chumby NeTV, Quick Start Manual

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with this Limited Warranty shall be resolved in a cost effective manner through binding
non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider
mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules:
(a) the arbitration shall be conducted by telephone, online and/ or be solely based on written submissions, the specific manner shall be
chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses
unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction. If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal
jurisdiction of the state courts located within San Diego County, California and the federal courts in the Southern District of California
for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. Not-
withstanding the foregoing, chumby may seek injunctive or other equitable relief to protect its intellectual property rights in any court
of competent jurisdiction.
chumby® Software End User License Agreement
IMPORTANT: READ THIS SOFTWARE END USER LICENSE CAREFULLY BEFORE POWERING UP YOUR CHUMBY PRODUCT FOR THE
FIRST TIME.
This chumby Software License Agreement (this “Agreement”) is a legal agreement between you, either an individual or a single legal
entity (“you” or “Licensee”), and chumby industries, inc. (“chumby”, “we,” or “us”), governing your use of the chumby Software installed
on the chumby Product. You must accept the terms of this Agreement before using the chumby Product.
By powering up your chumby Product for the very first time or by otherwise using the Software, or by keeping (and not returning) the
chumby Product past the date thirty (30) days after the original purchase date, you are indicating that you have read and understood,
and agree to be bound by, the terms of this Agreement. If you are an individual working for a company, you represent and warrant that
you have all necessary authority to bind your company to the terms and conditions of this Agreement.
If you do not agree to the terms and conditions of the Agreement, you are not granted any rights whatsoever in the Software. If you
are not willing to be bound by these terms and conditions, you should not use the chumby Product and immediately return it to
chumby. In that case, chumby will refund the purchase price you have paid to chumby for the chumby Product; provided that you must
return the chumby Product in accordance with chumby’s return policy. See www.chumby.com/pages/returns for details.
The term of this Agreement will begin when you power up the chumby Product or use the Software, or any part of it in any other way,
and will continue thereafter unless (a) the parties mutually agree on the termination of the Agreement, or (b) you breach any provision
of this Agreement in which case the Agreement shall be terminated automatically and immediately without further notice.
THIS IS A LICENSE AND NOT A SALE
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Definitions. As used in this Agreement:
“chumby Product” or “Product” means the chumby hardware product distributed by chumby, including the housing, fabric, or other
material that encases the electronics.
“Intellectual Property Rights” means all present and future worldwide copyrights, trade secrets, patent rights, moral rights, and other
proprietary rights throughout the world, excluding trademark rights.
“chumby Software” or “Software” means any software, including but not limited to the Flash® Lite™ Software, in object code form that
is incorporated in and runs on the chumby Product as originally manufactured and delivered.
2. Licenses; Restrictions; Ownership
2.1 License Grant. Subject to the limitations in this Agreement, chumby grants a worldwide, nonexclusive, perpetual, royalty free right
and license, without right to sublicense, to run the Software only on and as incorporated in the Product.
2.2 Limitations and Licensee Obligations. You shall not (i) copy or distribute, sublicense, lease, rent or otherwise transfer the Software
to any third party except with and incorporated in the Product, and then not for value; (ii) modify, adapt, alter, translate, or create
derivative works of the Software; (iii) decompile, disassemble, reverse engineer or otherwise derive source code, or attempt to derive
source code, from the Software; or (iv) have any of the foregoing done for you by a third party.
2.3 Separately Licensed Code. Certain items of software included with the chumby Product are subject to separate license terms,
including “free software” or “open software” licenses (“Separately Licensed Code”). Some of the Separately Licensed Code is provided
by third parties, and some is provided by chumby under open source license terms. The Separately Licensed Code is not subject to
the terms and conditions of Section 2.1, 2.4, or 3.1. Instead, each item of Separately Licensed Code is licensed under the license that
accompanies such Separately Licensed Code. Nothing in this Agreement limits your rights under, or grants you rights that supersede,
the terms and conditions of any other applicable license accompanying the Separately Licensed Code. As required by the terms of the
relevant third-party licenses, chumby makes the free and open source code provided under such licenses, and chumby’s modifications
to that free and open source code, available by written request at the notice address below.
2.4 Ownership of chumby Product and Software. The Software and all Intellectual Property Rights therein, are the exclusive property
of chumby or its suppliers. All rights in and to the Software not expressly granted to you in this Agreement are reserved by chumby.
Nothing in this Agreement will be deemed to grant, by implication, estoppel, or otherwise, a license under any of chumby’s existing or
future Intellectual Property Rights in the chumby Product or chumby Software.
2.5 Third Party Licenses. You are solely responsible for complying with the terms and conditions of any and all components, software,
programs, applications, content or other information or materials that you load, run on or connect to the chumby Product.
2.6 Trademarks. chumby does not license to Licensee any rights to any chumby trademark, trade name, or logo. You may not use the
name “chumby” for commercial purposes without the prior written consent of chumby.