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Release Notes. Belkin International, Inc. Software does not include any Open Source Software as defined below. As part of this license, you may A operate the Software in the manner described in the 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 use this does not include firmware ; and C permanently transfer all of your rights to use the Product including but not limited to the Software to another person, so long as that person also agrees to be bound by this Agreement, and following such transfer you stop using the Product and the Software.
The Software is made available to you on the basis of a limited license only as set out in this Agreement. You have the non-exclusive right to use the Software in accordance with 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 otherwise.
If you have downloaded the Software from an App Store, you are also subject to any terms of use of that App Store. Such terms of use may prohibit you from doing some of the things you are permitted to do under this Agreement or permit you to do some of the things you are prohibited from doing under this Agreement.
Notwithstanding anything to the contrary in this Agreement, by using the Software, you acknowledge and agree that it is solely your responsibility to understand the terms of this Agreement, as well as the terms of use of any App Store that may be relevant to the Software or the Product. While Belkin is not required to do so, Belkin may provide you with upgrades or updates to this Software.
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 limited cases, updates may still be automatically applied, regardless of the auto-update setting. For example, we may provide an automatic update that fixes a security breach or vulnerability to your network. We may also 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 network. These data files do not update your firmware but consist of Software files that are cached on your Product and override older files.
By agreeing to this Agreement, you agree to automatic updates. Belkin is committed to protecting your privacy. Our privacy practices are described in the Privacy Policy, as well as in separate notices given when an app, product or service is purchased or downloaded.
At all times your information will be treated in accordance with the Belkin Privacy Policy, which is incorporated by reference into this Agreement and can be viewed here. 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 solely 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. Belkin is not obligated to provide any maintenance 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 licenses are generally licenses that make source code available for free modification and distribution, but can also apply to technology received and distributed solely in object code form.
All title and intellectual property rights including without limitation all copyrights, patents, trade secret rights and trademark rights in and to the Software including but not limited to any content incorporated into the Software , the accompanying printed materials, and any copies of the Software, are owned by Belkin or its suppliers. Therefore, you must treat the Software like any other material protected by laws and treaties relating to international property rights and in accordance with this Agreement.
These features are provided solely as a convenience to you. You will need to make your own independent judgment regarding your interaction with any Linked Sites. You hereby waive and release any legal claim you might have against Belkin with respect to these sites or third-party products or services, and your use of these sites, third-party products or services.
We encourage you to read the terms and conditions and privacy policy of each third party website that you choose to visit. If Belkin 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 Belkin for the full amount of its loss, as well as any reasonable amounts Belkin incurs in lawyers' fees, expenses and court costs, except to the extent that Belkin contributed to the loss or damage.
Once accepted, this Agreement remains in effect until terminated. The limited license in this Agreement will automatically 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 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. 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.
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