGOLIN LICENSE AGREEMENT, REGARDLESS OF YOUR INTENT AT THE TIME THE VIOLATION IS COMMITTED, INCLUDING, WITHOUT LIMITATION, BOTH NEGLIGENT ACTIONS AND OMISSIONS.

17. PROOF OF PURCHASE: As a condition of providing support and updates, Pangolin may require proof of purchase such as communication of the unique serial number in your Software and Hardware, as well as communication of the name of the person, dealer or entity that sold you the Pangolin product.

18. SUPPORT AND TRAINING. Pangolin attempts to provide commercially reasonable support for Registered Users at no additional cost, in order to assist them in understanding how to use Pangolin's Software, Hardware and PPSEs. Pangolin cannot guarantee that every issue will be resolved, or that every issue will be appropriate for resolution by Pangolin. Moreover, Pangolin provides support for the current version of its Software (which Registered Users can download at no charge from Pangolin's web site) but has no obligation to provide support for prior versions.

Support is generally provided during Pangolin's normal office hours, which are from 10 AM to 6 PM Eastern time, excluding holidays and weekends. Although Pangolin does not guarantee that support will be provided outside of these normal office hours, Registered Users are free to contact us at any time, since we are often in the office and available.

For urgent matters, Pangolin encourages Registered users to contact us by telephone using the telephone numbers found on the Pangolin web site under "Support", and also found in the ABOUT box of the Software. For non-urgent matters, Registered Users may create a "support ticket", or may contact us by email, or use our support forum, as described in the Support section of the web site.

In addition to the support described above, Pangolin also holds training sessions from time to time, typically several times per year, in different cities around the world. The training sessions are provided at no additional cost for Registered Users, but attendees must arrange for transportation, lodging and any other expenses they may incur at their own expense.

Pangolin endeavors to handle support issues with its customers professionally and in a respectful manner and expects its customers to do the same. Pangolin reserves the right to discontinue sales, service, support and training to any customer who, at Pangolin's sole discretion, does not interact with Pangolin with the same professional courtesy and respect that Pangolin provides, or that otherwise abuses the support Pangolin provides.

19. AGREEMENT LENGTH AND TERMINATION PROCEDURE: This Agreement is effective until terminated. You may terminate this Agreement at any time by sending written notice to Pangolin Laser Systems, Inc. If you fail to comply with any provisions of this Agreement, it will terminate immediately without notice from Pangolin. Upon termination, whether by you (voluntarily) or by Pangolin (due to violation of this Agreement), the licenses granted herein will cease and you must (a) return the Software, Hardware, PPSEs and all Related Materials to Pangolin, (b) erase all copies of the Software, PPSEs and Related Materials, including backups and archival copies in your possession, custody or control, and (c) send a certified or traceable (e.g., FedEx) letter to Pangolin signed by you attesting to your compliance with this termination provision.

In addition to termination, Pangolin reserves the right to pursue all claims for violation of Intellectual Property or other rights and will pursue such actions as are available at law or in equity for continuing, flagrant or egregious violations. In the event of a material breach of this Agreement, you understand that Pangolin may remotely terminate your ability to use the Software, Hardware, PPSEs and/or Related Materials and that such termination may be temporary or permanent, at Pangolin's sole discretion.

Any and all provisions of this Agreement that by their nature are intended to survive termination to fulfill their essential purpose(s), shall so survive.

20. NOTICES: All notices, requests, consents and other communications required, or permitted hereunder shall be provided in writing and delivered by personal service (which shall include delivery by delivery service and overnight delivery service), sent via e-mail to contact@pangolin.com (but only if receipt of the e-mail is confirmed by the receiving party), or mailed by United States certified mail as follows: Pangolin Laser Systems, Inc., 1265 Upsala Road, Suite 1165, Sanford, FL 32771 USA. If for you, at the shipping or electronic mail address you have provided. Such communications shall be effective on receipt when personally delivered or confirmed via e-mail, and effective three business days following deposit with the mail carrier for all other allowable forms of notice.

