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Belkin Official Support – F5U257 Downloads

Belkin Worldwide, Inc., together with all associates and subsidiaries (“Belkin”, “us” or “we”) thanks you for selecting one in all our Belkin, Belkin or WeMo merchandise (the “Product”). This Finish-Person License Settlement (this “Settlement”) is a authorized doc that accommodates the phrases and situations below which restricted use of sure Software program (as outlined beneath) that operates with the Product is licensed to you.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING 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.

This product is Software program licensed to you by Belkin and, the place relevant, by Belkin’s suppliers. “Software program” means any and all firmware applications and related information supplied with respect to the Product; any and all software program applications, purposes or “apps” and related information supplied with respect to the Product; all modified variations of and upgrades or enhancements to such applications (equivalent to these supplied through web-based updates), all subsequent variations of such applications, and all copies of such applications and information. Software program doesn’t embrace any Open Supply Software program (as outlined beneath).

By “you,” we imply the purchaser, recipient or different finish person of the Product containing the Software program or the purchaser, recipient or different finish person of the Software program on a standalone foundation. “You” may additionally imply an individual who has downloaded the Software program from a certified web site, equivalent to http://www.belkin.com or from a certified utility market or retailer, equivalent to Apple’s App Retailer or Google Play (every such utility market or retailer is referred to on this Settlement as an “App Retailer” and collectively as “App Shops”).

1. LICENSE GRANT. Belkin hereby grants you the suitable to make use of: (i) the place your Product isn’t a “Small-Medium Enterprise or SMB” branded Product, on your private, non-commercial functions; or (ii) the place your Product is a “Small Medium Enterprise or SMB Product, on your private or industrial use; copies of the Software program in object code type on units that you simply personal (or, within the case of firmware, one copy of the firmware in object code type solely on the Product referring to the firmware). As a part of this license, it’s possible you’ll (A) function the Software program within the method described within the person documentation for the Software program; (B) the place the Software program is supplied for obtain onto a private pc or cell gadget, make as many copies of the Software program as you moderately want on your personal use (this doesn’t embrace firmware); and (C) completely switch all your rights to make use of the Product (together with however not restricted to the Software program) to a different particular person, as long as that particular person additionally agrees to be sure by this Settlement, and following such switch you cease utilizing the Product and the Software program.

You’ll find the person documentation for the Software program on the “Help” web page of the relevant Belkin web site.

2. LICENSE RESTRICTIONS. The Software program is licensed, not offered, to you. You solely have the non-exclusive proper to make use of the Software program in accordance with this Settlement. You could not (i) modify, adapt or in any other case create spinoff works from the Software program, the Product containing the Software program or person documentation (besides as could also be permitted by an relevant open supply license) with out receiving prior written consent from Belkin to make any such modifications: (ii) lease, sublicense, resell, lease, mortgage, redistribute, or in any other case switch (besides as expressly permitted above), whether or not for industrial functions or in any other case, the Software program or person documentation; (iii) reverse engineer, disassemble, decrypt or decompile the Product or the Software program or in any other case attempt to cut back the Software program to a human-readable type, besides the place and solely to the extent that such exercise is permitted by relevant legislation or the place Belkin is required to allow such exercise below the phrases of an relevant open supply license; (iv) take away or alter any copyright, trademark or different proprietary notices contained within the Software program or person documentation; (v) use the Product, Software program or person documentation to develop a competing {hardware} and/or software program product, or in any other case in any method not set forth on this Settlement or the person documentation; (vi) if the Software program is firmware, copy the firmware (apart from one backup copy for archival functions solely), apply it to a multi-user system or function it individually from the Product onto which it’s embedded; (vii) use the Software program to transmit software program viruses or different dangerous pc code, information or applications, or to avoid, disable or in any other case intervene with security-related options of the Software program; (viii) use the Software program to gather or harvest any third occasion’s personally identifiable data, to ship unauthorized industrial communications or to invade the privateness rights of any third occasion; or (ix) use the Software program for any illegal goal, and/or in any method that breaches this Settlement. All rights not expressly granted to you by Belkin below this Settlement are hereby reserved by Belkin. You’ll not purchase such rights, whether or not by way of estoppel, implication, or in any other case.

