Please read this document carefully. It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This document contains a dispute resolution clause.
Gumstix appreciates hearing from its users and welcomes your comments. Please be advised, however, that, if you send Gumstix creative ideas, Gumstix:
- Shall own, exlusively, all known or later discovered rights to the creative ideas;
- Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- 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.
The use of this site is governed by the policies, terms and conditions set forth below.
Terms and Conditions
Please read them 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.
Boards generated by Geppetto are intended for use for ENGINEERING DEVELOPMENT, DEMONSTRATION, OR EVALUATION PURPOSES ONLY and are not considered to be a finished end-product for consumer use. They are not tested for compliance with the limits of computing devices pursuant to part 15 of FCC rules, designed to provide reasonable protection against radio frequency interference. Operation in other environments may cause interference with radio communications, in which case the user at his 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.
Pricing Policies and Payment Methods
Online Pricing Policy
Online orders placed at www.gumstix.com must be prepaid using a credit card. Once the the order is placed, the customer credit card will be authorized for the purchase amount by www.authorize.net. Gumstix will retain the authorization code for order approval. Gumstix does not see or retain credit card information provided by the customer. As the order is shipped, the customer credit card will be billed using the authorization code.
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.
Copyrights and Trademarks
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.
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.
Order Acceptance Policy
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.
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.
Jurisdiction and Venue
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.
High Risk Activities
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.
Export Management and Compliance Program Guidelines (EMCP)
You, the Customer, agree that you shall adhere to all U.S. Export Administration laws and regulations and if exporting or re-exporting any technical data or products received from the Company, or the direct product of such technical data, and shall do so only to a country proscribed to be a country to which Gumstix ships, unless properly authorized by both the Company and the U.S. Government, subject to the limitation described as follows:
No technical data or products received from the Company, or the direct product of such technical data, may be exported to any destination, except the countries listed in supplement no. 3 to part 744 of the EAR (Countries Not Subject to Certain Nuclear End-Use Restrictions in §744.2(a)), if the item is to be incorporated into or used in nuclear weapons, nuclear explosive devices, nuclear testing related to activities described in §744.2(a) of the EAR, the chemical processing of irradiated special nuclear or source material, the production of heavy water, the separation of isotopes of source and special nuclear materials, or the fabrication of nuclear reactor fuel containing plutonium, as described in §744.2(a) of the EAR.
Disclaimer and Limitation of Liability as to Gumstix, Inc.'s Websites
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.
Geppetto and User Designs
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.