FCC Statement
This device complies with Part 5 of the FCC Rules. Operation is subject to the following two conditions: ( ) This device may
not cause harmful interference, and (2) this device must accept any interference received, including interference that may
cause undesired operation.
This product has been tested and complies with the specifications for a Class B digital device, pursuant to Part 5 of
the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential
installation. This equipment generates, uses, and can radiate radio frequency energy and, if not installed and used
according to the instructions, may cause harmful interference to radio communications. However, there is no guarantee
that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio
or television reception, which is found by turning the equipment off and on, the user is encouraged to try to correct the
interference by one or more of the following measures:
• Reorient or relocate the receiving antenna.
• Increase the separation between the equipment and devices.
• Connect the equipment to an outlet other than the receiver’s.
• Consult a dealer or an experienced radio/TV technician for assistance.
FCC Caution:
Any changes or modifications not expressly approved by the party responsible for compliance could void the
user’s authority to operate this equipment.
Mexico Regulatory Statement
La operación de este equipo está sujeta a las siguientes dos condiciones: ( ) es posible que este equipo o dispositivo no
cause interferencia perjudicial y (2) este equipo o dispositivo debe aceptar cualquier interferencia, incluyendo la que pueda
causar su operación no deseada.
FCC Radiation Exposure Statement
This equipment complies with FCC radiation exposure limits set forth for an uncontrolled environment. This equipment
should be installed and operated with minimum distance 32 cm between the radiator and your body.
This device and it’s antennas(s) must not be co-located or operating in conjunction with any other antenna or transmitter
except in accordance with FCC multi-transmitter product procedures.
Wireless Disclaimer
The maximum performance for wireless is derived from IEEE Standard 802. specifications. Actual performance can
vary, including lower wireless network capacity, data throughput rate, range and coverage. Performance depends on many
factors, conditions and variables, including distance from the access point, volume of network traffic, building materials and
construction, operating system used, mix of wireless products used, interference and other adverse conditions.
For product available in the USA/Canada market, only channel 1~11 can be operated. Selection of other channels is not
possible. This device is restricted for indoor use.
Restrictions in the 5 GHz Band
The device for the band 5150-5250 MHz is only for indoor usage to reduce potential for harmful interference to co-
channel mobile satellite systems.
UL statement
Cable distribution system should be grounded (earthed) in accordance with ANSI/NFPA 70,the National Electrical Code
(NEC), in particular Section 820.93, Grounding of Outer Conductive Shield of a Coaxial Cable.
Safety Notices
WARNING:
Do not use this product near water, for example, in a wet basement or near a swimming pool.
WARNING:
Avoid using this product during an electrical storm. There may be a remote risk of electric shock
from lightning.
WARNING:
The power adaptor is the equipment´s disconnection device. The power outlet must be located nearby
the equipment and its access must be easy.
WARRANTY AND SUPPORT INFORMATION
IMPORTANT!
PLEASE RETAIN PROOF OF PURCHASE AND PRODUCT WARRANTY INFORMATION
END USER LICENSE AGREEMENT
Belkin International, Inc., including all affiliates and subsidiaries (“Belkin”, “us” or “we”) thanks you for choosing one of our
Belkin, Linksys or WeMo products (the “Product”). This End-User License Agreement (this “Agreement”) is a legal document
that contains the terms and conditions under which limited use of certain Software (as defined below) that operates with
the Product is licensed to you.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS PRODUCT.
BY CHECKING THE BOX OR CLICKING THE BUTTON TO CONFIRM YOUR ACCEPTANCE WHEN YOU FIRST INSTALL
THE SOFTWARE, YOU ARE AGREEING TO ALL THE TERMS OF THIS AGREEMENT. ALSO, BY USING, COPYING OR
INSTALLING THE SOFTWARE, YOU ARE AGREEING TO ALL THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO ALL OF THESE TERMS, DO NOT CHECK THE BOX OR CLICK THE BUTTON AND/OR DO NOT USE, COPY
OR INSTALL THE SOFTWARE, AND UNINSTALL THE SOFTWARE FROM ALL DEVICES THAT YOU OWN OR CONTROL.
IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND YOU PURCHASED A PRODUCT CONTAINING
THE SOFTWARE FROM AN AUTHORIZED RETAILER, RESELLER OR APP STORE (AS DEFINED BELOW), YOU MAY
BE ELIGIBLE TO RETURN THE PRODUCT FOR A REFUND, SUBJECT TO THE TERMS AND CONDITIONS OF THE
APPLICABLE RETURN POLICY.