3. APP SOFTWARE RESTRICTIONS. When you have downloaded the Software program from an App Retailer, you might be additionally topic to any phrases of use of that App Retailer. Such phrases of use could prohibit you from doing a number of the issues you might be permitted to do below this Settlement, or allow you to do a number of the issues you might be prohibited from doing below this Settlement. As well as, utility of the App Retailer’s phrases of use could end in different phrases of this Settlement not being relevant to the Software program or making use of otherwise than this Settlement states. In case your use of the Software program is topic to an App Retailer’s phrases of use, then within the occasion of any battle or ambiguity between the phrases of this Settlement and such App Retailer’s phrases of use, the App Retailer’s phrases of use will govern, however solely to the extent essential to resolve such battle or ambiguity, and the phrases of this Settlement will in any other case stay in full pressure and impact. However something on the contrary on this Settlement, through the use of the Software program, you acknowledge and agree that it’s solely your duty to know the phrases of this Settlement, in addition to the phrases of use of any App Retailer that could be related to the Software program or the Product.

4. UPGRADES AND UPDATES. Whereas Belkin isn’t required to take action, Belkin could give you upgrades or updates to this Software program. This Settlement will govern any upgrades supplied by Belkin that change and/or complement the unique firmware and/or Software program, until such improve is accompanied by a separate finish person license settlement, through which case the phrases of that finish person license settlement will govern. For those who resolve to not obtain and use an improve or replace supplied by Belkin, you perceive that you can put the Software program in danger to critical safety threats or trigger the Software program to turn into unusable or unstable. Some Merchandise embrace an auto-update function, which provides us the flexibility to make updates mechanically. You may change auto-update choices by altering your settings inside the Product account data. In very restricted circumstances, updates should be mechanically utilized, whatever the auto-update setting. For instance, we could present an automated replace that fixes a safety breach or vulnerability to your community. We may additionally give you up to date Software program information information mechanically to learn you, equivalent to to give you up to date gadget data to determine new units in your community. These information information don’t replace your firmware, however encompass Software program information which might be cached in your Product and override older information. By agreeing to this Settlement, you comply with automated updates.

5. DATA AND PRIVACY. We at Belkin are dedicated to defending your privateness. Our aim is to give you a constructive expertise when utilizing our apps, services and products, whereas on the identical time preserving your Private Data, as outlined within the Belkin Privateness Coverage (the “Privateness Coverage”), safe. Our privateness practices are described within the Privateness Coverage, in addition to in separate notices given when an app, services or products is bought or downloaded. Through the use of Belkin Merchandise or offering us together with your Private Data, you might be accepting and consenting to the practices, phrases and situations described within the Privateness Coverage. Always your data can be handled in accordance with the Belkin Privateness Coverage, which is integrated by reference into this Settlement and might be seen right here.

6. OPEN SOURCE SOFTWARE. You hereby acknowledge that the Software program could include Open Supply Software program (as outlined beneath). This license doesn’t apply to Open Supply Software program contained within the Software program. Moderately, the phrases and situations within the relevant Open Supply Software program license shall apply to the Open Supply Software program. Nothing on this Settlement limits your rights below, or grants you rights that supersede, any Open Supply Software program license. You acknowledge that the Open Supply Software program license is solely between you and the relevant licensor of the Open Supply Software program. You shall adjust to the phrases of all relevant Open Supply Software program licenses, if any. License and copyright data for the Open Supply Software program are disclosed within the Product documentation, inside the “Help” tab on Belkin web sites and inside the “Contact Us” part on Belkin web sites. Belkin isn’t obligated to supply any upkeep or assist for the Open Supply Software program or any Product Software program that has been modified by you pursuant to an Open Supply Software program license.

“Open Supply Software program” means any software program or software program element or know-how that’s topic to an open supply license. Open supply licenses are typically licenses that make supply code obtainable without cost modification and distribution, however may apply to know-how acquired and distributed solely in object code type. Examples of open supply licenses embrace: (a) GNU’s Basic Public License (GPL) or Lesser/Library GPL (LGPL); (b) the OpenSSL License; (c) the Mozilla Public License; (d) the Berkeley Software program Distribution (BSD) License; and (e) the Apache License.

7. INTELLECTUAL PROPERTY RIGHTS. All title and mental property rights (together with with out limitation all copyrights, patents, commerce secret rights and trademark rights) in and to the Software program (together with however not restricted to any content material integrated into the Software program), the accompanying printed supplies, and any copies of the Software program, are owned by Belkin or its suppliers. Subsequently, you could deal with the Software program like some other materials protected by legal guidelines and treaties referring to worldwide property rights and in accordance with this Settlement.

8. THIRD PARTY PRODUCTS AND SERVICES. The Software program could include hyperlinks or different options that make it simpler so that you can go to or log-in to impartial third-party web sites (“Linked Websites”). These options are supplied solely as a comfort to you. Linked Websites will not be below Belkin’s management, and Belkin isn’t accountable or chargeable for and doesn’t endorse the content material or practices of such Linked Websites, together with any data or supplies contained on such Linked Websites. You will want to make your personal impartial judgment concerning your interplay with these Linked Websites. You hereby waive and launch any authorized declare you may need in opposition to Belkin with respect to those websites or third-party services or products, and your use of those websites, third-party services or products. We encourage you to learn the phrases and situations and privateness coverage of every third occasion web site that you simply select to go to.

