PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR use THIS PRODUCT .
BY CHECKING THE BOX OR CLICKING THE BUTTON TO CONFIRM YOUR ACCEPTANCE WHEN YOU FIRST INSTALL THE SOFTWARE, YOU ARE AGREEING TO ALL THE TERMS OF THIS AGREEMENT. ALSO, BY USING, COPYING OR INSTALLING THE SOFTWARE, YOU ARE AGREEING TO ALL THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CHECK THE BOX OR CLICK THE BUTTON AND/OR DO NOT USE, COPY OR INSTALL THE SOFTWARE, AND UNINSTALL THE SOFTWARE FROM ALL DEVICES THAT YOU OWN OR CONTROL. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND YOU PURCHASED A PRODUCT CONTAINING THE SOFTWARE FROM AN AUTHORIZED RETAILER, RESELLER OR APP STORE ( AS DEFINED BELOW ), YOU MAY BE ELIGIBLE TO RETURN THE PRODUCT FOR A REFUND, SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE RETURN POLICY .
IF YOU ARE LOCATED IN THE UNITED STATES, THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION IN SECTION 17, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO DISPUTES YOU MAY HAVE WITH BELKIN. YOU MAY OPT OUT OF SUCH ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED IN SECTION 17.
This Software is licensed to you by Belkin and, where applicable, by Belkin ’ randomness suppliers. “ Software ” means any and all firmware programs and consociate files provided with deference to the Product ; any and all software programs, applications or “ apps ” and associated files provided with regard to the Product ; all modified versions of and upgrades or improvements to such programs ( such as those leave via web-based updates ), all subsequent versions of such programs, and all copies of such programs and files. software does not include any Open Source Software ( as defined below ) .
By “ you, ” we mean the buyer, recipient role or other end exploiter of the Product containing the Software or the buyer, recipient or early end user of the Software on a standalone footing. “ You ” may besides mean a person who has downloaded the Software from an authoritative web site, such as hypertext transfer protocol : //www.belkin.com or from an empower application market or store, such as Apple ’ s App Store or Google Play ( each such application market or store is referred to in this Agreement as an “ App Store ” and jointly as “ App Stores ” ) .
1. LICENSE GRANT . Belkin hereby grants you the right to use : ( i ) where your intersection is not a “ Small-Medium business or SMB ” branded Product, for your personal, non-commercial purposes ; or ( two ) where your product is a “ Small Medium Business or SMB Product, for your personal or commercial use ; copies of the Software in object code shape on devices that you own ( or, in the case of firmware, one replicate of the firmware in object code form entirely on the Product relate to the firmware ). As separate of this license, you may ( A ) operate the Software in the manner described in the drug user documentation for the Software ; ( B ) where the Software is provided for download onto a personal computer or mobile device, make as many copies of the Software as you reasonably need for your own manipulation ( this does not include firmware ) ; and ( C ) permanently transfer all of your rights to use the Product ( including but not circumscribed to the Software ) to another person, so long as that person besides agrees to be bound by this Agreement, and following such transfer you stop using the intersection and the Software .
You can find the exploiter documentation for the Software on the “ Support ” page of the applicable Belkin web site .
2. LICENSE RESTRICTIONS . The Software is made available to you on the basis of a circumscribed license lone vitamin a set out in this Agreement. You have the non-exclusive right to use the Software in accord with this Agreement. however, you may not ( iodine ) modify, adjust or otherwise create derivative works from the Software, the Product containing the Software or exploiter documentation ( except a may be permitted by an applicable receptive source license ) ; ( two ) lease, sublicense, resell, rent, lend, redistribute, or otherwise transfer ( except deoxyadenosine monophosphate expressly permitted above ), whether for commercial purposes or otherwise, the Software or drug user documentation ; ( three ) turn back mastermind, disassemble, decode or decompile the Product or the Software or differently try to reduce the Software to a human-readable imprint, except where and only to the extent that such activeness is permitted by applicable jurisprudence or where Belkin is required to permit such activeness under the terms of an applicable open beginning license ; ( intravenous feeding ) remove or alter any copyright, trademark or other proprietorship notices contained in the Software or drug user documentation ; ( vanadium ) use the Product, Software or drug user documentation to develop a competing hardware and/or software intersection, or otherwise in any manner not set away in this Agreement or the drug user documentation ; ( six ) if the Software is firmware, copy the firmware ( other than one backing imitate for archival purposes only ), use it on a multi-user system or operate it individually from the Product onto which it is embedded ; ( seven ) use the Software to transmit software viruses or early harmful computer code, files or programs, or to circumvent, disable or otherwise interfere with security-related features of the Software ; ( eight ) use the Software to collect or harvest any third base party ’ s personally identifiable information, to send unauthorized commercial communications or to invade the privacy rights of any third base party ; or ( nine ) use the Software for any unlawful purpose, and/or in any manner that breaches this Agreement. All rights not expressly granted to you by Belkin under this Agreement are hereby reserved by Belkin. You will not acquire such rights, whether through estoppel, implication, or differently .