This product is Software licensed to you by Belkin and, where applicable, by Belkin’s suppliers. “Software” means any and all
firmware programs and associated files provided with respect to the Product; any and all software programs, applications
or “apps” and associated files provided with respect to the Product; all modified versions of and upgrades or improvements
to such programs (such as those provided via web-based updates), all subsequent versions of such programs, and all copies
of such programs and files. Software does not include any Open Source Software (as defined below).
By “you,” we mean the purchaser, recipient or other end user of the Product containing the Software or the purchaser,
recipient or other end user of the Software on a standalone basis. “You” may also mean a person who has downloaded the
Software from an authorized website, such as http://www.belkin.com or from an authorized application market or store,
such as Apple’s App Store or Google Play (each such application market or store is referred to in this Agreement as an “App
Store” and collectively as “App Stores”).
.
LICENSE GRANT
. Belkin hereby grants you the right to use: (i) where your Product is not a “Small-Medium Business
or SMB” branded Product, for your personal, non-commercial purposes; or (ii) where your Product is a “Small Medium
Business or SMB Product, for your personal or commercial use; copies of the Software in object code form on
devices that you own (or, in the case of firmware, one copy of the firmware in object code form solely on the Product
relating to the firmware). 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.
You can find the user documentation for the Software on the “Support” page of the applicable Belkin website.
2.
LICENSE RESTRICTIONS
. The Software is licensed, not sold, to you. You only have the non-exclusive right to use
the Software in accordance with this Agreement. You may not (i) modify, adapt or otherwise create derivative works
from the Software, the Product containing the Software or user documentation (except as may be permitted by an
applicable open source license) without receiving prior written consent from Belkin to make any such modifications: (ii)
lease, sublicense, resell, rent, loan, redistribute, or otherwise transfer (except as expressly permitted above), whether
for commercial purposes or otherwise, the Software or user documentation; (iii) reverse engineer, disassemble, decrypt
or decompile the Product or the Software or otherwise try to reduce the Software to a human-readable form, except
where and only to the extent that such activity is permitted by applicable law or where Belkin is required to permit
such activity under the terms of an applicable open source license; (iv) remove or alter any copyright, trademark or
other proprietary notices contained in the Software or user documentation; (v) use the Product, Software or user
documentation to develop a competing hardware and/or software product, or otherwise in any manner not set forth
in this Agreement or the user documentation; (vi) if the Software is firmware, copy the firmware (other than one
backup copy for archival purposes only), use it on a multi-user system or operate it separately from the Product onto
which it is embedded; (vii) use the Software to transmit software viruses or other harmful computer code, files or
programs, or to circumvent, disable or otherwise interfere with security-related features of the Software; (viii) use the
Software to collect or harvest any third party’s personally identifiable information, to send unauthorized commercial
communications or to invade the privacy rights of any third party; or (ix) use the Software for any unlawful purpose, and/
or in any manner that breaches 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.
3.
APP SOFTWARE RESTRICTIONS
. 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. In
addition, application of the App Store’s terms of use may result in other terms of this Agreement not being applicable to
the Software or applying in a different way than this Agreement states. If your use of the Software is subject to an App
Store’s terms of use, then in the event of any conflict or ambiguity between the terms of this Agreement and such App
Store’s terms of use, the App Store’s terms of use will govern, but only to the extent necessary to resolve such conflict
or ambiguity, and the terms of this Agreement will otherwise remain in full force and effect. 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
LIMITED WARRANTY
(UNITED STATES AND CANADA)
This warranty is provided to you by Belkin International, Inc, or one of its subsidiaries or affiliates (“Belkin”)
IMPORTANT NOTICE REGARDING YOUR CONSUMER RIGHTS
The benefits we give in this manufacturer's warranty are
additional to
any rights and remedies that you may have under
local consumer protection laws. Nothing in this warranty limits or affects your legal rights.
This manufacturer's warranty is governed by the laws of the country in which you purchased your Belkin, Linksys or WeMo
product. In many countries, consumers have rights under local consumer laws. Those consumer rights may differ between
countries, states and provinces, and often cannot be excluded. Your local consumer rights organization can advise you on
your legal rights.
This manufacturer's warranty is not intended to:
• change or exclude any rights under consumer law that cannot be lawfully changed or excluded; or
limit or exclude any right you have against the person who sold the Belkin, Linksys or WeMo product to you if that person
has breached their sales contract with you.
WHAT DOES THIS WARRANTY COVER?
Belkin warrants that the product hardware and any software media (i.e., media on which the product software is provided)
will be free from defects in materials and workmanship under normal use during the Warranty Period described below. This
means that the product won’t be defective, and that it will look and work as advertised during the relevant period.
This warranty does not apply to products purchased from a source other than Belkin or a Belkin Authorized Reseller.
How long is the product warranted?
