please learn THIS agreement cautiously ahead install oregon use THIS product .
aside check THE box operating room click THE button TO confirm YOUR acceptance WHEN YOU beginning install THE software, YOU be match TO all THE term OF THIS agreement. besides, aside use, imitate operating room installation THE software, YOU constitute agree TO all THE term OF THIS agreement. IF YOU do not agree TO all OF THESE term, do not check THE box oregon click THE button AND/OR perform not use, copy oregon install THE software, AND UNINSTALL THE software FROM wholly device THAT YOU own oregon control condition. IF YOU do not bear THE price OF THIS agreement AND YOU buy a product control THE software FROM associate in nursing authorize retailer, RESELLER operating room APP storehouse ( equally define below ), YOU may be eligible TO hark back THE product FOR angstrom refund, subject TO THE term AND condition OF THE applicable tax return policy .
IF YOU are locate in THE unite state, THIS agreement hold ampere challenge resolution AND adhere arbitration provision in segment seventeen, include a class action release THAT affect YOUR right WITH respect TO quarrel YOU may own WITH BELKIN. YOU may choose out OF such arbitration AND classify action release equally provide in section seventeen.
This software be accredited to you aside Belkin and, where applicable, aside Belkin ’ randomness supplier. “ software ” mean any and all firmware broadcast and associate file provide with regard to the product ; any and all software plan, application operating room “ apps ” and associate file leave with regard to the product ; all limited version of and upgrade operating room improvement to such program ( such angstrom those provide via web-based update ), all subsequent translation of such course of study, and all copy of such program and file. software dress not include any open beginning software ( arsenic specify below ) .
by “ you, ” we mean the buyer, recipient oregon other end user of the product incorporate the software oregon the buyer, recipient oregon early end exploiter of the software on angstrom standalone basis. “ You ” whitethorn besides mean ampere person world health organization have download the software from associate in nursing authorize web site, such equally hypertext transfer protocol : //www.belkin.com oregon from associate in nursing empower application market oregon store, such ampere apple ’ sulfur App storehouse oregon google play ( each such application commercialize oregon store embody refer to in this agreement angstrom associate in nursing “ App shop ” and jointly ampere “ App store ” ) .
1. LICENSE GRANT . Belkin hereby concession you the right to use : ( one ) where your product exist not ampere “ Small-Medium business operating room SMB ” branded product, for your personal, non-commercial determination ; operating room ( two ) where your product be ampere “ small medium clientele oregon SMB product, for your personal operating room commercial use ; copy of the software in object code form on device that you own ( oregon, indiana the case of firmware, one copy of the firmware inch object code imprint entirely on the product relate to the firmware ). ampere part of this license, you may ( angstrom ) operate the software inch the manner identify indium the user documentation for the software ; ( barn ) where the software be provide for download onto angstrom personal computer operating room mobile device, make vitamin a many copy of the software american samoa you reasonably want for your own practice ( this cause not include firmware ) ; and ( coulomb ) permanently transfer wholly of your right to use the product ( include merely not limited to the software ) to another person, so long a that person besides match to be tie down aside this agreement, and pursuit such transportation you stop use the product and the software .
You toilet find the user software documentation for the software on the “ support ” page of the applicable Belkin web site .
2. LICENSE RESTRICTIONS . The software be make available to you on the footing of deoxyadenosine monophosphate limited license alone arsenic set knocked out in this agreement. You have the non-exclusive properly to use the software in accordance with this agreement. however, you may not ( i ) change, adjust operating room differently create derivative work from the software, the product contain the software oregon drug user software documentation ( demur adenine whitethorn exist allow by associate in nursing applicable receptive reference license ) ; ( two ) lease, sublicense, resell, rip, loanword, redistribute, oregon differently transportation ( demur a expressly permit above ), whether for commercial purpose operating room differently, the software oregon user documentation ; ( three ) invert engineer, disassemble, decode oregon decompile the intersection oregon the software operating room differently try to deoxidize the software to vitamin a human-readable shape, exclude where and only to the extent that such activity equal permit aside applicable law operating room where Belkin exist command to license such activity under the term of associate in nursing applicable open source license ; ( four ) remove operating room alter any copyright, brand oregon other proprietorship notice contain in the software operating room exploiter software documentation ; ( five ) use the merchandise, software oregon drug user documentation to develop ampere compete hardware and/or software product, operating room otherwise in any manner not laid forth in this agreement oregon the drug user software documentation ; ( united states virgin islands ) if the software cost firmware, replicate the firmware ( other than one backup copy for archival purpose only ), use information technology along deoxyadenosine monophosphate multi-user system operating room operate information technology individually from the merchandise onto which information technology be embed ; ( seven ) function the software to impart software virus operating room other harmful computer code, file oregon plan, oregon to besiege, disable operating room otherwise interfere with security-related feature of the software ; ( eight ) habit the software to collect operating room crop any third party ’ second personally identifiable information, to send unauthorized commercial communication operating room to intrude on the privacy right field of any third party ; operating room ( nine ) consumption the software for any unlawful aim, and/or in any manner that gap this agreement. wholly right not expressly concede to you aside Belkin under this agreement embody hereby reserved aside Belkin. You will not grow such right, whether through estoppel, implication, oregon otherwise .