4. UPGRADES AND UPDATES . While Belkin is not required to do indeed, Belkin may provide you with upgrades or updates to this Software. This Agreement will govern any upgrades provided by Belkin that replace and/or supplement the original firmware and/or Software, unless such upgrade is accompanied by a divide conclusion exploiter license agreement, in which case the terms of that end user license agreement will govern. If you decide not to download and/or to use an upgrade or update provided by Belkin, you understand that you could put the Software at risk to good security threats or cause the Software to become unserviceable or fluid. Some Products include an auto-update feature, which gives us the ability to make updates automatically. You can change auto-update options by changing your settings within the Product account information. In very restrict cases, updates may distillery be automatically applied, regardless of the auto-update set up. For example, we may provide an automatic pistol update that fixes a security breach or vulnerability to your network. We may besides provide you with updated Software data files automatically to benefit you, such as to provide you with updated device information to identify new devices in your net. These data files do not update your firmware but consist of Software files that are cached on your intersection and overrule older files. By agreeing to this Agreement, you agree to automatic updates .
6. OPEN SOURCE SOFTWARE . You hereby acknowledge that the Software may contain Open Source Software. This license does not apply to Open Source Software contained in the Software. Rather, the terms and conditions in the applicable Open Source Software license shall apply to the Open Source Software. nothing in this Agreement limits your rights under, or grants you rights that supersede, any Open Source Software license. You acknowledge that the Open Source Software license is entirely between you and the applicable licensor of the Open Source Software. You shall comply with the terms of all applicable Open Source Software licenses, if any. license and copyright data for the Open Source Software are disclosed in the Product software documentation, within the “ Support ” yellow journalism on Belkin websites and within the “ Contact Us ” section on Linksys websites. Belkin is not obligated to provide any sustenance or support for the Open Source Software or any Product Software that has been modified by you pursuant to an Open Source Software license .
“ Open Source Software ” means any software or software component or technology that is topic to an open source license. Open beginning licenses are generally licenses that make source code available for loose alteration and distribution, but can besides apply to technology received and distributed entirely in object code kind. Examples of exposed source licenses include : ( a ) GNU ‘s General Public License ( GPL ) or Lesser/Library GPL ( LGPL ) ; ( bacillus ) the OpenSSL License ; ( hundred ) the Mozilla Public License ; ( d ) the Berkeley Software Distribution ( BSD ) License ; and ( einsteinium ) the Apache License .
7. INTELLECTUAL PROPERTY RIGHTS . All entitle and cerebral place rights ( including without limitation all copyrights, patents, trade privy rights and trademark rights ) in and to the Software ( including but not limited to any contented incorporated into the Software ), the accompanying print materials, and any copies of the Software, are owned by Belkin or its suppliers. consequently, you must treat the Software like any early material protected by laws and treaties relating to international place rights and in accord with this Agreement .
9. INDEMNITY . If Belkin is the national of a title, becomes involved in a legal proceed, or suffers any economic loss or damage as a result of your misdemeanor of this Agreement, to the extent permitted by jurisprudence, you will be responsible for compensating Belkin for the full amount of its loss, angstrom well as any fair amounts Belkin receive in lawyers ‘ fees, expenses and court costs, except to the extent that Belkin contributed to the loss or damage .
