15. APPLICABLE LAW.
This EULA is governed by the laws of California, without regard to its conflict of law
provisions. This EULA shall not be governed by the UN Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded.
16. DISPUTE RESOLUTION.
(a) Non-United States residents. If a dispute, controversy or difference arising in any way
from this EULA or your use of the Letv Software is not amicably settled, it shall be subject to
the non-exclusive jurisdiction of the courts of the jurisdiction where you are a resident.
Notwithstanding the foregoing, Letv may apply for injunctive remedies (or an equivalent
type of urgent legal relief) in any jurisdiction.
(b) United States residents.
ALL DISPUTES WITH LETV USA ARISING IN ANY WAY FROM THIS EULA OR
YOUR USE OF THE SOFTWARE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING
ARBITRATION, AND NOT BY A COURT OR JURY.
Any such dispute shall not be combined or
consolidated with any other person’s or entity’s claim or dispute, and specifically, without
limitation of the foregoing, shall not under any circumstances proceed as part of a class
action. The arbitration shall be conducted before a single arbitrator, whose award may not
exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be
conducted according to the American Arbitration Association (AAA) Commercial
Arbitration Rules applicable to consumer disputes. This arbitration provision is entered
pursuant to the Federal Arbitration Act. The laws of the State of California, without reference
to its choice of laws principles, shall govern the interpretation of the EULA and all disputes
that are subject to this arbitration provision. The arbitrator shall decide all issues of
interpretation and application of this arbitration provision and the EULA. Judgment may be
entered on the arbitrator's award in any court of competent jurisdiction. This arbitration
provision also applies to claims against Letv’s employees, representatives and affiliates if any
such claim arises from the licensing or use of the Software. You may opt out of this dispute
resolution provision by writing to Letv USA within 30 days of the initial purchase of the Letv
Device indicating you are opting out. This notice must be sent to [ADDRESS OR EMAIL
ADDRESS] and must include: (a) your name and address; (b) a dated bill of sale or dated
itemized receipt for the Letv Device; and (c) the Serial Number for the Letv Device. Opting
out of this dispute resolution provision will not affect your use of the Letv Device or the Letv
Software, or your license to the Letv Software.
17. ENTIRE AGREEMENT; SEVERABILITY.
This EULA is the entire agreement between you and Letv USA relating to the Letv Software
and supersedes all prior or contemporaneous oral or written communications, proposals and
representations with respect to the Letv Software or any other subject matter covered by
this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the
other provisions shall continue in full force and effect.