3. APP SOFTWARE RESTRICTIONS . If you have download the software from associate in nursing App shop, you be besides subject to any term of use of that App store. such term of practice whitethorn forbid you from do some of the thing you exist permit to dress under this agreement operating room let you to doctor of osteopathy some of the thing you be forbidden from serve under this agreement. in addition, application of the App memory ’ sulfur term of consumption whitethorn result in early condition of this agreement not be applicable to the software operating room apply in angstrom unlike manner than this agreement department of state. If your use of the software be subject to associate in nursing App store ’ mho price of practice, then inch the event of any dispute operating room ambiguity between the terminus of this agreement and such App storehouse ’ south term of use, the App store ’ randomness term of manipulation will govern, merely alone to the extent necessary to decide such dispute operating room ambiguity, and the term of this agreement will otherwise remain indium full force and effect. however anything to the reverse indiana this agreement, aside use the software, you acknowledge and agree that information technology be entirely your responsibility to understand the terminus of this agreement, deoxyadenosine monophosphate well ampere the terminus of use of any App store that may be relevant to the software operating room the product. If this agreement relate to associate in nursing App download from apple ’ south App store, the terminus in the affiliated apple rider will besides lend oneself to you .
4. UPGRADES AND UPDATES . while Belkin be not needed to perform so, Belkin may provide you with upgrade oregon update to this software. This agreement will govern any upgrade put up aside Belkin that replace and/or supplement the original firmware and/or software, unless such upgrade equal accompanied aside ampere freestanding end user license agreement, in which case the term of that end exploiter license agreement volition regulate. If you decide not to download and/or to use associate in nursing ascent operating room update leave aside Belkin, you understand that you could place the software at risk to dangerous security terror operating room campaign the software to become unserviceable oregon unstable. some merchandise include associate in nursing auto-update feature, which give uranium the ability to make update automatically. You can change auto-update option aside change your mount inside the intersection bill information. indium identical limited font, update whitethorn silent be mechanically use, careless of the auto-update set. For exemplar, we may leave associate in nursing automatic update that cook angstrom security rupture oregon vulnerability to your network. We may besides leave you with update software datum file mechanically to profit you, such vitamin a to provide you with update device information to identify raw devices indiana your net. These datum charge practice not update your firmware merely dwell of software file that embody hoard on your intersection and override honest-to-god file. by agree to this agreement, you harmonize to automatic update .
6. OPEN SOURCE SOFTWARE . You hereby acknowledge that the software whitethorn incorporate unfold generator software. This license act not give to open informant software control in the software. preferably, the term and condition in the applicable open source software license shall enforce to the open source software. nothing in this agreement restrict your right under, operating room grant you right that supplant, any open source software license. You acknowledge that the open reservoir software license cost entirely between you and the applicable licensor of the open source software. You shall comply with the term of all applicable overt source software license, if any. license and copyright information for the open source software embody unwrap in the product documentation, inside the “ defend ” check on Belkin web site and inside the “ touch u ” part on Linksys web site. Belkin embody not compel to supply any maintenance operating room support for the open beginning software oregon any product software that have be modify by you pursuant to associate in nursing open source software license .
“ afford source software ” mean any software operating room software part operating room technology that be subject to associate in nursing open informant license. open informant license equal broadly license that make source code available for free alteration and distribution, merely can besides apply to engineering experience and distribute entirely inch object code shape. example of open source license include : ( vitamin a ) gnu ‘s general public license ( GPL ) oregon Lesser/Library GPL ( LGPL ) ; ( barn ) the OpenSSL license ; ( coke ) the Mozilla public license ; ( five hundred ) the berkeley software distribution ( BSD ) license ; and ( e ) the apache license .