Belkin warrants that the hardware in this Belkin, Linksys or WeMo product, and any associated software media, will be free
from defects in materials and workmanship under normal use during the Warranty Period. The Warranty Period begins on
the date the product was purchased by the original end-user purchaser and lasts for the period set out in the table below:
Product Type
Warranty Period
New products
2 months
Refurbished products
90 days
Repaired or replacement products
The longer of the original Warranty Period or 30 days
Software media (if provided with the product)
90 days
A claim under this warranty is only eligible if it is made within the Warranty Period.
What isn’t covered?
Belkin does not give any warranty:
• in relation to software or services, provided by Belkin or any third party, included in or with the product;
• that the product, software or services will always operate uninterrupted or error free;
• that the product, software or services, or any equipment, system or network on which the product, software or
services are used are 00% secure and cannot be hacked; or
• that a third party service the product needs will always be available.
Note:
Although Belkin does not make these promises in this warranty, you may have additional rights under consumer laws.
Will this warranty always apply?
This warranty does not apply if:
• the product has been tampered with or the assembly seal has been removed or damaged;
• the product has been altered or modified by someone other than Belkin;
• the warranty claim was made fraudulently or by misrepresentation;
• the product was not installed, operated, repaired, or maintained in accordance with Belkin’s instructions;
• the product has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident;
• damage to the product is cosmetic, including scratches and dents, or defects caused by normal wear and tear or
normal aging of the product;
Software or the Product.
4.
UPGRADES AND UPDATES
. While Belkin is not required to do so, Belkin may provide you with upgrades or updates
to this Software. This Agreement will govern any upgrades provided by Belkin that replace and/or supplement the
original firmware and/or Software, unless such upgrade is accompanied by a separate end user license agreement, in
which case the terms of that end user license agreement will govern. If you decide not to download and use an upgrade
or update provided by Belkin, you understand that you could put the Software at risk to serious security threats or
cause the Software to become unusable or unstable. 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.
5.
DATA AND PRIVACY
. We at Belkin are committed to protecting your privacy. Our goal is to provide you with a positive
experience when using our apps, products and services, while at the same time keeping your Personal Information,
as defined in the Belkin Privacy Policy (the “Privacy Policy”), secure. 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. By using
Belkin Products or providing us with your Personal Information, you are accepting and consenting to the practices,
terms and conditions described in the Privacy Policy. 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.
6.
OPEN SOURCE SOFTWARE
. You hereby acknowledge that the Software may contain Open Source Software (as
defined below). 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. License and
copyright information for the Open Source Software are disclosed in the Product documentation, within the “Support”
tab on Belkin websites and within the “Contact Us” section on Linksys websites. 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 Software” means any software or software component or technology that is subject to an open source
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. Examples of open source licenses
include: (a) GNU's General Public License (GPL) or Lesser/Library GPL (LGPL); (b) the OpenSSL License; (c) the Mozilla
Public License; (d) the Berkeley Software Distribution (BSD) License; and (e) the Apache License.
7.
INTELLECTUAL PROPERTY RIGHTS
. 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.
8.
THIRD PARTY PRODUCTS AND SERVICES
. The Software may contain links or other features that make it easier
for you to visit or log-in to independent third-party websites (“Linked Sites”). These features are provided solely as a
convenience to you. Linked Sites are not under Belkin’s control, and Belkin is not responsible or liable for and does
not endorse the content or practices of such Linked Sites, including any information or materials contained on such
Linked Sites. You will need to make your own independent judgment regarding your interaction with these 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.
9.
INDEMNITY
. 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.
0.
TERM
. This Agreement is effective when you click on the “I Accept” button, or when you in any other way use, copy or
install the Software, which will constitute your acceptance of, and agreement to, this Agreement. 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 and the limited
warranty in Section 2 (the first paragraph) will survive termination.
.
IMPORTANT NOTICE REGARDING YOUR CONSUMER RIGHTS
. SOME COUNTRIES, STATES AND/OR PROVINCES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CONDITIONS, WARRANTIES OR GUARANTEES,
AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES OR GUARANTEES.
• the serial number on the product has been altered, defaced, or removed; or
• the product was supplied or licensed for beta, evaluation, testing or demonstration purposes, and you didn’t buy or
license the product.
Note:
Although this warranty doesn’t apply in these situations, you may have additional rights under consumer laws.
How will Belkin make things right?
If you make an eligible claim under this warranty, Belkin will, at its election:
• repair the product with new or refurbished parts, or pay the reasonable costs of repairing the product;
• replace the product with a reasonably available equivalent new or refurbished Belkin, Linksys or WeMo product; or
• refund you the purchase price of the product, minus any rebates and discounts.
Any repaired or replacement products are warranted for the remainder of the original Warranty Period or 30 days,
whichever is longer. All products and parts that are replaced become the property of Belkin.
