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 be automatically terminated 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 on 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.
In addition to these remedies a "consumer" within the meaning of the CGA may claim for any reasonably foreseeable loss other than loss or damage through reduction of value of the goods that results from the initial problem. To make a claim under this Limited Warranty, return the defective media along with the sales receipt directly to Belkin at the following address: Belkin International, Inc. 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 relevant Warranty Period. 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 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.
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