END USER LICENSE AGREEMENT
PLEASE REVIEW THIS END USER LICENSE AGREEMENT (THIS "AGREEMENT") CAREFULLY. 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. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CHECK THE BOX OR CLICK THE BUTTON AND DO NOT USE THE SOFTWARE. IF YOU DON'T ACCEPT THE TERMS OF THIS AGREEMENT AND YOU PURCHASED A PRODUCT CONTAINING THE SOFTWARE FROM AN AUTHORIZED RETAILER OR RESELLER, YOU MAY RETURN THE PRODUCT WITH PROOF OF PURCHASE FOR A REFUND SUBJECT TO THE APPLICABLE RETURN POLICY.
This product is software, or contains software (including firmware), licensed to you by Linksys LLC, a wholly-owned subsidiary of Belkin International, Inc., or one of its subsidiaries or affiliates ("Linksys", "us" or "we") and by Linksys' suppliers. This Agreement sets forth the terms and conditions governing your use of any and all software and/or firmware incorporated in this product, excluding technology from the open source community (the "Software"), including, without limitation, how you may use the Software, Linksys' responsibilities for how the Software will work, and your responsibilities relating to how you use the Software.
By "you," we mean the purchaser, recipient or other end user of a Linksys product (a "Product") containing the Software or the purchaser, recipient or other end user of the Software on a standalone basis. "You" may also mean a person that has downloaded the Software from an authorized website, such as http://linksys.com, or from an authorized application market or store, such as Apple's App Store or Google Play (collectively, authorized application markets and stores are referred to in this Agreement as "App Stores").
What you may do:
You can find the user documentation for the Software on the Internet at http://linksys.com on the "Support" page.
What you may not do, and what you may not permit others to do:
Upgrades and Updates: While Linksys is not required to do so, Linksys may provide you with upgrades or updates to this Software. This Agreement covers any upgrades or updates to the Software you may obtain from Linksys, from one of its authorized resellers, retailers or distributors or from an App Store, unless the upgrade or update comes with its own license agreement. If you decide not to download an upgrade or update provided by Linksys, you understand that you could put the Software at risk to serious security threats or cause the Software to become unusable.
Data, Information and Privacy: At all times your information will be treated in accordance with either Belkin's Privacy Statement, which is incorporated by reference into this Agreement and can be viewed at: http://www.belkin.com/us/privacypolicy, or the Linksys Smart Wi-Fi Privacy Statement, which is incorporated by reference into this Agreement and can be viewed by clicking on the "Privacy Statement" link at the bottom of the Linksys Smart Wi-Fi page available here: http://www.linksyssmartwifi.com.
Ownership: The Software is licensed, not sold, to you. Any rights that are not expressly granted to you under this Agreement are reserved to Linksys.
Third Party Products and Services: The Software may contain links or other features that make it easier for you to visit or log-in to independent third-party websites ("Linked Sites"). These features are provided solely as a convenience to you. Linked Sites are not under Linksys' control, and Linksys is not responsible or liable for and does not endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. You hereby waive and release any legal claim you might have against Linksys with respect to these sites or third-party products or services.
Indemnity: If Linksys is the subject of a claim, becomes involved in a legal proceeding, or suffers any economic loss or damage as a result of your violation of this Agreement, to the extent permitted by law, you will be responsible for compensating Linksys for the full amount of its loss, as well as any reasonable amounts Linksys incurs in lawyers' fees, expenses and court costs, except to the extent that Linksys contributed to the loss or damage.
Termination: If you fail to abide by the terms of this Agreement, we reserve the right to terminate this Agreement by written notice to you, in which case your right to use the Software terminates and you are required to stop using the Software. If the Software has been installed on a personal computer, you must uninstall the Software immediately. If the Software is firmware embedded on a Product, you must stop using the Product.
