Order Terms and Conditions

End User License and Hold Harmless Agreement

 

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU AND SONAM TECHNOLOGIES, LLC. CONCERNING THE USE OF THE ST IMPACT BALL AND ASSOCIATED SOFTWARE. THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND SONAM TECHNOLOGIES, LLC. BY RECEIVING AND USING THE ST IMPACT BALL, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE ST IMPACT BALL. PROMPTLY RETURN THE ST IMPACT BALL, INCLUDING ALL ASSOCIATED MATERIALS, EQUIPMENT, AND PACKAGING AND YOU WILL RECEIVE A FULL REFUND.

This AGREEMENT (this “Agreement”) is made effective on (purchase date) by and between the Sonam Technologies, LLC (hereinafter, “Sonam”), of 50 East Old Mill Road, Lake Forest, Illinois 60045 and “The Purchaser”. Sonam Technologies, LLC and “The Purchaser” are sometimes individually referred to as “Party” and collectively referred to as the “Parties.”

 

LICENSE GRANT

The package contains the ST Impact Ball (“Test Ball”), pre-programmed tablet (“Tablet”), related explanatory written materials (“Documentation”), and associated operating system and application software (“Software”). “You”means the person or company who is purchasing the Test Ball and associated material. “We” and “us” means Sonam Technologies, LLC. We hereby grant you a nonexclusive, limited license to use one ST Impact Ball and associated software on the Tablet provided. This software is licensed for use with one ST Impact Ball and only the ST Impact Ball that was originally provided with the Tablet unless replaced under provisions of the warranty by Sonam Technologies, LLC. Transferring the Software from the provided Tablet to any other device will void this license and warranty.

 

SOFTWARE

Title

We remain the owner of all right, title and interest in the Software and Documentation. You will agree to use your best efforts to protect the software from unauthorized use, illegal reproduction, or illicit distribution.

 

Copyrights and Trade Secrets

Sonam Technologies, LLC.owns all rights to the Software. This agreement does not convey ownership of the software to you, but only the right to use a copy of the software strictly in accordance with this agreement.The unauthorized duplication or distribution of the software or the documentation is an infringement of Sonam Technology’s rights to the software and may be subject to criminal and/or civil penalties.

 

Archival or Backup Copies

You may not copy either the operating system software or application software to any other device.

 

Things You May Not Do

The Software and Documentation are protected by United States copyright laws and international treaties.You must treat the Software and Documentation like any other copyrighted material–for example a book.

You may not:

  • Copy the Documentation
  • Copy the Software
  • Modify, translate, or adapt the Software or merge it into another program
  • Reverse engineer, disassemble, decompile or make any attempt to discover the source code of theSoftware
  • Place the Software onto a server so that it is accessible via a public network such as the Internet
  • Sublicense, rent, lease or lend any portion of the Software or Documentation.

 

Transfers

You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer.

 

Limited Warranty

We warrant that for a period of one year after delivery of this copy of the Software to you the physical media (if any) on which this copy of the Software is distributed will be free from defects in materials and workmanship under normal use, and the Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OFALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANYAND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee,agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

 

DATA COLLECTION AND INJURY RISK CALCULATIONS

The purchaser understands and acknowledges that Sonam will receive, keep and maintain a database of each and every drop the ball makes. We collect this data to assess the use of the ball and performance of various playground safety surfaces. We do not use this data to publicly report how a particular playground’s surface is performing as we do not know if the test drop was part of a safety inspection, a maintenance effort or what the critical fall height of the equipment is. We do use this data to assess both the performance of the ST Impact Ball and how various surfaces perform for impact attenuation and we may use this data for general reporting by surface type, surface depth, fall height, weather conditions and other factors.

Sonam does not make any guarantee as to the performance and protection offered by the safety surface system. Each drop test result is unique to that particular drop, in that exact location at that exact time. The nature of the ST Impact Ball’s impact onto the surface can change the surface’s impact attenuation characteristics. Each individual drop provides a results for that exact spot, at that exact time and that use, weather conditions. Maintenance, use, weather, age of the surface, type of the surface, displacement of the surface and other factors can all change the surface’s ability to attenuate an impact from one spot to the next as well as one moment to the next. As such, we recommend testing the surface across a variety of location from a variety of heights daily to obtain the best understanding of how the surface performs.