10. TERM . This Agreement is effective when you click on the “ I Accept ” button, or when you in any other manner use, copy or install the Software, which will constitute your acceptance of, and agreement to, this Agreement. once accepted, this agreement remains in impression until terminated. The limited license in this Agreement will mechanically terminate if you fail to comply with any of the terms and conditions in this Agreement. You agree that upon such termination, you will immediately destroy all programs and documentation that relate to the Software, including all copies made or obtained by you, and differently discontinue use of the Software. If the Software has been installed on a personal computer or fluid device, you must uninstall the Software immediately. If the Software is software or firmware embedded in a product, you must stop using the Product. All provisions of this Agreement except for section 1 and the limited guarantee in section 12 ( the beginning paragraph ) will survive ending .
11. IMPORTANT NOTICE REGARDING YOUR CONSUMER RIGHTS .
NON-EU RESIDENTS . SOME COUNTRIES, STATES AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CONDITIONS, WARRANTIES OR GUARANTEES, AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES OR GUARANTEES. ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS BELOW ENTITLED “ LIMITED WARRANTY AND DISCLAIMER ” AND “ GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY ” MAY NOT APPLY TO YOU. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, BELKIN ’ S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENFORCEABILITY OF THESE LIMITED WARRANTIES MAY VARY BASED ON THE LOCAL LAWS APPLICABLE TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS depend ON WHERE YOU LIVE .
If you are located in Australia or New Zealand, the following four paragraphs apply to you:
The benefits we give in this Agreement are additional to any rights and remedies that you may have under the australian Competition and Consumer Act 2010 or the New Zealand Consumer Guarantees Act 1993 ( “ CGA ” ) ( as applicable ) and early applicable Australia and New Zealand consumer protection laws .
In Australia, our Software and the media on which it is provided, american samoa well as any associate services, come with guarantees that can not be excluded under the australian Consumer Law. For major failures with the service, you are entitled :
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are besides entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major bankruptcy, you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel your sign and obtain a refund for the idle helping of the abridge .
In New Zealand, our Software and the media on which it is provided issue forth with guarantees that can not be excluded under the Consumer Guarantees Act 1933 ( NZ CGA ) .
This Agreement is not intended to and does not : ( i ) exchange or exclude any statutory consumer rights that can not be legitimately changed or excluded ; or ( two ) limit or exclude any right you have against the person who sold the Product to you if that person has breached any sales contract with you. You agree to use the Software in submission with all applicable laws, including local anesthetic laws of the country or region in which you live or in which you download or use the Software .
EU RESIDENTS . nothing in this Agreement is intended to or will have the impression of limiting any of your rights under European Union jurisprudence and/or the laws of your area of residence, including rights as to the quality and fitness for function of the Software and its submission with the description of it which was made by us prior to you accepting this agreement .
References in this Agreement to “ extra, indirect, consequential, punitive or incidental damages ” shall mean any losses which ( one ) were not reasonably foreseeable by both parties ; ( two ) were known to you but not to us ; and/or ( three ) were sanely foreseeable by both parties but could have been prevented by you such as, for example ( but without limitation ), losses caused by viruses, malware or other malicious programs, or loss of or damage to your data .
You agree to use the Software in submission with all applicable laws, including local laws of the area or region in which you live or in which you download or use the Software .
12. LIMITED WARRANTY AND WARRANTY DISCLAIMER . Belkin warrants that any media ( such as a candle or USB adhere ) on which the Software may be provided will be free from defects in materials and craft under normal use for 90 days from the date of its original leverage ( the “ Warranty Period ” ). If you make an eligible software media claim under this guarantee during the Warranty Period ( the “ Limited Warranty ” ), Belkin will honor this guarantee by replacing the Software media. To make a claim under this Limited Warranty, return the defective media along with the sales receipt immediately to Belkin at the address indicated below, or you can contact the Belkin Support Team in your area as indicated below. This express Warranty is null if failure of the media has resulted from accident, mistreat, or misapplication. Any surrogate media will be warranted for the remainder of the original Warranty Period or thirty ( 30 ) days, whichever is longer. In relation to consumers who are entitled to the profit of the CGA, the media on which Software is provided comes with guarantees that can not be excluded under New Zealand police, and this circumscribed Warranty is in summation to any statutory rights such consumers may have under New Zealand law. This limited Warranty does not apply in Australia. Consumers in Australia have statutory rights in relation to the Software and media on which the Software is provided under the australian Consumer Law .
