1. Definitions. In these Conditions, unless the context requires otherwise:
1.1 “customer” means the person or company who agrees (1) To purchase the programme as mentioned in Package-A www.lumicam.net or (2) opt for Package B.
1.2 “Conditions” means these conditions of sale and any special terms agreed in writing by Lumicam.
1.3 “Contract” means the contract for the sale and purchase of the Goods and services.
1.4 “Delivery Date” means the actual date of Purchase of goods, or Installation of equipment from Lumicam to the customer.
1.5 “Goods” means the articles which the Buyer agrees to Buy or get them installed/ from Lumicam which is labeled as Lumicam.
1.6 “Price” means the price for the Goods excluding, carriage, freight, insurance and import duties or local taxes.
1.7 “Lumicam’’ means the Seller, Lumicam Ltd as stated overleaf and/or any of its affiliated or related companies, authorized distributors, agents or representatives.
1.8 “Installation Charge” means the amount payable by the Buyer for installation work for any installation of equipment.
2. Conditions applicable
2.1 These Conditions shall apply to all Contracts for the sale of Goods by Lumicam to the Buyer to the exclusion of all other terms and conditions including any which the customer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods/services shall be deemed to be an offer by the customer to Purchase the Programme or get the equipment installed and receive data analysis pursuant to these Conditions.
2.3 No order submitted by the customer shall be deemed to be accepted by Lumicam unless and until confirmed in writing by Lumicam.
2.4 The customer shall be responsible to Lumicam for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the customer, and for giving Lumicam any necessary information relating to the Goods within a sufficient time to enable Lumicam to perform the Contract in accordance with its terms.
2.5 Any variations to these Conditions (including any special term agreed between the parties) shall be inapplicable unless agreed to in writing by Lumicam.
2.6. It is hereby agreed, in respect of the customer opting for Package B, the equipment, camera, software & hardware installed are the property belonging to Lumicam, which shall be removed and taken possession by Lumicam at the expiry of the term of contract.
3. Price and Payment
3.1 On acceptance of the terms and conditions, the customer after making payment thru the web site www.lumicam.net can download the programme especially after opting for Package A, In the event of the customer opting for Package B, upon payment received via the above mentioned web site ,Lumicam will take steps to supply the equipment/like, camera, software and hardware within 10 days, for which the customer agrees to pay on a monthly fee, as per Package B.
3.2 The customer shall exercise the option to (1) Pay by credit card, using PAY PAL via www.Lumicam.net OR (2) Issue direct debit or GIRO or remit on a monthly basis in the event of opting for Package B
4. The Goods/Equipment/Services
4.1 The quantity and description of the Goods/ equipment/services shall be as set out in Lumicam’s quotation. Any typographical, clerical and/or other error or omission in the quantity and description of the Goods/equipment/services issued by Lumicam shall be subject to correction without any liability on the part of Lumicam.
4.2 The Goods/equipments/services shall be used by the customer acknowledges and agrees that it will not infringe or pass off any intellectual property rights including but not limited to the Trade Mark Lumicam in relation to the Goods/equipments/services.
4.3 The customer undertakes that at all material times, (1) The Programme downloaded at one time, as per Package A, is the copyright belonging to Lumicam Ltd which shall not be copied or duplicated, or otherwise sold as a resale (2) the Goods/equipment shall carry the Trade Mark of Lumicam, which shall not be removed or allow to be removed the same from the Goods/equipments.
5. Warranties and liability
5.1 Lumicam, warrants that the Goods supplied, as per Package B, will at the Delivery Date correspond to the description given by Lumicam.
5.2 The Goods are guaranteed against manufacturing defects under normal use, Lumicam undertakes to quickly replace the defective goods/equipment in order to analyze data without any disruption. In the event such disruption of data analysis, Lumicam undertakes refund monies of monthly fee.
5.3 This warranty does not cover any loss or damage resulting from any willful act, negligence, misuse, abuse, accident, unauthorized repair or alterations, installation by any third party, unauthorized installation, improper installation and attachments.
5.4 Lumicam shall take steps to obtain Insurance to protect against vandalism or theft.
5.5 All other warranties whether express or implied by common law or by statute are excluded to the fullest extent permitted by law.
6. Delivery and acceptance of the Goods
6.1 In respect of Package B, delivery shall be made to the customer’s notified address of the Bill board or signage/location on the Delivery Date but may be delivered earlier upon giving reasonable notice to the customer. The customer shall make all arrangements to take delivery of the Goods when they are tendered for delivery. Lumicam shall not be liable for late or short delivery of the Goods.
6.2 The customer shall be deemed to have accepted the Goods 24 hours after delivery.
6.3 After acceptance the customer shall not be entitled to reject Goods which are not in accordance with the Contract and Lumicam shall have no further liability for those Goods except under clause 5 and the Buyer shall be bound to pay the Price as if the Goods had been delivered in accordance with the Contract.
7. Title and Risk shall pass on delivery of the Goods. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the title in the Goods shall not pass to the customer as the equipment/goods shall belong to Lumicam, in the event of non payment of monthly fee, Lumican reserves the right to remove the goods/equipment, making the buyer liable for all costs and consequences.
8. Limitation of liability
8.1 Lumicam shall be under no liability for any indirect or consequential loss or loss of profit suffered by the customer arising out of a breach of this Contract.
8.2 Any liability of Lumicam shall be limited to damages, which shall not exceed the Price of the Goods.
9. Law
9.1 This Contract is subject to the laws of The Republic of Singapore.
Certain Sections of this software have used Open Source and BSD license software libraries and components. These are covered by a separate license.
Intel Open CV computer vision library
IMPORTANT: READ BEFORE DOWNLOADING, COPYING, INSTALLING OR USING.
By downloading, copying, installing or using the software you agree to this license.
If you do not agree to this license, do not download, install,
copy or use the software.
Intel License Agreement
For Open Source Computer Vision Library
Copyright (C) 2000-2006, Intel Corporation, all rights reserved.
Third party copyrights are property of their respective owners.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
* Redistribution's of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
* Redistribution's in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
* The name of Intel Corporation may not be used to endorse or promote products
derived from this software without specific prior written permission.
This software is provided by the copyright holders and contributors "as is" and
any express or implied warranties, including, but not limited to, the implied
warranties of merchantability and fitness for a particular purpose are disclaimed.
In no event shall the Intel Corporation or contributors be liable for any direct,
indirect, incidental, special, exemplary, or consequential damages
(including, but not limited to, procurement of substitute goods or services;
loss of use, data, or profits; or business interruption) however caused
and on any theory of liability, whether in contract, strict liability,
or tort (including negligence or otherwise) arising in any way out of
the use of this software, even if advised of the possibility of such damage.
Open Flash charts
Please go to http://teethgrinder.co.uk/open-flash-chart/ to download source and components