9. INDEMNITY. If Belkin is the topic of a declare, turns into concerned in a authorized continuing, or suffers any financial loss or injury because of your violation of this Settlement, to the extent permitted by legislation, you can be accountable for compensating Belkin for the complete quantity of its loss, in addition to any cheap quantities Belkin incurs in attorneys’ charges, bills and court docket prices, besides to the extent that Belkin contributed to the loss or injury.

10. TERM. This Settlement is efficient whenever you click on on the “I Settle for” button, or whenever you in some other method use, copy or set up the Software program, which can represent your acceptance of, and settlement to, this Settlement. As soon as accepted, this Settlement stays in impact till terminated. The restricted license on this Settlement can be mechanically terminated in the event you fail to adjust to any of the phrases and situations on this Settlement. You agree that upon such termination, you’ll instantly destroy all applications and documentation that relate to the Software program, together with all copies made or obtained by you, and in any other case stop use of the Software program. If the Software program has been put in on a private pc or cell gadget, you could uninstall the Software program instantly. If the Software program is software program or firmware embedded on a Product, you could cease utilizing the Product. All provisions of this Settlement aside from Part 1 and the restricted guarantee in Part 12 (the primary paragraph) will survive termination.

11. IMPORTANT NOTICE REGARDING YOUR CONSUMER RIGHTS. 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 DEPENDING ON WHERE YOU LIVE. FOR EXAMPLE, IN AUSTRALIA AND NEW ZEALAND, OUR SOFTWARE AND THE MEDIA ON WHICH IT IS PROVIDED COME WITH STATUTORY GUARANTEES, INCLUDING AS TO QUALITY AND FITNESS FOR PURPOSE, WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE AUSTRALIAN CONSUMER LAW OR THE CONSUMER GUARANTEES ACT 1993 (NEW ZEALAND) (AS FURTHER EXPLAINED BELOW).

THIS AGREEMENT IS NOT INTENDED TO AND DOES NOT: (I) CHANGE OR EXCLUDE ANY STATUTORY CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED; OR (II) 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 COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING LOCAL LAWS OF THE COUNTRY OR REGION IN WHICH YOU LIVE OR IN WHICH YOU DOWNLOAD OR USE THE SOFTWARE.

CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN CONSUMER LAW AND THE CONSUMER GUARANTEES ACT 1993 (NEW ZEALAND) (“CGA”) MAY IMPLY WARRANTIES OR CONDITIONS, OR IMPOSE GUARANTEES OR OBLIGATIONS ON BELKIN, WHICH OPERATE TO PROTECT CERTAIN AUSTRALIAN OR NEW ZEALAND PURCHASERS OF GOODS AND SERVICES IN VARIOUS CIRCUMSTANCES (“AU/NZ APPLICABLE LAWS”). NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY CONDITION, WARRANTY, GUARANTEE, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY AU/NZ APPLICABLE LAWS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED. If any situation, guarantee or assure is implied into this Settlement or imposed on Belkin below AU/NZ Relevant Legal guidelines and can’t be excluded, however Belkin has a selection of a treatment, then Belkin’s legal responsibility for breach of the situation, guarantee or assure is proscribed to a number of of the next, at Belkin’s choice: (a) within the case of products, the alternative of the products or the availability of equal items, the restore of the products or refunding the cost for the products if it will be unreasonable to anticipate the merchandise to be repaired; or (b) within the case of companies, the supplying of the companies once more, or the cost of the price of having the companies equipped once more. Along with these cures a “client” (inside the that means of the CGA) could declare for any moderately foreseeable loss (apart from loss or injury by way of discount of worth of the products) that outcomes from the preliminary drawback.