Note:
The rights and remedies outlined above are the only rights and remedies available under this warranty. However, you
may have additional rights under consumer laws.
GENERAL EXCLUSIONS AND LIMITATIONS OF LIABILITY
IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY DO SO, AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, BELKIN, ITS RESELLERS AND ITS SUPPLIERS HEREBY DISCLAIM AND EXCLUDE ALL OTHER
WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, ACCEPTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A
PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE
ATTACK, SECURITY, PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT
THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE
PRODUCT WILL BE CORRECTED, OR THAT YOUR USE OF THE PRODUCT WILL GENERATE ACCURATE, RELIABLE,
TIMELY RESULTS, INFORMATION, MATERIAL OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
BELKIN, A DEALER, AGENT OR AFFILIATE SHALL CREATE A WARRANTY. TO THE EXTENT WARRANTIES CANNOT
BE DISCLAIMED OR EXCLUDED, THEY ARE LIMITED TO THE DURATION OF THE RELEVANT EXPRESS WARRANTY
PERIOD.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL BELKIN, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT,
EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT
NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR BUSINESS INTERRUPTION, FOR PERSONAL
INJURY, FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD PARTY PRODUCTS OR SERVICES,
FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE,
AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), REGARDLESS OF THE THEORY OF LIABLITY
(CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE
THE PRODUCT, EVEN IF BELKIN OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF BELKIN, ITS AFFILIATES, ASSOCIATES,
DEALERS, AGENTS OR SUPPLIERS TO YOU FOR ALL DAMAGES EXCEED THE PRICE YOU PAID FOR THE PRODUCT.
THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE
INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED
FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS SECTION SHALL LIMIT THE LIABILITY OF BELKIN IN RELATION
TO DEATH OR BODILY INJURIES.
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. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected
or impaired.
BELKIN TECHNICAL AND WARRANTY SUPPORT INFORMATION
HOW DO I GET HELP?
If you have a question about your product or experience a problem with it, please go to http://www.belkin.com/support or
http://support.linksys.com. You will find lots of online support tools and information to help you with your product.
What should I do if my product is defective?
You always have the option to return the product to the original seller if you have a problem. You can make a claim based on
this warranty or any consumer laws that apply to you.
You can also make a claim under this warranty or local consumer laws by contacting Linksys or Belkin Technical Support. To
find out how to contact us, click the “Contact Us” link on the home page of http://Linksys.com or http://www.belkin.com. If
you are located outside the United States, you will need to choose your region/location first:
ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS BELOW ENTITLED “LIMITED
WARRANTY AND DISCLAIMER” AND “GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY” MAY NOT APPLY
TO YOU. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY
TO YOU AND, IN SUCH INSTANCES, BELKIN’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT
PERMITTED BY LAW. THE ENFORCEABILITY OF THESE LIMITED WARRANTIES MAY VARY BASED ON THE
LOCAL LAWS APPLICABLE TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS DEPENDING ON WHERE YOU
LIVE. FOR EXAMPLE, IN AUSTRALIA AND NEW ZEALAND, OUR SOFTWARE AND THE MEDIA ON WHICH IT IS
PROVIDED COME WITH STATUTORY GUARANTEES, INCLUDING AS TO QUALITY AND FITNESS FOR PURPOSE,
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE AUSTRALIAN CONSUMER LAW OR THE CONSUMER
GUARANTEES ACT 993 (NEW ZEALAND) (AS FURTHER EXPLAINED BELOW).
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.
CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN CONSUMER LAW AND THE CONSUMER GUARANTEES
ACT 993 (NEW ZEALAND) (“CGA”) MAY IMPLY WARRANTIES OR CONDITIONS, OR IMPOSE GUARANTEES OR
OBLIGATIONS ON BELKIN, WHICH OPERATE TO PROTECT CERTAIN AUSTRALIAN OR NEW ZEALAND PURCHASERS
OF GOODS AND SERVICES IN VARIOUS CIRCUMSTANCES ("AU/NZ APPLICABLE LAWS"). NOTHING IN THIS
AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY CONDITION, WARRANTY, GUARANTEE, RIGHT OR REMEDY
IMPLIED OR IMPOSED BY ANY AU/NZ APPLICABLE LAWS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED
OR MODIFIED. If any condition, warranty or guarantee is implied into this Agreement or imposed on Belkin under AU/
NZ Applicable Laws and cannot be excluded, but Belkin has a choice of a remedy, then Belkin’s liability for breach of the
condition, warranty or guarantee is limited to one or more of the following, at Belkin’s option: (a) in the case of goods, the
replacement of the goods or the supply of equivalent goods, the repair of the goods or refunding the payment for the goods
if it would be unreasonable to expect the products to be repaired; or (b) in the case of services, the supplying of the services
again, or the payment of the cost of having the services supplied again. 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.