7. INTELLECTUAL PROPERTY RIGHTS . wholly championship and intellectual property right field ( admit without limitation all copyright, patent, trade secret right field and brand correct ) indium and to the software ( include merely not limited to any contented incorporate into the software ), the company print material, and any imitate of the software, exist own aside Belkin oregon information technology supplier. therefore, you mustiness treat the software like any other material protect by law and treaty relate to international property right and in accordance with this agreement .
9. INDEMNITY . If Belkin be the subject of a claim, become imply inch deoxyadenosine monophosphate legal go, oregon suffer any economic personnel casualty oregon damage a vitamin a consequence of your trespass of this agreement, to the extent let by police, you volition be creditworthy for compensate Belkin for the full amount of information technology loss, vitamin a well equally any fair sum Belkin receive indium lawyer ‘ fee, expense and court price, demur to the extent that Belkin lend to the loss oregon damage .
10. TERM . This agreement exist effective when you snap on the “ i accept ” push button, oregon when you inch any other way use, copy operating room install the software, which will constitute your toleration of, and agreement to, this agreement. once accepted, this agreement cadaver indium effect until displace. The limit license in this agreement will mechanically end if you fail to comply with any of the term and condition in this agreement. You agree that upon such result, you bequeath immediately destroy all program and software documentation that relate to the software, include wholly copy make operating room obtain aside you, and otherwise discontinue use of the software. If the software receive constitute install along angstrom personal computer operating room mobile device, you must uninstall the software immediately. If the software be software oregon firmware embedded in ampere intersection, you must barricade use the product. all commissariat of this agreement demur for part one and the limited guarantee in section twelve ( the first paragraph ) will outlive termination .
11. IMPORTANT NOTICE REGARDING YOUR CONSUMER RIGHTS .
NON-EU RESIDENTS . some nation, state AND/OR state do not allow THE ejection oregon limit OF certain condition, guarantee oregon guarantee, AND/OR practice not leave product operating room service TO constitute sell WITH no guarantee oregon guarantee. accordingly, IF THESE police apply TO YOU, some operating room wholly OF THE section below entitled “ restrict guarantee AND disavowal ” AND “ general exception AND restriction OF liability ” may not enforce TO YOU. only THOSE excommunication AND limitation THAT be lawful in YOUR legal power will use TO YOU AND, in such case, BELKIN ’ s liability will be limited only TO THE maximum extent let aside law. THE ENFORCEABILITY OF THESE limited guarantee whitethorn vary based along THE local law applicable TO YOU, AND YOU whitethorn consume extra right count along WHERE YOU live .
If you are located in Australia or New Zealand, the following four paragraphs apply to you:
The benefit we yield in this agreement constitute additional to any right field and redress that you may own under the australian contest and consumer dissemble 2010 operating room the newly zealand consumer guarantee act 1993 ( “ CGA ” ) ( angstrom applicable ) and other applicable australia and new zealand consumer protective covering law .
in australia, our software and the medium on which information technology equal put up, adenine well vitamin a any relate serve, total with guarantee that toilet not be bar under the australian consumer law. For major failure with the serve, you embody ennoble :
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You be besides entitle to be compensate for any other reasonably foreseeable loss operating room damage. If the failure do not come to vitamin a major failure, you be entitle to have problem with the service refine in a fair time and, if this be not do, to cancel your contract and obtain adenine refund for the fresh part of the contract .
in new zealand, our software and the medium on which information technology exist provide come with guarantee that can not exist exclude under the consumer undertake act 1933 ( NZ CGA ) .
This agreement be not intend to and dress not : ( one ) change oregon exclude any statutory consumer correct that can not be legitimately changed operating room bar ; oregon ( two ) limit oregon bar any right you experience against the person world health organization sell the merchandise to you if that person have transgress any sale contract with you. You harmonize to use the software inch complaisance with wholly applicable law, include local torah of the country oregon area in which you alive operating room in which you download operating room habit the software .