The brain injury risk levels calculated by the ST Impact Ball are estimates. The ST Impact Ball is a highly sensitive testing device designed to provide consistent and accurate inputs for fall height, impact velocity, impact time and gravitational forces. This data is collected and used to calculate a head injury criterion score based on the Prasad Mertz curve. The Prasad Mertz curve is a highly recognized tool for assessing brain injury risks using time and gravitational forces. While the ST Impact Ball is a highly sensitive device, it is important to understand that it cannot possibly assess the risks for all falls where a head impacts the surface as rotational forces, angle of impact and other variables from when a person falls are not calculated by the device.

 

HARDWARE WARRANTY, LIABILITY LIMIT AND EXCLUSIVE REMEDY

Our entire liability and your exclusive remedy is as follows:

What is covered:

This warranty covers any defects in materials or workmanship solely on the ST Impact Ball. This coverage is limited to an intended use scenario. Damage to the ST Impact Ball that occurs as the result of non-standard use is not covered.

 

Standard Use:

Standard use for the ST Impact Ball is defined as the use of the device to test for impact attenuating properties on recreational surface systems including playgrounds, sports fields, mats and other recreation surfaces. Further, the maximum height at which the ST Impact Ball is dropped should never exceed the maximum fall height within the prescribed use zone where the recreational surface systems are installed. The ST Impact Ball should never be used to test surfaces such as asphalt, concrete, or other surface types not specifically designed and installed as impact attenuating surfaces. Failure to follow these standard use guidelines immediately voids the warranty and any resulting damage is the responsibility of the user in terms of cost of repair.

 

What is not covered:

Sonam Technologies, LLC. does not warranty the ST Impact Ball against minor wear that occurs as the result of standard use. Minor wear is defined as scratches or abrasions to the surface of the ball that are cosmetic in nature and do not affect the functionality of the test device. The user interface that is included as part of the test package (tablet) is not warranted directly by Sonam Technologies, LLC. and any warranty claims must be filed with the original manufacturer. Likewise, the carrying case for the test device and tablet is not warranted by Sonam Technologies, LLC. and all claims must be filed with the original manufacturer.

 

Term of warranty:

From initial date of shipment the ST Impact Ball is warranted for one calendar year. The purchaser has the option to ship the S T Impact Ball back to Sonam Technologies, LLC. each year for an annual inspection and diagnostic analysis. The cost of this service is $280 and will extend the underlying warranty for an additional year.

 

How to file a claim:

The purchaser must file a formal warranty claim, in writing, to Sonam Technologies, LLC with a full description of the claim. The purchaser must ship the ST Impact Ball back to Sonam Technologies for analysis and if it is determined that the damage is as a result of normal use (as previously described) the purchaser will receive at no cost either a new ST Impact Ball or their original ST Impact Ball. This option is solely determined by Sonam Technologies, LLC.

 

TERM AND TERMINATION
This license agreement takes effect upon your use of the Impact Ball and remains effective until terminated.You may terminate it at any time by returning the Impact Ball, Tablet, and all associated documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement.

 

CONFIDENTIALITY

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITHTHIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

 

GENERAL PROVISIONS

  • This written license agreement is the exclusive agreement between you and us concerning the ST Impact Ball,Software, and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Impact Ball, Software, and Documentation.
  • This license agreement may be modified only by a written agreement signed by you and us that specifically supersedes this agreement.
  • This license agreement is governed by the laws of the State of Illinois.
  • You agree that theST Impact Ball, Software, or Documentation will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws,restrictions or regulations.
  • Sonam Technologies reserves the right to change any or all of this policy at any time.

 

Hold Harmless Agreement

WHEREAS The Purchaser desires to hold harmless Sonam from any claims and/or litigation arising out of the use and test results of the ST Impact Ball and related software and calculations provided by Sonam.