2.
LIMITED WARRANTY AND DISCLAIMER
. Belkin warrants that any media (such as a CD or USB stick) on which the
Software is provided will be free from defects in materials and workmanship under normal use for 90 days from the
date of its original purchase (the “Warranty Period”). If you make an eligible software media claim under this warranty
during the Warranty Period (the “Limited Warranty”), Belkin will honor this warranty by replacing the Software media.
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., 2045 E. Waterfront Drive, Playa Vista, CA 90094. 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.
EXCEPT FOR THIS LIMITED WARRANTY ON MEDIA, SUBJECT TO SECTION AND TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY RELATED PROGRAMS AND DOCUMENTATION IS
PROVIDED TO YOU “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. IN THOSE JURISDICTIONS
WHERE IT CAN LAWFULLY DO SO, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BELKIN,
ITS RESELLERS AND ITS SUPPLIERS HEREBY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS,
STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
ACCEPTABLE OR SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE,
LOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY,
PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF OR THE PERFORMANCE
OF THE SOFTWARE AND RELATED INFORMATION, PROGRAMS AND DOCUMENTATION WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT YOUR USE OF THE
SOFTWARE AND RELATED INFORMATION, PROGRAMS AND DOCUMENTATION WILL GENERATE ACCURATE,
RELIABLE, TIMELY RESULTS, INFORMATION, MATERIAL OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY BELKIN, A DEALER, AGENT OR AFFILIATE SHALL CREATE A WARRANTY. To the extent warranties cannot be
disclaimed or excluded, they are limited to the duration of the relevant Warranty Period.
YOUR USE OF THE SOFTWARE, PRODUCT AND RELATED PROGRAMS AND DOCUMENTATION IS AT YOUR OWN RISK
AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR (AND BELKIN DISCLAIMS) ANY AND ALL LOSS, LIABILITY,
OR DAMAGES, INCLUDING TO YOUR HOME, HVAC SYSTEM, ELECTRICAL SYSTEM, PLUMBING, PRODUCT, OTHER
PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS
IN YOUR HOME, RESULTING FROM YOUR MISUSE OF THE SOFTWARE, PRODUCT AND RELATED PROGRAMS AND
DOCUMENTATION. YOU ARE RESPONSIBLE FOR COMPLYING WITH ANY SAFETY WARNINGS AND PRECAUTIONS
THAT ACCOMPANY THE PRODUCT. IF YOU ARE NOT COMFORTABLE WITH USING THE PRODUCT AFTER READING
THE SAFETY WARNINGS, YOU MUST RETURN THE PRODUCT TO YOUR PLACE OF PURCHASE AND STOP USING THE
For Linksys.com:
http://www.linksys.com/us/change-region/
For Belkin.com:
http://www.belkin.com/us/ - Click the “Change Region” link at the bottom of the website and select your location
If I believe my product is defective and covered by this warranty, what do I need to do?
You will need to contact Technical Support for your region at the links above. So that we can help you, you will need to give
us some information when you contact us:
• your product model, hardware revision and serial number;
• the name of your Internet Service Provider (ISP); and
• proof that you purchased the product, with the date of the purchase shown and place where it was purchased. WE
WILL ALWAYS NEED A DATED PROOF OF ORIGINAL PURCHASE TO PROCESS WARRANTY CLAIMS.
Sometimes we will need you to send the product back to us so that we can fix or replace it. If we ask you to return your
product to us by post, you will be given a Return Materials Authorization (RMA) number and we’ll tell you where to send the
product. You will need to make sure the product is properly packaged and shipped, and you will be responsible for the
costs of returning your product to us. We need to identify your product when it reaches us, so you’ll need to include the RMA
number AND a copy of your dated proof of original purchase (please keep the original) with the returned product. We also
recommend that you send the package by registered and insured mail or by overnight courier to protect the package while
it is in transit.
What happens when I return my product?
Defective products covered by this warranty will be replaced without charge with the same product or an equivalent product
of equal or greater value, or Belkin will provide you with a refund of the purchase price of the product, minus any rebates and
discounts. The remedy offered will be determined by Belkin in its sole discretion.
We can only ship replacement or repaired products to locations in the country where the original product was purchased.
Belkin may need to delete all or part of your data to repair or replace your product. Belkin may also install software
updates as part of warranty service. PLEASE MAKE SURE THAT YOU BACK UP ALL OF YOUR DATA ON THE PRODUCT
BEFORE SENDING IT IN FOR REPAIR OR REPLACEMENT. BELKIN IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR
SOFTWARE DURING WARRANTY SERVICE.
Replacements not covered under warranty or your rights under consumer law may be refused by place of purchase, or may
be subject to charge.
