LINKSYS USA, INC.
End-User License Agreement
Linksys USA, Inc., including all affiliates and subsidiaries (“Linksys”, “us” or “we”) thanks you for choosing one of our Linksys 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.
IF YOU ARE LOCATED IN THE UNITED STATES, THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION IN SECTION 17, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO DISPUTES YOU MAY HAVE WITH LINKSYS. YOU MAY OPT OUT OF SUCH ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED IN SECTION 17.
This Software is licensed to you by Linksys and, where applicable, by Linksys’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 https://www.linksys.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”).
1. LICENSE GRANT. Linksys hereby grants you the non-transferable (except as provided below in this section and in Section 6 below), non-exclusive, revocable (in the event of your failure to comply with these terms, in the event of termination, or in the event Linksys is not properly paid for the applicable Product) license and right to use, (a) if you are an end user consumer, for personal, non-commercial purposes; and (b) if you are a business, for your internal business purposes; 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 a copy or copies of the Software as you reasonably need solely for your own use and for backup and archival purposes (this does not include firmware); and (C) for firmware that is part of a Product only and subject to restrictions provided in this Agreement, restrictions in other agreements with Linksys and applicable laws, permanently transfer all of your rights to use the Product (including but not limited to the Software) to another person or entity, provided that: (i) you ensure that your customer and the end user receives a copy of this Agreement, is bound by its terms and conditions, and, by selling the Product or Software, you hereby agree to enforce the terms in this Agreement against such end user, (ii) you at all times comply with all applicable United States export control laws and regulations, and (iii) you agree to refund any fees paid to you by an end user who purchased Product(s) from you but does not agree to the terms contained in this Agreement and therefore wishes to return the Product(s) as provided for in this Agreement. Following such transfer you must stop using the Product and the Software. Further, if you are a non-authorized reseller of Linksys Products, you are not authorized to sell Product(s), Software or Services, but, regardless, by selling Product(s), Software or Services, you hereby agree you are bound by the restrictions and obligations herein and are bound to: (A) ensure that your customer and the end user receive a copy of this Agreement and are bound in full by all restrictions and obligations herein (B) enforce the restrictions and obligations in this Agreement against such customer and/or end user, (C) comply with all applicable United States export control laws and regulations and all other applicable laws, and (D) refund any fees paid to you by a customer and/or end user who purchased Product(s) from you but does not agree to the restrictions and obligations contained in this Agreement and therefore wishes to return the Product(s) as provided for in this Agreement. Notwithstanding anything to the contrary, distributors, resellers and other Linksys partners (1) are not agents of Linksys and (2) are not authorized to bind Linksys in any way. Linksys’s license, warranty, and support is only available for Products that you purchased directly from an authorized Linksys reseller. Products not purchased from an authorized Linksys reseller are not eligible, will not be supported, and may be blocked from registration.
2. LICENSE RESTRICTIONS. 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. However, 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); (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 Linksys 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 multiuser 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 personal information, to send unauthorized commercial communications or to invade the privacy rights of any third party; (ix) violate Linksys’s Acceptable Use Policy; or (x) use the Software for any unlawful purpose, and/or in any manner that breaches this Agreement. All rights not expressly granted to you by Linksys under this Agreement are hereby reserved by Linksys. 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 and any applicable third-party terms of agreement when using the App, such as your wireless data service agreement. 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 Software or the Product. If this Agreement relates to an App downloaded from Apple’s App Store, you acknowledge and agree that Apple and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the End-User as a third party beneficiary thereof.
4. UPGRADES AND UPDATES. While Linksys is not required to do so, Linksys may provide you with upgrades or updates to this Software. This Agreement will govern any upgrades provided by Linksys 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/or to use an upgrade or update provided by Linksys, 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. In some cases, you can change auto-update options by changing your settings within the Product account information. In other 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. Linksys is committed to protecting your privacy and data security. 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 Linksys 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. At all times your information will be treated in accordance with the Linksys Privacy Policy, which is incorporated by reference into this Agreement and can be viewed here.
6. OPEN SOURCE SOFTWARE. You hereby acknowledge that the e 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. License and copyright information for Open Source Software are disclosed on Linksys websites here for Linksys consumer Products and here for Linksys business Products. Linksys 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 Linksys 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 Linksys’s control, and Linksys 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 any Linked Sites. You hereby waive and release any legal claim you might have against Linksys 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 Linksys 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 Linksys for the full amount of its loss, as well as any reasonable amounts Linksys incurs in lawyers' fees, expenses and court costs, except to the extent that Linksys contributed to the loss or damage.
10. 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 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.