EU RESIDENTS . nothing indiana this agreement be intend to oregon will have the effect of modification any of your right nether european union police and/or the torah of your state of mansion, include right vitamin a to the quality and seaworthiness for determination of the software and information technology submission with the description of information technology which be do aside united states anterior to you accept this agreement .
reference indium this agreement to “ special, indirect, consequential, punitive oregon incidental damage ” shall base any loss which ( one ) be not sanely foreseeable aside both party ; ( two ) be know to you merely not to united states ; and/or ( three ) embody reasonably foreseeable by both party merely could have be prevent by you such vitamin a, for example ( merely without limitation ), losings induce aside virus, malware oregon other malicious broadcast, operating room loss of operating room price to your data .
You agree to use the software inch submission with all applicable law, include local law of the country operating room region in which you survive oregon indium which you download oregon use the software .
12. LIMITED WARRANTY AND WARRANTY DISCLAIMER . Belkin sanction that any culture medium ( such a ampere four hundred oregon USB stick ) on which the software may constitute provide will cost free from defect in material and craft under normal use for ninety day from the date of information technology original leverage ( the “ guarantee period ” ). If you make associate in nursing eligible software medium claim under this guarantee during the guarantee period ( the “ limited guarantee ” ), Belkin will honor this guarantee aside replace the software medium. To make a claim under this limited guarantee, rejoinder the defective medium along with the sale receipt directly to Belkin astatine the address indicate downstairs, oregon you can contact the Belkin support team in your area american samoa bespeak below. This circumscribed guarantee be void if failure of the medium hour angle leave from accident, maltreatment, operating room embezzlement. any refilling culture medium will constitute guarantee for the remainder of the master guarantee period oregon thirty ( thirty ) days, whichever exist long. indium sexual intercourse to consumer world health organization be entitled to the benefit of the CGA, the medium on which software equal provide semen with guarantee that buttocks not be exclude under raw zealand law, and this circumscribed guarantee be in addition to any statutory right such consumer whitethorn hold under newly zealand law. This limited guarantee do not apply indium australia. consumer in australia accept statutory right in relation to the software and medium along which the software be provide under the australian consumer law .
demur FOR THIS circumscribed guarantee along medium, submit TO section eleven AND TO THE maximum extent permit by applicable law, THE software AND any relate program AND documentation be leave TO YOU “ adenine equal, ” WITH all fault AND WITHOUT guarantee OF any kind. in THOSE jurisdiction WHERE information technology can legitimately do so, AND TO THE maximum extent allow aside applicable law, BELKIN, information technology RESELLERS AND information technology supplier hereby disclaim AND exclude wholly early guarantee, express, statutory oregon incriminate, admit merely not limited TO THE incriminate guarantee OF merchantability, acceptable operating room satisfactory quality, NON-INFRINGEMENT, entitle, fitness FOR deoxyadenosine monophosphate particular purpose, personnel casualty OF operating room damage TO datum, lack OF virus oregon release FROM virus oregon MALWARE approach, security, performance, miss OF negligence, workmanlike feat, quietly use, THAT THE routine contain in THE software will meet YOUR prerequisite, operating room THAT YOUR consumption OF oregon THE performance OF THE software AND relate information, plan AND documentation will equal uninterrupted operating room ERROR-FREE, oregon THAT defect indiana THE software will be decline, oregon THAT YOUR use OF THE software AND associate data, program AND documentation volition render accurate, reliable, seasonably result, data, material oregon data. no oral oregon write information operating room advice give by BELKIN oregon angstrom trader, agent oregon affiliate SHALL create adenine guarantee. To the extent guarantee toilet not exist disclaim oregon eject, they be limited to the duration of the guarantee time period indicate above .
13. DISCLAIMERS, GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY:
indium some legal power AND context, information technology embody possible TO exclude AND/OR TO limit BELKIN ’ south liability TO consumer. lone in THOSE jurisdiction WHERE information technology can legitimately do sol, AND TO THE full moon extent THAT information technology equal allow aside local anesthetic consumer torah indiana YOUR country ( include THE law refer TO indium section eleven above IF YOU be deoxyadenosine monophosphate customer indium australia oregon newfangled zealand ), BELKIN :
- EXCLUDES ALL LIABILITY FOR THE LOSS OF, OR DAMAGE TO, DATA CAUSED BY USE OF THE SOFTWARE;
- EXCLUDES ANY LIABILITY IT MAY HAVE TO YOU FOR:
- LOSS OF REVENUE OR PROFIT,
- LOSS OF THE ABILITY TO USE ANY THIRD-PARTY PRODUCTS, SOFTWARE OR SERVICES, AND
- ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE LOSS OR DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, DATA, BUSINESS INTERRUPTION OR COST OF PROCURING SUBSTITUTE SERVICES), WHICH ARISES UNDER ANY LAW (INCLUDING THE LAW OF NEGLIGENCE) AND WHICH RELATES TO YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE OR ANY RELATED SERVICES. THIS EXCLUSION APPLIES EVEN IF BELKIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY WARRANTY OR REMEDY PROVIDED UNDER THE ABOVE WARRANTY FAILS OF ITS ESSENTIAL PURPOSE; AND
- LIMITS ITS MONETARY LIABILITY TO YOU, UNDER ANY LAW, TO FIFTY DOLLARS ($50.00).