Technical support
This warranty is not a service or support contract. Details on our technical support offerings and policies (including any
applicable fees) can be found at http://www.belkin.com/support or http://support.linksys.com.
Belkin provides many different options to support you. Please click on or go to the appropriate website below for more
details. Please make sure to change to your local country if necessary.
• Belkin and WeMo Products: http://www.belkin.com/support
• Linksys Products: http://support.linksys.com
Along with the Limited Warranty, Belkin provides Complimentary Assisted Technical Support for the Warranty Period to get
your hardware up and running. Complimentary Assisted Technical Support includes technical support (by phone) and live
chat (through your computer). At this time, live chat is only available in certain countries. Please visit our websites (indicated
above) in your local area for details.
For additional support beyond the Complimentary Assisted Technical Support period or for assistance on advanced features
beyond basic support, please contact our Technical Support team to learn more about how we can help you get the most
out of your product. Please note that you may be assessed a fee to speak with our technician if you contact us outside the
Complimentary Assisted Technical Support period.
Additional information on some of our Premium Support Offerings can be found at:
Linksys Networking Products –Cable Modem RID.DOCX
http://www.linksys.com/us/premium-support/
Belkin and WeMo Networking Products – http://www.belkin.com/us/belkin-premium-support/
Please Note: Some of these offerings may not be offered in your country
Telephone support may not be available where you live and may be subject to charge.
GPL (General Public License)
Licenses and notices for third party software used in this product may be viewed on http://support.linksys.com/en-us/license.
Please contact http://support.linksys.com/en-us/gplcodecenter for questions or GPL source code requests
SOFTWARE. BELKIN IS NOT RESPONSIBLE FOR (I) YOUR FAILURE TO FOLLOW SAFETY WARNINGS, PRECAUTIONS
OR ANY OTHER INSTRUCTIONS PROVIDED WITH THE PRODUCT AND/OR SOFTWARE, (II) YOUR NEGLIGENCE IN USE
OF THE PRODUCT AND/OR SOFTWARE, OR (III) YOUR INTENTIONAL MISUSE OF THE PRODUCT OR SOFTWARE.
YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE AND ANY RELATED PROGRAMS AND DOCUMENTATION
ARE NOT CERTIFIED FOR EMERGENCY RESPONSE OR INTENDED OR SUITABLE FOR USE IN SITUATIONS OR
ENVIRONMENTS WHERE FAILURE, DELAY OR ERRORS OR INACCURACIES IN THE DATA OR INFORMATION
PROVIDED BY THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR
ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE
SUPPORT OR WEAPONS SYSTEMS. YOU UNDERSTAND THAT THE PRODUCTS AND SOFTWARE ARE NOT PART
OF AND DO NOT CONTAIN A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. BELKIN DOES
NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR
HOME IN THE EVENT OF AN EMERGENCY. BELKIN CUSTOMER SUPPORT CONTACTS CANNOT BE CONSIDERED A
LIFESAVING SOLUTION AND THEY ARE NOT A SUBSTITUTE FOR EMERGENCY SERVICES. ALL LIFE THREATENING
AND EMERGENCY SITUATIONS SHOULD BE DIRECTED TO THE APPROPRIATE EMERGENCY RESPONSE SERVICES
IN YOUR AREA.
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. Actual energy savings and any associated monetary benefits vary based on factors beyond Belkin’s control or
knowledge. 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. All information provided to you by Belkin is provided “as is”
and “as available”. 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.
3.
GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY
: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF IMPLIED WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU
SPECIFIC LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BELKIN, ITS AFFILIATES, ASSOCIATES, DEALERS,
AGENTS OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND
ASSIGNS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE,
FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO
USE ANY THIRD PARTY PRODUCTS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD
FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER), REGARDLESS OF THE THEORY OF LIABLITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT
OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF BELKIN OR SUCH
OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE
TOTAL AGGREGATE LIABILITY OF BELKIN, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS
TO YOU FOR ALL DAMAGES EXCEED THE LESSER OF FIFTY DOLLARS ($50.00) OR THE PRICE YOU PAID FOR
THE PRODUCT, THE SOFTWARE OR THE MEDIA CONTAINING THE SOFTWARE. THIS LIMITATION IS CUMULATIVE
AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING
LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
NOTHING IN THIS SECTION IS INTENDED TO LIMIT THE LIABILITY, UNDER APPLICABLE LAW, OF BELKIN IN
RELATION TO DEATH OR BODILY INJURIES.