11. IMPORTANT NOTICE REGARDING YOUR CONSUMER RIGHTS.
NON-EU RESIDENTS. 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. ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS BELOW ENTITLED “LIMITED WARRANTY AND WARRANTY DISCLAIMER” AND “DISCLAIMERS, 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, LINKSYS’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.
If you are located in Australia or New Zealand, the following five paragraphs apply to you:
The benefits we give in this Agreement are additional to any rights and remedies that you may have under the Australian Competition and Consumer Act 2010 or the New Zealand Consumer Guarantees Act 1993 (“CGA”) (as applicable) and other applicable Australia and New Zealand consumer protection laws.
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.
In New Zealand, our Software and the media on which it is provided come with guarantees that cannot be excluded under the Consumer Guarantees Act 1933 (NZ CGA).
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.
EU AND UK RESIDENTS. Nothing in this Agreement is intended to or will have the effect of limiting any of your rights under European Union law and/or the laws of your country of residence, including rights as to the quality and fitness for purpose of the Software and its compliance with the description of it which was made by us prior to you accepting this Agreement.
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.
12. LIMITED WARRANTY AND WARRANTY DISCLAIMER. Linksys warrants that any media (such as a CD or USB stick) on which the Software may be 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”), Linksys will honor this warranty by replacing the Software media. To make a claim under this Limited Warranty, contact the Linksys 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.
EXCEPT FOR THIS LIMITED WARRANTY ON MEDIA, SUBJECT TO SECTION 11 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, LINKSYS, 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 LINKSYS OR 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 Warranty Period indicated above.
13. DISCLAIMERS, GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY:
IN SOME JURISDICTIONS AND CIRCUMSTANCES, IT IS POSSIBLE FOR A MANUFACTURER TO CHANGE OR EXCLUDE WARRANTIES, CONDITIONS OR GUARANTEES IMPLIED OR IMPOSED BY LAW, AND TO OTHERWISE LIMIT ITS LIABILITY TO CONSUMERS. IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY BE DONE, AND TO THE FULL EXTENT THAT THE LAW ALLOWS, OTHER THAN THE LIMITED WARRANTY SPECIFICALLY SET OUT ABOVE AND ANY OTHER WARRANTIES YOU MAY HAVE RECEIVED FROM US WITH THE PRODUCT, WE:
THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. NOTHING IN THIS SECTION SHALL LIMIT LINKSYS’S LIABILITY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
REFERENCES IN THIS AGREEMENT TO “SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES” SHALL MEAN ANY LOSSES WHICH (I) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES; AND/OR (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, A TROJAN HORSE, DISABLING CODE, MALWARE OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA.
YOUR USE OF THE SOFTWARE, PRODUCT AND RELATED PROGRAMS AND DOCUMENTATION IS AT YOUR OWN RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR (AND LINKSYS 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 SOFTWARE. LINKSYS 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 PRODUCT AND SOFTWARE ARE NOT PART OF AND DO NOT CONTAIN A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. LINKSYS DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. LINKSYS 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 Linksys shall have no liability for your failure to back up your system or any material, information or 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.
14. COMPLIANCE WITH LAWS, INCLUDING IMPORT/EXPORT LAWS AND FCPA. You are advised that the Software may be subject to the United States Export Administration Regulations and other import and export laws; diversion contrary to United States law and regulation is prohibited; and you agree that you shall bind transferee (as set forth in Section 1) to the provisions of this Section 14. You agree to comply with all applicable international and national laws that apply to the Software as well as end user, end-use, and destination restrictions issued by U.S. and other governments. For additional information on U.S. export controls see https://www.bis.doc.gov. Linksys assumes no responsibility or liability for your failure to obtain any necessary import and export approvals and licenses, and Linksys reserves the right to terminate or suspend shipments, services and support in the event Linksys has a reasonable basis to suspect any import or export violation.
You represent that neither the United States Bureau of Industry and Security nor any other governmental agency has issued sanctions against you or otherwise suspended, revoked or denied your export privileges. You agree not to use or transfer the Software for any use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the United States Government by regulation or specific written license. Additionally, you agree not to directly or indirectly export, import or transmit the Software contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or use. Furthermore, you hereby agree that, for any orders that you place with Linksys or a Linksys authorized reseller whereby any legal or regulatory requirements may apply to Linksys, such as requirements related to the International Traffic in Arms Regulations, or Buy American Act, or the Trade Agreements Act: you are responsible to ensure your purchase order clearly states the specific requirement in writing, or otherwise Linksys is not bound by any such requirements. You represent that you understand, and you hereby agree to comply with, all applicable laws including but not limited to the U.S. Foreign Corrupt Practices Act. You represent that you hereby agree that you have not accepted, and will not accept, anything of value, including money, meals, entertainment, paid-for travel, beta, testing, evaluation, donation or free Products and/or related services, or anything else of value, in exchange for Linksys maintaining current business or for new business opportunities. You represent and warrant to Linksys that you and any employees, consultants, agents and representatives will not use Linksys’s products and services to engage in, or support in any way, violations or abuses of human rights, including those involving censorship, surveillance, detention, or excessive use of force. You agree you and any employees will be responsible to comply in full with all laws and policies applicable to any and all dealings with Linksys in general and its suppliers, distributors, resellers and partners.