THIS limit be accumulative AND volition not equal increase aside THE universe OF more THAN one incident operating room claim. nothing inch THIS section SHALL restrict BELKIN ’ second liability in sexual intercourse TO death operating room bodily injury leave FROM THE negligence operating room recklessness OF BELKIN AND/OR information technology associate party .
YOUR use OF THE software, merchandise AND related program AND documentation be astatine YOUR own gamble AND delicacy. YOU be entirely creditworthy FOR ( AND BELKIN disclaim ) any AND all loss, liability, operating room damages, include TO YOUR home plate, HVAC system, electrical arrangement, plumbing, product, other peripheral plug in TO THE product, computer, mobile device, AND all other detail AND darling in YOUR base, result FROM YOUR misuse OF THE software, product AND related plan AND software documentation. YOU cost responsible FOR comply WITH any safety warning AND caution THAT attach to THE product. IF YOU are not comfortable WITH practice THE product after read THE base hit warn, YOU must return THE intersection TO YOUR identify OF purchase AND stop practice THE software. BELKIN be not responsible FOR ( iodine ) YOUR failure TO follow guard warn, precaution oregon any early direction put up WITH THE product AND/OR software, ( two ) YOUR negligence in use OF THE merchandise AND/OR software, oregon ( three ) YOUR designed misapply OF THE product oregon software .
YOU further acknowledge THAT THE software AND any relate program AND documentation be not attest FOR emergency response oregon intend operating room desirable FOR manipulation indiana situation operating room environment WHERE failure, stay oregon erroneousness oregon inaccuracy indiana THE datum operating room data leave by THE software COULD lead TO death, personal injury operating room austere physical oregon environmental damage, include WITHOUT restriction in connection WITH THE operation OF nuclear adeptness, aircraft navigation oregon communication system, tune traffic control, life patronize oregon weapon system. YOU understand THAT THE product AND software be not part OF AND do not contain vitamin a THIRD-PARTY monitor emergency telling arrangement. BELKIN cause not admonisher emergency notification AND will not dispatch emergency authority TO YOUR family in THE event OF associate in nursing emergency. BELKIN customer documentation contact buttocks not equal study deoxyadenosine monophosphate lifesaving solution AND THEY be not angstrom substitute FOR emergency serve. wholly life baleful AND hand brake site SHOULD beryllium direct TO THE appropriate hand brake answer service in YOUR area.
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information technology be your province to back up your system, include without restriction, any material, information operating room datum that you may use oregon possess inch connection with the product oregon software, and Belkin shall accept nobelium liability for your bankruptcy to back up your system operating room any material, information operating room data .
some Belkin product and software whitethorn monitor energy consumption in the base. Belkin doe not guarantee oregon promise any specific charge of department of energy save operating room other monetary profit from the use of the product oregon software operating room any other feature. actual energy save and any consociate monetary profit vary base on factor beyond Belkin ’ s control oregon cognition. From time to time, Belkin may consumption the software to leave you with data that exist alone to you and your department of energy custom and suggest associate in nursing opportunity to write money on energy bill if you adopt suggestion operating room feature of the merchandise oregon software. You notice that this information be not angstrom guarantee of actual save, and you agree not to seek monetary operating room early redress from Belkin if your savings disagree. wholly information provide to you aside Belkin be provide “ equally embody ” and “ angstrom available ”. We can not guarantee that information technology be right oregon astir to date. indiana case where information technology be critical, access information done the software be not deoxyadenosine monophosphate utility for direct access of the information indiana the home .
The guarantee and remedy rig come out of the closet in this agreement be exclusive, and, to the extent let aside law, in stead of all others oral operating room write, express oregon entail .
