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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 otherwise cease use of the Software.

If the Software has been installed on a personal computer or mobile 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 warranty in Section 12 the first paragraph will survive termination. If you are located in Australia or New Zealand, the following four paragraphs apply to you:.

In Australia, our Software and the media on which it is provided, as well as any related services, come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

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. To make a claim under this Limited Warranty, return the defective media along with the sales receipt directly to Belkin at the address indicated below, or you can contact the Belkin Support Team in your area as indicated below.

This Limited Warranty is void if failure of the media has resulted from accident, abuse, or misapplication. Any replacement 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 benefit of the CGA, the media on which Software is provided comes with guarantees that cannot be excluded under New Zealand law, and this Limited Warranty is in addition 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. To the extent warranties cannot be disclaimed or excluded, they are limited to the duration of the Warranty Period indicated above. It is your responsibility to back up your system, including without limitation, any material, information or data 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 data.

Some Belkin Products and Software may monitor energy consumption in the home. Belkin does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Products or Software or any other feature. From time to time, Belkin may use the Software to provide you with information that is unique 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 other remedies from Belkin if your savings differs. We cannot guarantee that it is correct or up to date.

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. If the failure does not amount to a major failure, you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

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. To make a claim under this Limited Warranty, return the defective media along with the sales receipt directly to Belkin at the address indicated below, or you can contact the Belkin Support Team in your area as indicated below.

This Limited Warranty is void if failure of the media has resulted from accident, abuse, or misapplication. Any replacement 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 benefit of the CGA, the media on which Software is provided comes with guarantees that cannot be excluded under New Zealand law, and this Limited Warranty is in addition 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. To the extent warranties cannot be disclaimed or excluded, they are limited to the duration of the Warranty Period indicated above.

It is your responsibility to back up your system, including without limitation, any material, information or data 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 data.

Some Belkin Products and Software may monitor energy consumption in the home. Belkin does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Products or Software or any other feature. From time to time, Belkin may use the Software to provide you with information that is unique 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 other remedies from Belkin if your savings differs. We cannot guarantee that it is correct or up to date.

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. Forgot your Password.

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