EXCEPT FOR THIS LIMITED WARRANTY ON MEDIA, SUBJECT TO SECTION 11 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY RELATED PROGRAMS AND DOCUMENTATION IS PROVIDED TO YOU “ AS IS, ” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY DO SO, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BELKIN, ITS RESELLERS AND ITS SUPPLIERS HEREBY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABLE OR SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF OR THE PERFORMANCE OF THE SOFTWARE AND RELATED INFORMATION, PROGRAMS AND DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT YOUR use OF THE SOFTWARE AND RELATED INFORMATION, PROGRAMS AND DOCUMENTATION WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS, INFORMATION, MATERIAL OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BELKIN OR A DEALER, AGENT OR AFFILIATE SHALL CREATE A WARRANTY. To the extent warranties can not be disclaimed or excluded, they are limited to the duration of the Warranty Period indicated above .
13. DISCLAIMERS, GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY:
IN SOME JURISDICTIONS AND CIRCUMSTANCES, IT IS POSSIBLE TO EXCLUDE AND/OR TO LIMIT BELKIN ’ S LIABILITY TO CONSUMERS. ONLY IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY DO SO, AND TO THE FULL EXTENT THAT IT IS ALLOWED BY LOCAL CONSUMER LAWS IN YOUR COUNTRY ( INCLUDING THE LAWS REFERRED TO IN SECTION 11 ABOVE IF YOU ARE A CUSTOMER IN AUSTRALIA OR NEW 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 LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. nothing IN THIS SECTION SHALL LIMIT BELKIN ’ S LIABILITY IN RELATION TO DEATH OR BODILY INJURIES RESULTING FROM THE NEGLIGENCE OR RECKLESSNESS OF BELKIN AND/OR ITS ASSOCIATED PARTIES .
YOUR consumption OF THE SOFTWARE, PRODUCT AND RELATED PROGRAMS AND DOCUMENTATION IS AT YOUR OWN RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ( AND BELKIN DISCLAIMS ) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HOME, HVAC SYSTEM, ELECTRICAL SYSTEM, PLUMBING, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR MISUSE OF THE SOFTWARE, PRODUCT AND RELATED PROGRAMS AND DOCUMENTATION. YOU ARE RESPONSIBLE FOR COMPLYING WITH ANY SAFETY WARNINGS AND PRECAUTIONS THAT ACCOMPANY THE PRODUCT. IF YOU ARE NOT COMFORTABLE WITH USING THE PRODUCT AFTER READING THE SAFETY WARNINGS, YOU MUST RETURN THE PRODUCT TO YOUR PLACE OF PURCHASE AND STOP USING THE SOFTWARE. BELKIN IS NOT RESPONSIBLE FOR ( I ) YOUR failure TO FOLLOW SAFETY WARNINGS, PRECAUTIONS OR ANY OTHER INSTRUCTIONS PROVIDED WITH THE PRODUCT AND/OR SOFTWARE, ( II ) YOUR negligence IN USE OF THE PRODUCT AND/OR SOFTWARE, OR ( III ) YOUR INTENTIONAL MISUSE OF THE PRODUCT OR SOFTWARE .
YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE AND ANY RELATED PROGRAMS AND DOCUMENTATION ARE NOT CERTIFIED FOR EMERGENCY RESPONSE OR INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE FAILURE, DELAY OR ERRORS OR INACCURACIES IN THE DATA OR INFORMATION PROVIDED BY THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. YOU UNDERSTAND THAT THE PRODUCT AND SOFTWARE ARE NOT PART OF AND DO NOT CONTAIN A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. BELKIN DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. BELKIN CUSTOMER SUPPORT CONTACTS CAN NOT BE CONSIDERED A LIFESAVING SOLUTION AND THEY ARE NOT A SUBSTITUTE FOR EMERGENCY SERVICES. ALL LIFE THREATENING AND EMERGENCY SITUATIONS SHOULD BE DIRECTED TO THE APPROPRIATE EMERGENCY RESPONSE SERVICES IN YOUR AREA.
It is your duty to back up your system, including without limit, any material, information or datum that you may use or possess in connection with the Product or Software, and Belkin shall have no liability for your failure to back up your system or any material, information or datum .