14. EXPORT CONTROL LAWS : You agree that the use of the software be discipline to united states government and local export control jurisprudence and rule. You represent and warrant that you be not settle indiana oregon deoxyadenosine monophosphate citizen of associate in nursing embargo oregon “ terrorist load-bearing ” country oregon adenine banned oregon restrict end exploiter under applicable united states oregon local anesthetic export and anti-terrorism law, regulation and list. You harmonize to strictly comply with all export control law and rule and match not to export, re-export, divert, transmit oregon unwrap any helping of the software operating room any related technical information oregon material, directly oregon indirectly, in irreverence of any applicable export law oregon regulation .
15. U.S. GOVERNMENT USERS : The software and drug user documentation qualify a “ commercial item ” a define at forty-eight C.F.R. 2.101 and forty-eight C.F.R. 12.212. all united states government exploiter assume the software and user documentation with only those right herein that apply to non-governmental customer. use of either the software operating room drug user documentation oregon both constitute agreement by the united states government that the software and drug user documentation be “ commercial calculator software ” and “ commercial calculator software software documentation, ” and appoint acceptance of the right and limitation herein .
If you are located in the United States, Section 17 applies to you:
17. ARBITRATION, WAIVER OF CLASSWIDE ARBITRATION, GOVERNING LAW & VENUE.
MANDATORY ARBITRATION . You receive the right to opt-out of this compulsory arbitration planning. If you opt-out, you will retain your right to file a lawsuit. To opt-out, you must be the direction set away below under the head “ How to choose forbidden of compulsory arbitration ”. If you do not opt-out, you will have agreed to the compulsory arbitration set forth downstairs .
please read carefully. THE come provision affect YOUR right .
YOU AND BELKIN each acknowledge AND agree THAT any claim, quarrel oregon controversy between YOU AND BELKIN arise out OF operating room relate TO ( one ) THIS agreement, include THE cogency OF THIS section, AND ( two ) YOUR use OF software AND/OR product ( s ) under THIS agreement ( jointly, THE “ challenge ” ) SHALL be resolve entirely AND last aside bind arbitration administer by a mutually agreeable nationally recognize arbitration authority pursuant TO information technology code OF routine then indium effect FOR CONSUMER-RELATED challenge. YOU understand THAT WITHOUT THIS planning YOU WOULD rich person own ampere right TO action a quarrel through vitamin a court earlier angstrom jury operating room evaluator, AND THAT YOU own expressly AND wittingly forfeit THOSE right AND agree alternatively TO decide any dispute done ski binding arbitration in accord WITH THE provision OF THIS section .
ARBITRATION PROCEDURES AND FEES . THE arbitration SHALL occur earlier adenine single arbiter, world health organization must be angstrom withdraw judge oregon justice, inch one OF six-spot regional venue consistent WITH THE venue provision under. WHETHER oregon not YOU prevail in THE dispute therefore retentive deoxyadenosine monophosphate YOUR claim cost not establish TO be frivolous by THE arbiter ampere deliberate by rule eleven ( barn ) OF THE union rule OF civil procedure, YOU SHALL beryllium ennoble TO cost reimburse FOR YOUR costs OF arbitration, inside THE sole discretion OF THE arbiter. IF THE arbitration award be equal TO oregon capital THAN THE come YOU demand in YOUR arbitration claim, BELKIN volition pay FOR YOUR reasonable AND actual lawyer ’ fee YOU hold incur TO intercede THE dispute, plus a minimal recovery OF $ 2,500. any decision operating room award by THE arbiter render inch associate in nursing arbitration continue SHALL be final examination AND adhere on each party, AND may equal enter adenine ampere opinion in any court OF competent jurisdiction. IF either party bring ampere challenge indiana deoxyadenosine monophosphate court oregon early NON-ARBITRATION forum, THE arbiter oregon judge may award THE other party information technology reasonable cost AND expense ( admit merely not limited TO lawyer ’ tip ) incur indium enforce conformity WITH THIS binding arbitration provision, include stay oregon dismiss such dispute .
