Gumstix Terms and Conditions

Subject to the these terms and conditions, Gumstix grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use our made-to-order service Geppetto ("Service") for the sole and limited purpose of providing us with information related to a potential hardware design ("Design"). The Service is licensed to you for your internal use only. In connection with your use of the Service, you shall comply with all applicable laws, rules and regulations. You shall not, and shall not permit any third party to: (i) copy, modify, translate, or create derivative works of the Service; (ii) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of any part of the Service, (iii) lend, lease, offer for sale, sell or otherwise use any part of the Service for the benefit of third parties; or (iv) attempt to circumvent any license, timing or use restrictions that are built into any part of the Service.

 

Subject to the these terms and conditions, you grant Gumstix a limited, non-transferable license to make, have made, use, sell, reproduce, distribute and display your Design as required to (i) manufacture hardware based on your Design, either at your request or at the request of your explicit or implicit designee ], and (ii) share your Design with third parties of your choosing. If you ask Gumstix to manufacture [hardware] based on your Design, your order is subject to Gumstix's standard ordering terms, and you are solely responsible to pay Gumstix all fees associated with your order.

When you use our made-to-order service Geppetto, you are providing us with information related to a potential hardware design ("Design"). By default, your Design is private, and we will not share your Design with any third party except as required to build the Design. However, you can also choose to share your Design with specific third parties that you select or the entire Gumstix community. Please be careful not to share any design that you wish to keep private, as Gumstix has no control over any third parties with whom you share a design.

Please read carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to Gumstix indicates acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Gumstix. Gumstix reserves the right to make changes to this site and these terms and conditions at any time. The boards are intended for use for ENGINEERING DEVELOPMENT, DEMONSTRATION, OR EVALUATION PURPOSES ONLY and are not considered to be finished final products for end use, whether consumer, industrial, or otherwise. They have not been tested for compliance within the limits of computing devices pursuant to part 15 of FCC rules for reasonable protection against radio frequency interference.  Certain designs may include devices which have separate modular approval from the FCC,  but such certification is in no event to imply the boards have received system approval, and use thereof as part of other devices requires the user's own analysis of and compliance with FCC requirements.  If operation in some environments is shown to cause interference with radio communications, the user at its own expense will be required to take whatever measures may be required to correct this interference.

Orders placed with Gumstix are non-cancellable and, generally, non-refundable, except in special circumstances or where we have issued an RMA under warranty terms.

 

In exceptional circumstances, Gumstix may, at its sole discretion, accept returns for items, provided they are unopened in their original packaging, and issue a refund minus a 15% restocking fee. You must have an RMA number before returning a shipment.

Online Pricing Policy

Online orders placed at www.gumstix.com must be prepaid using a credit card. Once the order is placed, the customer's credit card will be charged for the purchase amount by www.authorize.net. In reference to the Federal Trade Commission, the ship date for back ordered items can be up to 12 weeks. As per PCI compliance, Gumstix does not see or retain credit card information provided by the customer. 

Volume Pricing Policy

An "order confirmation payment" of 35% of the total amount quoted is required by wire transfer in order to place a volume quotation into an active order. Full payment of the total amount (the remaining 65%) is required by wire transfer prior to shipment of a volume order.

Gumstix does not accept purchase orders.

Visit pricing details for more information.

This site is owned and operated by Gumstix unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Gumstix, Copyright ©2004, ALL RIGHTS RESERVED. All software used on the site is the sole property of Gumstix or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Gumstix' prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

"Gumstix" and "dream, design, deliver" are registered trademarks, trademarks or service marks of Gumstix. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Gumstix. All other trademarks or service marks are property of their respective owners'. The use of any Gumstix trademark or service mark without Gumstix' express written consent is strictly prohibited.

All other trademarks not owned by Gumstix that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gumstix.

View the Gumstix trademark and logo usage guidelines for more information.

XScale^® is a registered trademark of Intel Corporations and its subsidiaries in the United States and other countries.

Linux^® is a registered trademark of Linus Torvalds.

Ubuntu^® is a registered trademark of Canonical, Ltd.

Bluetooth^® is a registered trademark of Bluetooth SIG. To learn more, visit www.bluetooth.org.

Windows^® is a registered trademark of Microsoft Corporation in the United States and other countries.

SourceForce^™ and OSDN^™ are trademarks of VA Software Corporation.

All other trademarks are the property of their respective owners.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Gumstix shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Gumstix shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Gumstix shall immediately issue a credit to your credit card account in the amount of the charge.

 

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Gumstix is not responsible for the operation of or content located on or through any such site.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. www.gumstix.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. Gumstix reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

 

Sales Tax

Gumstix shall automatically charge and withhold California state sales tax for each order shipped to an address within the state of California. Each customer shall be solely responsible for all sales taxes, and other taxes, on orders shipped to any other state.