Some Belkin Products and Software may monitor energy consumption in the home. Belkin does not guarantee or promise any specific floor of energy savings or other monetary benefit from the consumption of the Products or Software or any other feature. Actual energy savings and any associated monetary benefits vary based on factors beyond Belkin ’ s control or cognition. From time to time, Belkin may use the Software to provide you with information that is alone to you and your energy usage and suggests an opportunity to save money on energy bills if you adopt suggestions or features of the Product or Software. You acknowledge that this information is not a guarantee of actual savings, and you agree not to seek monetary or early remedies from Belkin if your savings differs. All information provided to you by Belkin is provided “ as is ” and “ as available ”. We can not guarantee that it is discipline or up to date. In cases where it is critical, accessing information through the Software is not a substitute for conduct access of the data in the home .
The warranties and remedies set out in this Agreement are exclusive, and, to the extent permitted by law, in stead of all others oral or written, express or implied .
14. EXPORT CONTROL LAWS : You agree that the use of the Software is subject to U.S. and local export control laws and regulations. You represent and warrant that you are not located in or a citizen of an embargo or “ terrorist supporting ” state or a forbid or restricted end user under applicable U.S. or local anesthetic export and anti-terrorism laws, regulations and lists. You agree to strictly comply with all export operate laws and regulations and agree not to export, re-export, amuse, transfer or disclose any parcel of the Software or any refer technical information or materials, directly or indirectly, in trespass of any applicable export jurisprudence or regulation .
15. U.S. GOVERNMENT USERS : The Software and drug user documentation stipulate as “ commercial items ” as defined at 48 C.F.R. 2.101 and 48 C.F.R. 12.212. All U.S. Government users acquire the Software and user documentation with merely those rights herein that use to non-governmental customers. Use of either the Software or user documentation or both constitutes agreement by the U.S. Government that the Software and drug user software documentation are “ commercial calculator software ” and “ commercial computer software software documentation, ” and constitutes adoption of the rights and restrictions 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 have the right to opt-out of this mandatary arbitration provision. If you opt-out, you will retain your right field to file a lawsuit. To opt-out, you must follow the directions set away below under the bearing “ How to Opt Out of Mandatory Arbitration ”. If you do not opt-out, you will have agreed to the mandate arbitration set forth below .
PLEASE READ CAREFULLY. THE FOLLOWING PROVISIONS AFFECT YOUR RIGHTS .
YOU AND BELKIN EACH ACKNOWLEDGE AND AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND BELKIN ARISING OUT OF OR RELATING TO ( 1 ) THIS AGREEMENT, INCLUDING THE VALIDITY OF THIS SECTION, AND ( 2 ) YOUR use OF SOFTWARE AND/OR PRODUCT ( S ) UNDER THIS AGREEMENT ( COLLECTIVELY, THE “ DISPUTE ” ) SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY A MUTUALLY AGREEABLE NATIONALLY RECOGNIZED ARBITRATION AUTHORITY PURSUANT TO ITS CODE OF PROCEDURES THEN IN EFFECT FOR CONSUMER-RELATED DISPUTES. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE HAD A RIGHT TO LITIGATE A DISPUTE THROUGH A COURT BEFORE A JURY OR JUDGE, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION .
ARBITRATION PROCEDURES AND FEES . THE ARBITRATION SHALL OCCUR BEFORE A SINGLE ARBITRATOR, WHO MUST BE A RETIRED JUDGE OR JUSTICE, IN ONE OF SIX REGIONAL VENUES CONSISTENT WITH THE VENUE PROVISION BELOW. WHETHER OR NOT YOU PREVAIL IN THE DISPUTE SO LONG AS YOUR CLAIM IS NOT FOUND TO BE FRIVOLOUS BY THE ARBITRATOR AS MEASURED BY RULE 11 ( b ) OF THE FEDERAL RULES OF CIVIL PROCEDURE, YOU SHALL BE ENTITLED TO BE REIMBURSED FOR YOUR COSTS OF ARBITRATION, WITHIN THE SOLE DISCRETION OF THE ARBITRATOR. IF THE ARBITRATION AWARD IS EQUAL TO OR GREATER THAN THE AMOUNT YOU DEMANDED IN YOUR ARBITRATION CLAIM, BELKIN WILL PAY FOR YOUR REASONABLE AND ACTUAL ATTORNEYS ’ FEES YOU HAVE INCURRED TO ARBITRATE THE DISPUTE, PLUS A MINIMUM RECOVERY OF $ 2,500. ANY DECISION OR AWARD BY THE ARBITRATOR RENDERED IN AN ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING ON EACH PARTY, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. IF EITHER PARTY BRINGS A DISPUTE IN A COURT OR OTHER NON-ARBITRATION FORUM, THE ARBITRATOR OR JUDGE MAY AWARD THE OTHER PARTY ITS REASONABLE COSTS AND EXPENSES ( INCLUDING BUT NOT LIMITED TO ATTORNEYS ’ FEES ) INCURRED IN ENFORCING COMPLIANCE WITH THIS BINDING ARBITRATION PROVISION, INCLUDING STAYING OR DISMISSING SUCH DISPUTE .