12. LIMITED WARRANTY AND DISCLAIMER. Belkin warrants that any media (equivalent to a CD or USB stick) on which the Software program is supplied can be free from defects in supplies and workmanship below regular use for 90 days from the date of its unique buy (the “Guarantee Interval”). For those who make an eligible software program media declare below this guarantee throughout the Guarantee Interval (the “Restricted Guarantee”), Belkin will honor this guarantee by changing the Software program media. To make a declare below this Restricted Guarantee, return the faulty media together with the gross sales receipt on to Belkin on the following deal with: Belkin Worldwide, Inc., 12045 E. Waterfront Drive, Playa Vista, CA 90094. This Restricted Guarantee is void if failure of the media has resulted from accident, abuse, or misapplication. Any alternative media can be warranted for the rest of the unique Guarantee Interval or thirty (30) days, whichever is longer. In relation to shoppers who’re entitled to the good thing about the CGA, the media on which Software program is supplied comes with ensures that can’t be excluded below New Zealand legislation, and this Restricted Guarantee is along with any statutory rights such shoppers could have below New Zealand legislation. This Restricted Guarantee doesn’t apply in Australia. Shoppers in Australia have statutory rights in relation to the Software program and media on which the Software program is supplied below the Australian Shopper Legislation.

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, A DEALER, AGENT OR AFFILIATE SHALL CREATE A WARRANTY. To the extent warranties can’t be disclaimed or excluded, they’re restricted to the period of the related Guarantee Interval.

YOUR USE 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 PRODUCTS 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 CANNOT 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’s your duty to again up your system, together with with out limitation, any materials, data or information that you could be use or possess in reference to the Product or Software program, and Belkin shall haven’t any legal responsibility on your failure to again up your system or any materials, data or information.

Some Belkin Merchandise and Software program could monitor vitality consumption within the dwelling. Belkin doesn’t assure or promise any particular degree of vitality financial savings or different financial profit from the usage of the Merchandise or Software program or some other function. Precise vitality financial savings and any related financial advantages differ primarily based on elements past Belkin’s management or data. Infrequently, Belkin could use the Software program to give you data that’s distinctive to you and your vitality utilization and suggests a chance to economize on vitality payments in the event you undertake solutions or options of the Product or Software program. You acknowledge that this data isn’t a assure of precise financial savings, and also you agree to not search financial or different cures from Belkin in case your financial savings differs. All data supplied to you by Belkin is supplied “as is” and “as obtainable”. We can not assure that it’s right or updated. In circumstances the place it’s important, accessing data by way of the Software program isn’t an alternative choice to direct entry of the data within the dwelling.

13. GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BELKIN, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD PARTY PRODUCTS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), REGARDLESS OF THE THEORY OF LIABLITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF BELKIN OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF BELKIN, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS TO YOU FOR ALL DAMAGES EXCEED THE LESSER OF FIFTY DOLLARS ($50.00) OR THE PRICE YOU PAID FOR THE PRODUCT, THE SOFTWARE OR THE MEDIA CONTAINING THE SOFTWARE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS SECTION IS INTENDED TO LIMIT THE LIABILITY, UNDER APPLICABLE LAW, OF BELKIN IN RELATION TO DEATH OR BODILY INJURIES.

IF YOU LIVE IN THE EUROPEAN UNION, REFERENCES TO “SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES” SHALL MEAN ANY LOSSES WHICH (I) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES; (II) WERE KNOWN TO YOU BUT NOT TO US; AND/OR (III) WERE REASONABLY 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.

The warranties and cures set out on this Settlement are unique, and, to the extent permitted by legislation, in lieu of all others oral or written, categorical or implied.

14. EXPORT CONTROL LAWS: You agree that the usage of the Software program is topic to U.S. and native export management legal guidelines and laws. You signify and warrant that you’re not a citizen of an embargoed or “terrorist supporting” nation or a prohibited or restricted finish person below relevant U.S. or native export and anti-terrorism legal guidelines, laws and lists. You comply with strictly adjust to all export management legal guidelines and laws and agree to not export, re-export, divert, switch or disclose any portion of the Software program or any associated technical data or supplies, straight or not directly, in violation of any relevant export legislation or regulation.

15. U.S. GOVERNMENT USERS: The Software program and person documentation qualify as “industrial gadgets” as outlined at 48 C.F.R. 2.101 and 48 C.F.R. 12.212. All U.S. Authorities customers purchase the Software program and person documentation with solely these rights herein that apply to non-governmental prospects. Use of both the Software program or person documentation or each constitutes settlement by the U.S. Authorities that the Software program and person documentation are “industrial pc software program” and “industrial pc software program documentation,” and constitutes acceptance of the rights and restrictions herein.