You represent and warrant that you are not a resident of an embargoed country or that has been designated by the U.S. Government as a “terrorist supporting” country, or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, reexport, 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.
15. U.S. GOVERNMENT USERS. The Software and user documentation qualify as “commercial items” as defined at 48 C.F.R. 2.101 and 48 C.F.R. 12.212. All U.S. 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.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.
16. 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 Linksys 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 Linksys and you. However, the Linksys Privacy Policy referenced herein is subject to change in the manner described in that document. Linksys 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 Linksys 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 17 applies to you:
17. ARBITRATION, CLASS ACTION WAIVER, GOVERNING LAW & VENUE.
MANDATORY ARBITRATION. 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. To opt-out, you must follow the directions set forth below under the heading “How to Opt Out of Mandatory Arbitration”. If you do not opt-out, you will have agreed to the mandatory arbitration set forth below.
PLEASE READ CAREFULLY. THE FOLLOWING PROVISIONS AFFECT YOUR RIGHTS.
YOU AND LINKSYS EACH ACKNOWLEDGE AND AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND LINKSYS ARISING OUT OF OR RELATING TO (1) 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 A MUTUALLY AGREEABLE 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.
ARBITRATION PROCEDURES AND FEES. If you elect to seek arbitration or to file an action in a small claims court, you must first send to us by certified mail a written notice of your claim (“Notice”). The Notice to us must be addressed to: Legal Department, Linksys USA, Inc., 121 Theory, Irvine, CA 92617 (“Notice Address”). If we initiate arbitration, we will send a written Notice to the email address or any other address we have for you. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or a small claims action.
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, you shall be entitled to be reimbursed for your reasonable costs of arbitration, so long as your claim is not found to be frivolous by the arbitrator as measured by Rule 11(b) of the Federal Rules of Civil Procedure, 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, Linksys will pay for your reasonable and actual attorneys’ fees you 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.
The binding arbitration provided by this Agreement is more informal than a lawsuit in court. Arbitration uses an independent and neutral arbitrator (instead of a judge or jury) and allows for more limited discovery than in court. Decisions of the arbitrator are enforceable like orders of a court and are subject to very limited review by courts. The parties have the right to be represented by attorneys or other representatives at their own expense in connection with the arbitration. There is, however, no requirement that a party must use an attorney or other representative to participate in the arbitration.
BY ACCEPTING THIS AGREEMENT, YOU AGREE THAT THE FEDERAL ARBITRATION ACT (“FAA”), INCLUDING ITS PROCEDURAL PROVISIONS, GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS MEANS THAT THE FAA GOVERNS, AMONG OTHER THINGS, THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION REQUIRING MANDATORY ARBITRATION, INCLUDING THE CLASS ACTION WAIVER DISCUSSED BELOW. STATE ARBITRATION LAWS DO NOT GOVERN THIS PROVISION IN ANY RESPECT. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO THE EXTENT PERMITTED BY LAW TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE ARBITRATOR’S JURISDICTION AND ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT IS VOID OR VOIDABLE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT AND THE TERMINATION OF ANY ACCOUNT YOU MAY HAVE WITH US.
WAIVER OF CLASSWIDE CLAIMS; SMALL CLAIMS COURT. NEITHER YOU NOR LINKSYS 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 LINKSYS 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.
GOVERNING LAW. This Agreement is to be construed in accordance with and governed by the laws of the State of California without giving effect to any choice of law rule. 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.
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 (1) New York, New York, (2) Atlanta, Georgia, (3) Chicago, Illinois, (4) Dallas, Texas, (5) Seattle, Washington, or (6) Los Angeles, California, and you and Linksys each irrevocably submits to the exclusive jurisdiction and venue for any such proceeding. However, for a dispute of $2,500 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.