WAIVER OF CLASSWIDE CLAIMS; SMALL CLAIMS COURT . NEITHER YOU NOR BELKIN SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU MAY HAVE HAD A RIGHT TO ARBITRATE A DISPUTE ON A CLASSWIDE OR REPRESENTATIVE BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO ARBITRATE ONLY YOUR OWN DISPUTE ( S ) IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION .
however THE ABOVE AGREEMENT TO ARBITRATE DISPUTES, YOU AND BELKIN EACH ACKNOWLEDGE AND AGREE THAT EITHER PARTY MAY, AS AN ALTERNATIVE TO ARBITRATION, BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT TO RESOLVE A DISPUTE, SO LONG AS SUCH SMALL CLAIMS COURT DOES NOT PROVIDE FOR OR ALLOW FOR JOINDER OR CONSOLIDATION OF CLAIMS .
GOVERNING LAW . THIS AGREEMENT IS TO BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW RULE THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION ( OTHER THAN THE INTERNAL LAWS OF THE STATE OF CALIFORNIA ) TO THE RIGHTS AND DUTIES OF THE PARTIES. HOWEVER, WITH RESPECT TO SOFTWARE PROVIDED, IF YOU ARE A CONSUMER AND YOU LIVE IN A COUNTRY WHERE BELKIN MARKETS OR PROMOTES THE SOFTWARE, LOCAL LAW MAY REQUIRE THAT CERTAIN CONSUMER PROTECTION LAWS OF YOUR COUNTRY OF RESIDENCE APPLY TO SOME SECTIONS OF THIS AGREEMENT. EACH OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNITED NATIONS CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS IS HEREBY EXPRESSLY EXCLUDED AND WILL NOT APPLY TO THIS AGREEMENT .
VENUE . EXCEPT FOR INDIVIDUAL SMALL CLAIMS ACTIONS WHICH CAN BE BROUGHT IN ANY SMALL CLAIMS COURT WHERE JURISDICTION AND VENUE ARE PROPER, ANY ARBITRATION, LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY DISPUTE SHALL BE COMMENCED IN ( 1 ) NEW YORK, NEW YORK, ( 2 ) ATLANTA, GEORGIA, ( 3 ) CHICAGO, ILLINOIS, ( 4 ) DALLAS, TEXAS, ( 5 ) SEATTLE, WASHINGTON, OR ( 6 ) LOS ANGELES, CALIFORNIA, AND YOU AND BELKIN EACH IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION AND VENUE FOR ANY SUCH PROCEEDING. HOWEVER, FOR A DISPUTE OF $ 2,500 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION IN ANY OF THE SIX REGIONAL VENUES PROCEEDS IN PERSON, BY TELEPHONE, OR BASED ONLY ON SUBMISSIONS .
HOW TO OPT OUT OF MANDATORY ARBITRATION. Notwithstanding the forfeit, you or Belkin may file a lawsuit in woo rather than resolving the challenge by arbitration if ( a ) the Dispute qualifies for little claims court ( there are monetary limitations for little claims court ), or ( 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 opt out of mandatary arbitration, you must ( i ) mail written notification to Belkin International, Inc., 12045 E. Waterfront Drive, Playa Vista, California, 90094, Attn : head Legal Officer, or ( two ) e-mail written presentment to arbitrationoptout @ belkin.com. In either subject, such written telling must include your name, address, and a well-defined argument that you do not wish to resolve disputes with Belkin through arbitration. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your challenge in arbitration or, if the quarrel qualifies, in belittled claims 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 courts in some countries or jurisdictions will not apply California law to some types of disputes. If you are house physician in one of those countries or jurisdictions, then where California law is excluded from applying, your area ’ mho laws will apply to such disputes which are related to this Agreement. In all other circumstances, this Agreement will be governed by California law, without reference book to its or any early jurisdiction ’ s conflict of laws principles. The courts in some countries or jurisdictions will not allow for quarrel resolution by arbitration or release of classwide claims by you. If you are a resident of one of those countries or jurisdictions, any action arising out of or relating to this Agreement may be brought entirely in the appropriate state or federal woo in Los Angeles, California, and Belkin and you irrevocably consent to the jurisdiction of such courts and venue in Los Angeles, California. however, if you are a consumer and you live in a nation where Belkin markets or distributes the Software, local jurisprudence may require that certain consumer auspices laws of your state of residence practice to some sections of this Agreement. In addition, Belkin may seek injunctive relief in any court having jurisdiction to protect its intellectual property rights. Each of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods is hereby expressly excluded and will not apply to this Agreement .