16. GENERAL TERMS. If any portion of this Settlement or any of its phrases is discovered to be void or unenforceable by legislation in a specific jurisdiction, such portion or phrases shall be interpreted and enforced to the utmost extent allowed in such jurisdiction, and the remaining provisions or any half thereof will stay in full pressure and impact. This Settlement constitutes your complete settlement between Belkin and also you with respect to the Software program and your use thereof and supersedes any conflicting or extra phrases contained in any buy order or elsewhere. No provision of this Settlement could also be waived, modified or outmoded besides by a written instrument accepted by Belkin and also you. Nonetheless, the Belkin Privateness Coverage referenced herein is topic to vary within the method described in that doc. Belkin could present translations of this Settlement as a comfort to customers. Nonetheless, within the occasion of a battle or inconsistency between the English and any non-English variations, the English model of this Settlement shall govern, to the extent not prohibited by native legislation in your jurisdiction. Any suppliers of Belkin shall be direct and supposed third-party beneficiaries of this Settlement, together with with out limitation with respect to the disclaimers of warranties and limitations on legal responsibility set forth herein. Apart from as set forth within the previous sentence, an individual or entity who isn’t a celebration to this Settlement shall not have any proper to implement any time period of this Settlement. No failure or delay in exercising any proper or treatment shall function as a waiver of any such (or some other) proper or treatment. The language of this Settlement shall not be construed strictly for or in opposition to both occasion, no matter who drafted such language or was principally accountable for drafting it. The rights and obligations below this Settlement will not be assignable by you, and any tried task shall be void and with out impact. This Settlement shall bind and inure to the good thing about the events and their successors and permitted assigns. Within the occasion of any authorized continuing between the events arising out of or associated to this Settlement, the prevailing occasion shall be entitled to recuperate, along with some other reduction awarded or granted, its prices and bills (together with cheap attorneys’ and skilled witness’ charges) incurred in any such continuing.

In case you are positioned in the USA, Part 17 applies to you:

17. ARBITRATION, WAIVER OF CLASSWIDE ARBITRATION, GOVERNING LAW & VENUE.

(A) GENERALLY. SUBJECT TO CLAUSE 17(D) BELOW, 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 JAMS, A 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.

(B) ARBITRATION PROCEDURES AND FEES. PRIOR TO SUBMITTING A CLAIM FOR ARBITRATION, EITHER PARTY SHALL FIRST NOTIFY THE OTHER PARTY TO TRY TO RESOLVE THE DISPUTE. IF THE DISPUTE IS NOT RESOLVED WITHIN 60 DAYS OF SUCH NOTIFICATION, THEN THE CLAIM WILL BE SUBMITTED FOR ARBITRATION. THE ARBITRATION OF ANY DISPUTE OR CLAIM SHALL BE CONDUCTED IN ACCORDANCE WITH THE THEN CURRENT AND APPLICABLE RULES OF JAMS AS MODIFIED BY THIS AGREEMENT. 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. ANY ARBITRATION SHALL BE CONFIDENTIAL, AND NEITHER YOU, NOR BELKIN NOR THE ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT OR RESULTS OF ANY ARBITRATION, EXCEPT AS MAY BE REQUIRED BY LAW OR FOR PURPOSES OF ENFORCEMENT OR APPEAL OF THE ARBITRATION AWARD. JUDGMENT ON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING PROPER JURISDICTION. IF ANY PORTION OF THIS ARBITRATION CLAUSE IS DETERMINED BY A COURT TO BE INAPPLICABLE OR INVALID, THEN THE REMAINDER SHALL STILL BE GIVEN FULL FORCE AND EFFECT.

(C) 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. NOTWITHSTANDING 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.

(D) GOVERNING LAW; INJUNCTIVE RELIEF. THIS AGREEMENT IS TO BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULE THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION 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. 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.

(E) 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 SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF ANY SUCH PROCEEDING. HOWEVER, FOR A DISPUTE OF $10,000 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.

In case you are positioned outdoors of the USA, or if Part 17 doesn’t apply to you or is in any other case unenforceable as adjudicated by a court docket of competent jurisdiction, then Part 18 applies to you:

18. GOVERNING LAW. This Settlement can be ruled by California legislation, irrespective of its or some other jurisdiction’s battle of legal guidelines ideas. Any motion arising out of or referring to this Settlement could also be introduced solely within the applicable state or federal court docket in Los Angeles, California, and Belkin and also you irrevocably consent to the jurisdiction of such courts and venue in Los Angeles, California. Nonetheless, if you’re a client and you reside in a rustic the place Belkin markets or distributes the Software program, native legislation could require that sure client safety legal guidelines of your nation of residence apply to some sections of this Settlement. As well as, Belkin could search injunctive reduction in any court docket having jurisdiction to guard its mental property rights. Every of the United Nations Conference on Contracts for the Worldwide Sale of Items and the United Nations Conference on the Limitation Interval within the Worldwide Sale of Items is hereby expressly excluded and won’t apply to this Settlement.

BELKIN, LINKSYS, WEMO and plenty of product names and logos are emblems of the Belkin group of corporations. Third-party emblems talked about are the property of their respective house owners.

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