IF YOU LIVE IN THE EUROPEAN UNION, REFERENCES TO "SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE
OR INCIDENTAL DAMAGES" SHALL MEAN ANY LOSSES WHICH (I) WERE NOT REASONABLY FORESEEABLE BY
BOTH PARTIES; (II) WERE KNOWN TO YOU BUT NOT TO US; AND/OR (III) WERE REASONABLY FORESEEABLE
BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR EXAMPLE (BUT WITHOUT
LIMITATION), LOSSES CAUSED BY VIRUSES, MALWARE OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR
DAMAGE TO YOUR DATA.
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.
4.
EXPORT CONTROL LAWS
: You agree that the use of the Software is subject to U.S. and local export control laws and
regulations. You represent and warrant that you are not a citizen of an embargoed or “terrorist supporting” country or
a prohibited or restricted end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists.
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.
5.
U.S. GOVERNMENT USERS
: The Software and user documentation qualify as “commercial items” as defined at 48
C.F.R. 2. 0 and 48 C.F.R. 2.2 2. All U.S. Government users acquire the Software and user documentation with only
Details and Disclosures
CG7500
AC1900, 24 x 8
CABLE MODEM ROUTER
those rights herein that apply to non-governmental customers. Use of either the Software or user documentation
or both constitutes agreement by the U.S. Government that the Software and user documentation are “commercial
computer software” and “commercial computer software documentation,” and constitutes acceptance of the rights and
restrictions herein.
6.
GENERAL TERMS
. 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. 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. In the event of any legal proceeding between the parties
arising out of or related to this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief
awarded or granted, its costs and expenses (including reasonable attorneys’ and expert witness’ fees) incurred in any
such proceeding.
If you are located in the United States, Section 7 applies to you:
7.
ARBITRATION, WAIVER OF CLASSWIDE ARBITRATION, GOVERNING LAW & VENUE
.
(A)
GENERALLY
. SUBJECT TO CLAUSE 7(D) BELOW, YOU AND BELKIN EACH ACKNOWLEDGE AND AGREE
THAT ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND BELKIN ARISING OUT OF OR RELATING
TO ( ) THIS AGREEMENT, INCLUDING THE VALIDITY OF THIS SECTION, AND (2) YOUR USE OF SOFTWARE
AND/OR PRODUCT(S) UNDER THIS AGREEMENT (COLLECTIVELY, THE “DISPUTE”) SHALL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS, A NATIONALLY
RECOGNIZED ARBITRATION AUTHORITY, PURSUANT TO ITS CODE OF PROCEDURES THEN IN EFFECT FOR
CONSUMER-RELATED DISPUTES. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE
HAD A RIGHT TO LITIGATE A DISPUTE THROUGH A COURT BEFORE A JURY OR JUDGE, AND THAT YOU HAVE
EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO RESOLVE ANY DISPUTES
THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
(B)
ARBITRATION PROCEDURES AND FEES
. PRIOR TO SUBMITTING A CLAIM FOR ARBITRATION, EITHER
PARTY SHALL FIRST NOTIFY THE OTHER PARTY TO TRY TO RESOLVE THE DISPUTE. IF THE DISPUTE IS
NOT RESOLVED WITHIN 60 DAYS OF SUCH NOTIFICATION, THEN THE CLAIM WILL BE SUBMITTED FOR
ARBITRATION. THE ARBITRATION OF ANY DISPUTE OR CLAIM SHALL BE CONDUCTED IN ACCORDANCE
WITH THE THEN CURRENT AND APPLICABLE RULES OF JAMS AS MODIFIED BY THIS AGREEMENT. THE
ARBITRATION SHALL OCCUR BEFORE A SINGLE ARBITRATOR, WHO MUST BE A RETIRED JUDGE OR
JUSTICE, IN ONE OF SIX REGIONAL VENUES CONSISTENT WITH THE VENUE PROVISION BELOW. WHETHER
OR NOT YOU PREVAIL IN THE DISPUTE, SO LONG AS YOUR CLAIM IS NOT FOUND TO BE FRIVOLOUS BY THE
ARBITRATOR AS MEASURED BY RULE (b) OF THE FEDERAL RULES OF CIVIL PROCEDURE, YOU SHALL BE
ENTITLED TO BE REIMBURSED FOR YOUR COSTS OF ARBITRATION, WITHIN THE SOLE DISCRETION OF THE
ARBITRATOR. IF THE ARBITRATION AWARD IS EQUAL TO OR GREATER THAN THE AMOUNT YOU DEMANDED
IN YOUR ARBITRATION CLAIM, BELKIN WILL PAY FOR YOUR REASONABLE AND ACTUAL ATTORNEYS’
FEES YOU HAVE INCURRED TO ARBITRATE THE DISPUTE, PLUS A MINIMUM RECOVERY OF $2,500. ANY
DECISION OR AWARD BY THE ARBITRATOR RENDERED IN AN ARBITRATION PROCEEDING SHALL BE FINAL
AND BINDING ON EACH PARTY, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT
JURISDICTION. IF EITHER PARTY BRINGS A DISPUTE IN A COURT OR OTHER NON-ARBITRATION FORUM,
THE ARBITRATOR OR JUDGE MAY AWARD THE OTHER PARTY ITS REASONABLE COSTS AND EXPENSES
(INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) INCURRED IN ENFORCING COMPLIANCE WITH THIS
BINDING ARBITRATION PROVISION, INCLUDING STAYING OR DISMISSING SUCH DISPUTE. ANY ARBITRATION
SHALL BE CONFIDENTIAL, AND NEITHER YOU, NOR BELKIN NOR THE ARBITRATOR MAY DISCLOSE THE
EXISTENCE, CONTENT OR RESULTS OF ANY ARBITRATION, EXCEPT AS MAY BE REQUIRED BY LAW OR
FOR PURPOSES OF ENFORCEMENT OR APPEAL OF THE ARBITRATION AWARD. JUDGMENT ON ANY
ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING PROPER JURISDICTION. IF ANY PORTION
OF THIS ARBITRATION CLAUSE IS DETERMINED BY A COURT TO BE INAPPLICABLE OR INVALID, THEN THE
REMAINDER SHALL STILL BE GIVEN FULL FORCE AND EFFECT.