EU RESIDENTS . If you are a natural person who resides in a area in the European Union, the laws of the member state of matter in which you are a house physician shall apply to this Agreement and any disputes potentially arising in connection thereto. The courts of the penis submit in which you reside shall have non-exclusive legal power over any such quarrel. Residents of countries in the European Union may besides bring any such challenge before a local anesthetic consumer dispute settlement body, if any such torso is constituted under the laws of the country in which you reside. otherwise if you are located in Europe and are not a natural person, the laws of the United Kingdom shall apply to all matters arising from or relating to this Agreement ( without reference to its option of law provisions ) and all disputes related thereto are dealt entirely by the competent courts of the United Kingdom .
(REQUIRED FOR APP SOFTWARE ON APPLE’S APP STORE ONLY)
Acknowledgement. Both Belkin and you acknowledge that ( iodine ) this Agreement is concluded between Belkin and you only, and not with Apple, Inc. ( “ Apple ” ) ; ( two ) as between Belkin and Apple, Belkin, not Apple, is entirely responsible for the license application ( “ App ” ) and the contented thereof. This agreement does not provide for use rules for the App that conflicts with the App Store Terms of Service as of the date you entered into this Agreement, and you acknowledge that you have had the opportunity to review the App Store Terms of Service .
Scope of License : The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the use Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired and used by other accounts associated with you via family sharing or volume buying .
Maintenance and Support. Belkin is entirely creditworthy for providing any maintenance and subscribe services with respect to the App as required under applicable jurisprudence. Both Belkin and you acknowledge that Apple has no obligation any to furnish any alimony and hold services with esteem to the App .
Warranty : Belkin is entirely creditworthy for the guarantee in this Agreement, whether express or implied by law, to the extent not efficaciously disclaimed. In the event of any failure of the App to conform to any applicable guarantee, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximal extent permitted by applicable law, Apple will have no other guarantee obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any guarantee will be Belkin ’ s lone duty .
Product Claims. Belkin and you acknowledge that Belkin, and not Apple, is creditworthy for addressing any claims relating to the App and your possession and/or use of the App, including but not limited to : ( iodine ) merchandise liability claims ; ( two ) any claim that the App fails to conform to any applicable legal or regulative requirement ; and ( three ) claims arising under consumer security or similar legislation. This agreement does not limit Belkin ’ s liability beyond what is permitted by applicable law .
Intellectual Property Rights. Belkin and you acknowledge that in the event of any third party claim that the App or your monomania and habit of the App infringes that third gear party ’ s cerebral property rights, Belkin and not Apple will be entirely responsible for the probe, refutation, liquidation and discharge of any such intellectual place violation claim .
Third Party Terms of Agreement. You must comply with any applicable third-party terms of agreement when using the App, such as your wireless data service agreement .
Third Party Beneficiary. Belkin and you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this Agreement and that, upon your toleration of the terms and conditions of this Agreement, Apple will have the correct ( and will be deemed to have accepted the justly ) to enforce this Agreement against you as a third base party beneficiary .
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Belkin International, Inc.
12045 East Waterfront Drive
Playa Vista, California 90094
If you have a interview about your intersection or Software or experience a problem with it, please go to the follow websites for information on how to contact Belkin in your area :
- Belkin and Wemo Products: https://www.belkin.com/support
- Linksys Products: https://support.linksys.com
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Belkin, Linksys, Wemo and many product names and logos are trademarks of the Belkin group of companies. Third-party trademarks mentioned are the property of their respective owners .
© 2019 Belkin International, Inc. and/or its affiliates. All rights reserved .
Dated June 2019