21. GOVERNING LAW AND INTERPRETATION: Any claim, dispute or controversy relating to this Agreement shall be governed and construed exclusively in accordance with the laws of the United States and the State of Florida, without regard to any jurisdiction's conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply. If, for any reason, a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision of this Agreement shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. The headings used in this Agreement and its division into sections and other subdivisions do not affect its interpretation. This Agreement shall not be construed for or against any party as the drafting party.

22. NO WAIVER AND SEVERABILITY: Pangolin's failure to exercise or enforce any right or provision of the Agreement shall not operate as a waiver of such right or provision. Pangolin's performance under the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of our right to comply with governmental, court and law enforcement requirements with regards to your use of our products and services. If any provision or portion of the Agreement is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and the replacement, if any, shall not affect the legality, validity or enforceability of any other provisions or portions of the Agreement, and all other provisions of the Agreement shall remain in full force and effect.

23. USER SUGGESTIONS: Unless otherwise expressly agreed to in writing by Pangolin, all suggestions, solutions, improvements, corrections and other contributions related to the any Pangolin products and services ("User Suggestions") are freely offered to Pangolin without any claim to ownership or confidentiality by you or any obligation for implementation by Pangolin. In the event Pangolin implements a User Suggestion, such implementation shall be owned by Pangolin and nothing in this Agreement shall preclude Pangolin from implementing and using the know-how, techniques or procedures acquired by Pangolin.

24. INDEPENDENT CONTRACTORS: The parties to this Agreement are independent contractors, and this Agreement does not give rise to any partnership, joint venture, employment, franchise, or agency between the parties. Unless expressly authorized to do so under in this Agreement, no party will have the power to bind any other party or incur obligations on any other party's behalf without that party's prior written consent.

25. NO THIRD-PARTY BENEFICIARIES AND ASSIGNMENT: No provision of this Agreement is intended or shall be construed to provide or create any third-party beneficiary right or any other right of any kind in any person or entity, other than the parties and their successors and assigns.

Neither party may assign this Agreement or any of its rights or obligations hereunder without the other's express written consent, except that either party may assign this Agreement to the surviving party in a merger of that party into another entity. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.

26. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement with respect to the use of Pangolin products and services, and supersedes all prior or contemporaneous understandings or agreements, written or verbal, regarding such subject matter. In the event of any conflict between the terms of this Agreement and any other Pangolin terms, legal notices, agreements or policies, the terms of this Agreement shall govern. NO REPRESENTATIVE, EMPLOYEE OR DEALER SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES PROVIDED HEREIN. No amendment to or modification of the Agreement shall be binding unless in writing and signed by Pangolin Laser Systems, Inc. The parties agree that the terms of this Agreement shall not be construed in favor of or against either party by reason of authorship.

27. ADDITIONAL ASSISTANCE: If you have any questions or concerns about the Agreement or any Pangolin products or services, please send e-mail to contact@pangolin.com, call us at +1-407-299-2088, or write to us at:
Pangolin Laser Systems, Inc., 1265 Upsala Road, Suite 1165, Sanford, FL 32771 USA.

28. ELECTRONIC SIGNATURE: You acknowledge and agree that by accessing this Agreement via, without limitation, accessing the Software and/or links made available on, via or within the Pangolin family of websites, that you expressly assent to the terms hereof electronically by clicking on the button labeled "I Agree" or such similar labels as may be designated by Pangolin to accept this Agreement. You acknowledge and agree that by doing so, you are affixing your electronic signature, you are submitting a legally binding electronic signature and you are entering into a legally binding contract and that Pangolin is affixing its electronic signature by making this Agreement available on Pangolin's web site. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED, COMPLETED OR OFFERED BY PANGOLIN. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Effective: April 21, 2021.

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