(C)
WAIVER OF CLASSWIDE CLAIMS; SMALL CLAIMS COURT
.
NEITHER YOU NOR BELKIN SHALL BE ENTITLED
TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE
ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL
CAPACITY. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU MAY HAVE HAD A RIGHT TO
ARBITRATE
A DISPUTE ON A CLASSWIDE OR REPRESENTATIVE BASIS, AND THAT YOU HAVE EXPRESSLY AND
KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO ARBITRATE ONLY YOUR OWN DISPUTE(S) IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. NOTWITHSTANDING THE ABOVE AGREEMENT TO
ARBITRATE DISPUTES, YOU AND BELKIN EACH ACKNOWLEDGE AND AGREE THAT EITHER PARTY MAY, AS
AN ALTERNATIVE TO ARBITRATION, BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT TO RESOLVE A
DISPUTE, SO LONG AS SUCH SMALL CLAIMS COURT DOES NOT PROVIDE FOR OR ALLOW FOR JOINDER OR
CONSOLIDATION OF CLAIMS.
(D)
GOVERNING LAW; INJUNCTIVE RELIEF
. THIS AGREEMENT IS TO BE CONSTRUED IN ACCORDANCE WITH AND
GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CONFLICT OF
LAW RULE THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION TO THE RIGHTS AND
DUTIES OF THE PARTIES. HOWEVER, WITH RESPECT TO SOFTWARE PROVIDED, IF YOU ARE A CONSUMER
AND YOU LIVE IN A COUNTRY WHERE BELKIN MARKETS OR PROMOTES 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. EACH OF THE UNITED NATIONS
CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNITED NATIONS
CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS IS HEREBY EXPRESSLY
EXCLUDED AND WILL NOT APPLY TO THIS AGREEMENT.
(E)
VENUE
. EXCEPT FOR INDIVIDUAL SMALL CLAIMS ACTIONS WHICH CAN BE BROUGHT IN ANY SMALL
CLAIMS COURT WHERE JURISDICTION AND VENUE ARE PROPER, ANY ARBITRATION, LEGAL SUIT, ACTION
OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY DISPUTE SHALL BE
COMMENCED IN ( ) NEW YORK, NEW YORK, (2) ATLANTA, GEORGIA, (3) CHICAGO, ILLINOIS, (4) DALLAS,
TEXAS, (5) SEATTLE, WASHINGTON, OR (6) LOS ANGELES, CALIFORNIA, AND YOU AND BELKIN EACH
IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF ANY SUCH PROCEEDING.
HOWEVER, FOR A DISPUTE OF $ 0,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION IN ANY OF
THE SIX REGIONAL VENUES PROCEEDS IN PERSON, BY TELEPHONE, OR BASED ONLY ON SUBMISSIONS.
If you are located outside of the United States, or if Section 7 does not apply to you or is otherwise unenforceable as
adjudicated by a court of competent jurisdiction, then Section 8 applies to you:
8.
GOVERNING LAW
. This Agreement will be governed by California law, without reference to its or any other
jurisdiction’s conflict of laws principles. 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. Each of the United Nations Convention
on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the
International Sale of Goods is hereby expressly excluded and will not apply to this Agreement.
BELKIN, LINKSYS, WEMO and many product names and logos are trademarks of the Belkin group of companies. Third-
party trademarks mentioned are the property of their respective owners.
© 20 4 Belkin International, Inc. and/or its affiliates. All rights reserved.
8820-02559 Rev. C00
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