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 THIS SECTION ENTITLED "LIMITED WARRANTY" MAY NOT APPLY TO YOU. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, LINKSYS' 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, 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 (as further explained below).
This Agreement is not intended to and does not:
If you are located in Australia or New Zealand, the following paragraph applies to you:
Certain legislation, including the Australian Consumer Law and the Consumer Guarantees Act 1993 (New Zealand) may imply warranties or conditions, or impose guarantees or obligations on Linksys, 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 condition, warranty or guarantee is implied into this Agreement or imposed on Linksys under AU/NZ Applicable Laws and cannot be excluded, but Linksys is permitted by an AU/NZ Applicable Law to limit Linksys' remedy for a breach of such a condition, warranty or guarantee, then the liability of Linksys for breach of the condition, warranty or guarantee is limited to one or more of the following, at Linksys' option: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Linksys warrants that any media (such as a CD or USB stick) on which the Software is provided will be free from defects in materials and workmanship under normal use for 90 days from the date of its original purchase (the "Warranty Period"). If you make an eligible software media claim under this warranty, Linksys will honor this warranty by replacing the Software media. 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, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the Software is provided to you "as is," with all faults and without warranties of any kind. In particular, Linksys does not guarantee that the Software will be error-free or that the Software will be free from attack from computer viruses or other system threats. Linksys also does not warrant that the Software will meet your expectations or that the Software will be suitable for your particular purposes. Linksys does not guarantee that the Software will not infringe someone else's intellectual property rights.
IT IS YOUR RESPONSIBILITY TO BACK UP YOUR SYSTEM INCLUDING, WITHOUT LIMITATION, ANY DATA THAT YOU MAY USE OR POSSESS IN CONNECTION WITH THE PRODUCT. ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PRODUCT, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA.
General Exclusions and Limitations of Liability: In some jurisdictions and circumstances, it is possible to exclude and/or to limit Linksys' liability to consumers. Only in those jurisdictions where it can lawfully do so, and to the full extent that it is allowed by law to do so, Linksys:
Nothing in this Section shall limit the liability of Linksys 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
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 that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Software or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
U.S. Government Users: The Software and user documentation qualify as "commercial items" as defined at 48 C.F.R. 2.101 and 48 C.F.R. 12.212. All Government users acquire the Software and user documentation with only those rights herein that apply to non-governmental customers. Use of either the Software or user documentation or both constitutes agreement by the Government that the Software and user documentation are "commercial computer software" and "commercial computer software documentation," and constitutes acceptance of the rights and restrictions herein.
General Terms: If any portion of this Agreement or any of its terms is found to be void or unenforceable, the remaining provisions or any part thereof will remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the Software and supersedes any conflicting or additional terms contained in any purchase order or elsewhere. No changes to this Agreement will be binding unless in writing and accepted by Linksys and you. However, the contents of the Belkin Privacy Statement and/or the Linksys Smart Wi-Fi Privacy Statement are subject to change in the manner described in those documents. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Linksys. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern, to the extent not prohibited by local law in your jurisdiction.
If you are located in the United States, the following clauses apply to you:
Arbitration, Waiver of Classwide Arbitration, Governing Law & Venue: YOU AND LINKSYS EACH ACKNOWLEDGE AND AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND LINKSYS ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, INCLUDING THE VALIDITY OF THIS SECTION, AND (2) YOUR USE OF 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.
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, LINKSYS 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.
NEITHER YOU NOR LINKSYS 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 LINKSYS 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.
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 LINKSYS 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.
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 LINKSYS EACH IRREVOCABLY SUBMITS 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.
If you are located outside of the United States, the following clause applies to you:
Governing Law: This Agreement will be governed by California law, without reference to its or any other jurisdiction's conflict of laws principles. The state and federal courts of California shall have non-exclusive jurisdiction over any claim arising under, or in connection with, this Agreement. However, if you are a consumer and you live in a country where Linksys 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.
BELKIN, LINKSYS 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.
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