NOW THEREFORE, in consideration of the mutual covenants, conditions, and other good and valuable considerations contained herein, Sonam and The Purchaser hereby agree as follows:

TERMS

  1. Hold Harmless. The Purchaser shall fully defend, indemnify, and hold harmless Sonam from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever ( including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part The Purchaser, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers . This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and any reimbursements to Sonam for all legal fees, expenses, and costs incurred by it.
  2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective Party.
  3. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
  4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
  5. Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys’ fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.
  6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters.
  7. Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under Illinois law. In the event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under Illinois law.
  8. 8.Applicable Law. This Agreement shall be governed exclusively by the laws of Illinois, without regard to conflict of law provisions.
  9. Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of Illinois. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue.

 

EQUIPMENT RENTAL AGREEMENT

This Equipment Rental Agreement (“Agreement”) is effective as of the date of the date of delivery (“Delivery Date”), and is made between Sonam Technologies, an LLC organized under the laws of Delaware, with offices at 55 East Old Mill Road Lake Forest, IL 60045 (“Owner”), and Insert Renter Name (“Renter”). Owner and Renter are hereinafter collectively referred to as “Parties”.

Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement:

One ST Impact Analyzer CH (“Equipment”)

  1. Term. This Agreement shall commence on the Delivery Date (certified via UPS document) and remain in full force and effect until Equipment is shipped back to Owner (“Return Shipment Date”). Renter shall solely be responsible for shipping the Equipment back to Owner unless alternate terms are agreed upon in writing by Owner.
  2. Payment. Renter shall pay the following:
    • $40 freight to cover shipment of equipment to and from Renter
    • $350 for one week rental
    • $500 for two weeks rental
    • $750 for three weeks rental

    and authorize Owner to charge the debit card or credit card on file with Owner an amount equal to all payments and fees due under this Agreement.

    Renter shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:

    • a) charges for optional services, if any;
    • b) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
    • c) a $50 charge per day for late return of the Equipment or the highest amount allowable under law;
    • d) unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term;
    • e) all expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment;
    • f) all costs incurred to collect unpaid monies due; and
  3. Care of Equipment. Equipment can only be used in a careful and proper manner as prescribed in the operations manual provided by Owner and shall not be used in any way that is inconsistent with Owner’s instructions or manuals.
  4. Repair and Alterations. The costs of all repairs made during the Term shall be paid by Renter, including but not limited to labor, material, parts and other items. Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.
  5. Restrictions on Use. Renter shall not:
    • a) permit the Equipment to be used by any person who is not authorized to use such Equipment;
    • b) operate or use the Equipment or permit it to be operated or used in violation of law;
    • c) operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or
    • d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.
  6. Loss or Damage. Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment.
  7. Condition of Equipment. The Condition of Equipment Checklist (“Checklist”) attached is hereby incorporate by reference. Renter acknowledges that Renter has examined the Equipment and that it is in good condition except as otherwise specified in the Checklist. OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  8. Return of Equipment. Renter shall return Equipment on the date specified in Section 1 in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Equipment to the agreed return location. If Equipment is not returned on said date, Owner reserves the right to take any action necessary to regain possession of the Equipment.
  9. Termination. This Agreement shall terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.
  10. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
  11. Ownership. Owner shall at all times retain ownership and title to the Equipment. Renter shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure.   Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
  12. Waiver. No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.
  13. Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
  14. Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
  15. Assignment. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
  16. Headings. Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
  17. Counterparts. This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.

Sonam Technologies, LLC
55 East Old Mill Rd.
Lake Forest, IL 60045
www.sonamtechnologies.com
[email protected]
 

Drop the Ball

The easy-to-use ST Impact Analyzer is used on playgrounds, sports fields, and anywhere there is a risk of a head impacting the ground, to identify the risk of a brain injury before it happens.

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Contact

Sonam Technologies, Inc.
9800 Connecticut Dr
Crown Point, IN 46307

Phone: 844-887-6626
E-Mail: [email protected]