Please note: For shipments out of United States of America, importation duties and taxes can result in as much as 50% in additional charges. Please check with your country importation requirements and costs before ordering as you will be responsible for these charges separately from your order at www.gumstix.com.

You agree that any legal action brought against Gumstix shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the www.gumstix.com sites shall be an appropriate federal or state court located in San Mateo County California.

Gumstix products ("the Product(s)") are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, medical devices, direct life-support machines, or any other application in which the failure of the Product could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). The Company expressly disclaims any express or implied warranty of fitness for High Risk Activities.

Exports, re-exports, and transfers of Gumstix products, including technology, software, software source code, technical data, related technology, and the direct products thereof (collectively “Gumstix Products”) are subject to US export controls and sanctions, including, but not limited to, those administered by the Commerce Department’s Bureau of Industry and Security (“BIS”) under its Export Administration Regulations (“EAR”) (15 Code of Federal Regulations Parts 730-774), the Treasury Department’s Office of Foreign Assets Controls (“OFAC”) under its Foreign Assets Control Regulations (31 Code of Federal Regulations Part 500), and also to other applicable export control laws and regulations of non-U.S. government agencies (collectively, “Export Controls”).

 

You acknowledge and agree that you will comply, and will ensure that your subsidiaries (as applicable) comply, with Export Controls as they relate to Gumstix Products. You further acknowledge and agree that Gumstix Products may not be exported, re-exported, transferred, or resold to a person or entity barred by the U.S. Government (collectively, “Denied Persons”) from participating in export activities. Denied Persons include, but are not limited to, those individuals or entities listed on the Commerce Department’s Denied Persons List, the Commerce Department’s Entity List, the Directorate of Defense Trade Controls’ List of Statutorily Debarred Parties, and the Treasury Department’s List of Specially Designated Nationals.

 

Unless prior authorization is obtained from BIS, OFAC, or any other responsible U.S. Government agency, neither you nor your subsidiaries shall (i) sell, export, re-export, transfer, resell or release, directly or indirectly, any Gumstix Products, or export, directly or indirectly, any direct product of such Gumstix Products to any U.S. embargoed, sanctioned, or restricted destinations as defined in EAR Part 746, EAR Supplement No. 1 to Part 740, Country Group E, or to any entities or enterprises listed in EAR Supplement No. 4 to Part 744; or (ii) export, re-export, transfer, release, purchase, or resell any Gumstix Products for a military end-use or to a military end-user in a country listed in EAR Supplement No. 1 to Part 740, Country Group D1. “Military end-use” means incorporation into a military item described on the U.S. Munitions List (“USML”) (22 Code of Federal Regulations Part 121, International Traffic in Arms Regulations) or the International Munitions List (“IML”) (as set out on the Wassenaar Arrangement website at www.wassenaar.org); or commodities classified under Export Control Classification Numbers (“ECCNs”) ending in “A018” or under “600 series” ECCNs. “Military end-user” means the national armed services (e.g., army, navy, marine, air force, or coast guard), as well as the national guard and national police, government intelligence or reconnaissance organizations, or any person or entity whose actions or functions are intended to support a military end-use. You further acknowledge and agree that Gumstix Products may not be exported, re-exported, transferred, or resold, directly or indirectly, for the design, development, fabrication, or use of nuclear, chemical, or biological weapons or missile technology without U.S. Government authorization.  You also acknowledge and agree to observe all other applicable restrictions concerning other end-uses/end-users according to other laws and regulations (e.g., European Commission regulations or any other national regulations) with respect to your use of any Gumstix Products.  The above lists of U.S. embargoed/sanctioned or restricted destinations, entities or Denied Persons are subject to change.

 

The www.gumstix.com websites and the materials therein are provided as is. Gumstix makes no representations or warranties, either express or implied, of any kind with respect to the www.gumstix.com sites, their operations, contents, information or materials. Gumstix expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Gumstix, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the www.gumstix.com site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

 

LIABILITY TO CUSTOMER ARISING OUT OF OR RELATING TO ANY PRODUCT SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO COMPANY FOR SUCH PRODUCT. IN NO EVENT WILL COMPANY BE LIABLE FOR LOST USE, PROFITS, REVENUE, COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR ANY SPECIAL, INDIRECT, RELIANCE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THE FOREGOING LIMITA-TIONS SHALL APPLY REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

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Gumstix appreciates hearing from its users and welcomes your comments. Please be advised, however, that, if you send Gumstix creative ideas and except as otherwise noted in this document, Gumstix:

1. Shall own, exlusively, all known or later discovered rights to the creative ideas;
2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
3. Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.