In cases where it is critical, accessing information through the Software is not a substitute for direct access of the information in the home. The warranties and remedies set out in this Agreement are exclusive, and, to the extent permitted by law, in lieu of all others oral or written, express or implied.
You agree to strictly comply with all export control laws and regulations and 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. All U. 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 U. If any portion of this Agreement or any of its terms is found to be void or unenforceable by law in a particular jurisdiction, such portion or terms shall be interpreted and enforced to the maximum extent allowed in such jurisdiction, and the remaining provisions or any part thereof will remain in full force and effect.
This Agreement constitutes the entire agreement between Belkin and you with respect to the Software and your use thereof and supersedes any conflicting or additional terms contained in any purchase order or elsewhere. No provision of this Agreement may be waived, modified or superseded except by a written instrument signed and accepted by Belkin and you. However, the Belkin Privacy Policy referenced herein is subject to change in the manner described in that document.
Belkin may provide translations of this Agreement as a convenience to users. However, in the event of a conflict or inconsistency 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.
Any suppliers of Belkin shall be direct and intended third-party beneficiaries of this Agreement, including without limitation with respect to the disclaimers of warranties and limitations on liability set forth herein.
Other than as set forth in the preceding sentence, a person or entity who is not a party to this Agreement shall not have any right to enforce any term of this Agreement. No failure or delay in exercising any right or remedy shall operate as a waiver of any such or any other right or remedy. The language of this Agreement shall not be construed strictly for or against either party, regardless of who drafted such language or was principally responsible for drafting it.
The rights and obligations under this Agreement are not assignable by you, and any attempted assignment shall be void and without effect. This Agreement shall bind and inure to the benefit of the parties and their successors and permitted assigns. You have the right to opt-out of this mandatory arbitration provision. If you opt-out, you will retain your right to file a lawsuit. If you do not opt-out, you will have agreed to the mandatory arbitration set forth below.
In order to opt out of mandatory arbitration, you must i mail written notification to Belkin International, Inc. In either case, such written notification must include your name, address, and a clear statement 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 Dispute in arbitration or, if the dispute qualifies, in small 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:. The courts in some countries or jurisdictions will not apply California law to some types of disputes. The courts in some countries or jurisdictions will not allow for dispute resolution by arbitration or waiver 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 exclusively in the appropriate state or federal court 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 country where Belkin markets or distributes 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. If you are a natural person who resides in a country in the European Union, the laws of the member state in which you are a resident shall apply to this Agreement and any disputes potentially arising in connection thereto. The courts of the member state in which you reside shall have non-exclusive jurisdiction over any such dispute. Residents of countries in the European Union may also bring any such dispute before a local consumer dispute resolution body, if any such body 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 choice of law provisions and all disputes related thereto are dealt exclusively by the competent courts of the United Kingdom. Both Belkin and you acknowledge that i this Agreement is concluded between Belkin and you only, and not with Apple, Inc.
This Agreement does not provide for usage 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 Usage 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 purchasing.
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