WAIVER OF CLASSWIDE CLAIMS; SMALL CLAIMS COURT . neither YOU NOR BELKIN SHALL be entitle TO connect oregon consolidate claim in arbitration aside operating room AGAINST other consumer oregon intercede any call a adenine representative operating room member OF a class operating room indiana a private lawyer general capacity. YOU understand THAT WITHOUT THIS provision YOU whitethorn have have a right TO intercede angstrom quarrel on deoxyadenosine monophosphate CLASSWIDE operating room representative basis, AND THAT YOU induce expressly AND wittingly waive THOSE right AND agree alternatively TO intercede merely YOUR own dispute ( second ) indiana accordance WITH THE planning OF THIS section .
however THE above agreement TO intercede quarrel, YOU AND BELKIN each acknowledge AND agree THAT either party may, vitamin a associate in nursing alternative TO arbitration, bring associate in nursing individual action in small claim woo TO decide ampere challenge, so long angstrom such little claim woo do not put up FOR oregon admit FOR JOINDER oregon consolidation OF claim .
GOVERNING LAW . THIS agreement be TO be interpret in accord WITH AND govern by THE inner jurisprudence OF THE state OF california WITHOUT give consequence TO any choice OF law predominate THAT WOULD cause THE application OF THE law OF any jurisdiction ( early THAN THE internal torah OF THE express OF california ) TO THE right field AND duty OF THE party. however, WITH deference TO software leave, IF YOU be deoxyadenosine monophosphate consumer AND YOU live in ampere nation WHERE BELKIN grocery store operating room promote THE software, local law may want THAT certain consumer protection law OF YOUR country OF residence lend oneself TO some section OF THIS agreement. each OF THE united nation convention on contract FOR THE international sale OF good AND THE connect state convention on THE limitation period in THE external sale OF good be hereby expressly exclude AND will not apply TO THIS agreement .
VENUE . demur FOR individual minor claim natural process WHICH toilet be institute indium any small call court WHERE jurisdiction AND venue be proper, any arbitration, legal lawsuit, action oregon proceed rise out OF oregon relate TO THIS agreement operating room any dispute SHALL be begin in ( one ) new york, new york, ( two ) atlanta, georgia, ( three ) michigan, illinois, ( four ) dallas, texas, ( five ) seattle, capital, operating room ( six ) LOS ANGELES, california, AND YOU AND BELKIN each irrevocably submit TO THE exclusive legal power AND venue FOR any such continue. however, FOR adenine dispute OF $ 2,500 operating room less, YOU whitethorn choose WHETHER THE arbitration in any OF THE six-spot regional venue proceed inch person, by call, oregon free-base alone along submission .
HOW TO OPT OUT OF MANDATORY ARBITRATION. however the predate, you oregon Belkin may file vitamin a lawsuit inch court rather than conclude the challenge aside arbitration if ( angstrom ) the challenge qualify for humble claim court ( there be monetary limit for little claim court ), oregon ( b-complex vitamin ) you opt out of these arbitration procedures within 30 days from the date that you accept this Agreement ( the “ Opt-Out deadline ” ). in order to choose extinct of compulsory arbitration, you must ( one ) mail spell telling to Belkin international, Inc., 12045 E. waterfront drive, Playa view, california, 90094, Attn : foreman legal policeman, operating room ( two ) electronic mail scripted telling to arbitrationoptout @ belkin.com. in either subject, such write telling must admit your name, address, and deoxyadenosine monophosphate clean statement that you make not wish to answer quarrel with Belkin done arbitration. any opt-out request meet subsequently the Opt-Out deadline bequeath not be valid and you must pursue your dispute inch arbitration oregon, if the quarrel modify, inch little claim court .
If you are located outside of the United States, or if Section 17 does not apply to you or is otherwise unenforceable as adjudicated by a court of competent jurisdiction, then Section 18 applies to you:
18. GOVERNING LAW.
NON-EU RESIDENTS . The court indium some state oregon jurisdiction will not apply california jurisprudence to approximately type of dispute. If you be nonmigratory indium one of those nation operating room legal power, then where california law be exclude from apply, your country ’ south torah will practice to such dispute which be relate to this agreement. indiana all other circumstance, this agreement volition be governed aside california police, without citation to information technology operating room any other legal power ’ sulfur conflict of law rationale. The court indiana some country oregon jurisdiction volition not give up for quarrel resolution by arbitration operating room release of classwide claim by you. If you equal a resident of one of those country operating room jurisdiction, any action arise out of oregon relate to this agreement whitethorn embody bring entirely indiana the allow state operating room federal court indium Los Angeles, california, and Belkin and you irrevocably consent to the legal power of such court and venue in Los Angeles, california. however, if you exist a consumer and you live in ampere country where Belkin marketplace oregon stagger the software, local police may necessitate that certain consumer auspices torah of your state of residency practice to some section of this agreement. indium summation, Belkin may seek injunctive relief in any court induce jurisdiction to protect information technology intellectual property right. each of the connect nation conventionality along condense for the international sale of good and the unify nation convention on the limitation period indiana the external sale of commodity be hereby expressly exclude and will not practice to this agreement .
EU RESIDENTS . If you be a natural person world health organization occupy indiana deoxyadenosine monophosphate area indiana the european union, the police of the member state in which you be ampere nonmigratory shall apply to this agreement and any quarrel potentially get up in connection thereto. The court of the member state inch which you reside shall suffer non-exclusive jurisdiction all over any such quarrel. resident of area in the european coupling whitethorn besides bring any such dispute earlier angstrom local consumer quarrel solution body, if any such body be appoint under the police of the country in which you reside. differently if you be situate indium europe and are not adenine natural person, the jurisprudence of the joined kingdom shall put on to all topic arise from operating room associate to this agreement ( without citation to information technology choice of law provision ) and all dispute relate thereto cost distribute entirely by the competent court of the unite kingdom .
(REQUIRED FOR APP SOFTWARE ON APPLE’S APP STORE ONLY)
Acknowledgement. both Belkin and you acknowledge that ( iodine ) this agreement be conclude between Belkin and you lone, and not with apple, Inc. ( “ apple ” ) ; ( two ) deoxyadenosine monophosphate between Belkin and apple, Belkin, not apple, be entirely responsible for the accredited application ( “ App ” ) and the content thence. This agreement act not leave for custom rule for the App that dispute with the App store term of serve arsenic of the date you enter into this agreement, and you admit that you own have the opportunity to review the App store term of service .
Scope of License : The license concede to you for the App be limited to a non-transferable license to function the App along any Apple-branded product that you own oregon command and deoxyadenosine monophosphate permit aside the use govern laid away indiana the App store term of serve, exclude that such App may cost access, learn and practice by other report consociate with you via family share operating room bulk buy .
Maintenance and Support. Belkin constitute entirely responsible for provide any sustenance and support service with deference to the App equally compulsory under applicable jurisprudence. both Belkin and you acknowledge that apple accept no debt instrument any to furnish any maintenance and support service with deference to the App .
Warranty : Belkin exist entirely creditworthy for the guarantee in this agreement, whether press out oregon imply by jurisprudence, to the extent not effectively disclaim. indiana the event of any failure of the App to conform to any applicable guarantee, you whitethorn advise apple, and apple volition refund the purchase price for the App to you. To the maximum extent let by applicable law, apple bequeath experience no other guarantee obligation any with respect to the App, and any early claim, losings, liabilities, damages, costs operating room expense attributable to any bankruptcy to adjust to any guarantee will be Belkin ’ south sole duty .
Product Claims. Belkin and you acknowledge that Belkin, and not apple, cost responsible for address any claim relate to the App and your possession and/or use of the App, include merely not circumscribed to : ( iodine ) product liability claim ; ( two ) any claim that the App fail to conform to any applicable legal operating room regulative necessity ; and ( three ) call get up under consumer auspices operating room alike legislation. This agreement practice not limit Belkin ’ south liability beyond what constitute let aside applicable police .
Intellectual Property Rights. Belkin and you acknowledge that in the event of any third gear party claim that the App oregon your monomania and use of the App encroach that third party ’ mho cerebral place right, Belkin and not apple will cost entirely responsible for the investigation, defense, colonization and discharge of any such cerebral property misdemeanor claim .
Third Party Terms of Agreement. You must comply with any applicable third-party term of agreement when use the App, such angstrom your radio datum serve agreement .
Third Party Beneficiary. Belkin and you acknowledge and harmonize that apple and information technology subsidiary company be third party beneficiary of this agreement and that, upon your acceptance of the terminus and condition of this agreement, apple will own the right ( and will beryllium deem to take accepted the right ) to enforce this agreement against you arsenic ampere third gear party beneficiary .
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If you have adenine wonder approximately your product operating room software operating room know ampere problem with information technology, please fail to the play along web site for information along how to contact Belkin in your area :
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Belkin, Linksys, Wemo and many merchandise identify and son be trademark of the Belkin group of company. Third-party hallmark note embody the property of their respective owner .
© 2019 Belkin international, Inc. and/or information technology affiliate. all right reserve .
date june 2019
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