HOW TO OPT OUT OF MANDATORY ARBITRATION. Notwithstanding the foregoing, you or Linksys may file a lawsuit in court rather than resolving the dispute by arbitration if (a) the Dispute qualifies for small claims court (there are monetary limitations for small claims court), or (b) you opt out of these arbitration procedures within 30 days from the date that you accept this Agreement (the “Opt-Out Deadline”). In order to opt out of mandatory arbitration, you must (i) mail written notification to Linksys at 121 Theory, Irvine, California 92617, Attn: Legal Department, or (ii) email written notification to arbitrationoptout@linksys.com. In either case, such written notification must include your name, address, and a clear statement that you do not wish to resolve disputes with Linksys through arbitration. Any optout 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 the arbitration provision above is declared to be unenforceable, then Section 18 applies to you:
18. GOVERNING LAW AND VENUE. This Agreement will be governed by the substantive internal laws of the State of California, without reference to conflict of laws principles. Any action filed against us in the United States based on a claim arising under, relating to, or in connection with this Agreement must be filed in the state or federal courts located in Orange County, California and you hereby irrevocably consent to the jurisdiction of such courts and venue in Orange County, California. However, with respect to the Software provided, if you are a consumer, local law may require that certain consumer protection laws of your country of residence may apply to some sections of this Agreement. 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.
Linksys USA, Inc.
121 Theory
Irvine, California 92617
If you have a question about your Product or Software or experience a problem with it, please go to http://support.linksys.com for information on how to contact Linksys in your area.
Linksys and many product names and logos are trademarks of Linksys Holdings, Inc. and its affiliates. Third-party trademarks mentioned are the property of their respective owners.
© 2022 Linksys Holdings, Inc. and/or its affiliates. All rights reserved.
Dated January 12, 2022
End-User License Agreement
Linksys USA, Inc., including all affiliates and subsidiaries (“Linksys”, “us” or “we”) thanks you for choosing one of our Linksys 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.
IF YOU ARE LOCATED IN THE UNITED STATES, THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION IN SECTION 17, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO DISPUTES YOU MAY HAVE WITH LINKSYS. YOU MAY OPT OUT OF SUCH ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED IN SECTION 17.
This Software is licensed to you by Linksys and, where applicable, by Linksys’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 https://www.linksys.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”).
1. LICENSE GRANT. Linksys hereby grants you the non-transferable (except as provided below in this section and in Section 6 below), non-exclusive, revocable (in the event of your failure to comply with these terms, in the event of termination, or in the event Linksys is not properly paid for the applicable Product) license and right to use, (a) if you are an end user consumer, for personal, non-commercial purposes; and (b) if you are a business, for your internal business purposes; 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 a copy or copies of the Software as you reasonably need solely for your own use and for backup and archival purposes (this does not include firmware); and (C) for firmware that is part of a Product only and subject to restrictions provided in this Agreement, restrictions in other agreements with Linksys and applicable laws, permanently transfer all of your rights to use the Product (including but not limited to the Software) to another person or entity, provided that: (i) you ensure that your customer and the end user receives a copy of this Agreement, is bound by its terms and conditions, and, by selling the Product or Software, you hereby agree to enforce the terms in this Agreement against such end user, (ii) you at all times comply with all applicable United States export control laws and regulations, and (iii) you agree to refund any fees paid to you by an end user who purchased Product(s) from you but does not agree to the terms contained in this Agreement and therefore wishes to return the Product(s) as provided for in this Agreement. Following such transfer you must stop using the Product and the Software. Further, if you are a non-authorized reseller of Linksys Products, you are not authorized to sell Product(s), Software or Services, but, regardless, by selling Product(s), Software or Services, you hereby agree you are bound by the restrictions and obligations herein and are bound to: (A) ensure that your customer and the end user receive a copy of this Agreement and are bound in full by all restrictions and obligations herein (B) enforce the restrictions and obligations in this Agreement against such customer and/or end user, (C) comply with all applicable United States export control laws and regulations and all other applicable laws, and (D) refund any fees paid to you by a customer and/or end user who purchased Product(s) from you but does not agree to the restrictions and obligations contained in this Agreement and therefore wishes to return the Product(s) as provided for in this Agreement. Notwithstanding anything to the contrary, distributors, resellers and other Linksys partners (1) are not agents of Linksys and (2) are not authorized to bind Linksys in any way. Linksys’s license, warranty, and support is only available for Products that you purchased directly from an authorized Linksys reseller. Products not purchased from an authorized Linksys reseller are not eligible, will not be supported, and may be blocked from registration.
2. LICENSE RESTRICTIONS. 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. However, 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); (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 Linksys 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 multiuser 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 personal information, to send unauthorized commercial communications or to invade the privacy rights of any third party; (ix) violate Linksys’s Acceptable Use Policy; or (x) use the Software for any unlawful purpose, and/or in any manner that breaches this Agreement. All rights not expressly granted to you by Linksys under this Agreement are hereby reserved by Linksys. 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 and any applicable third-party terms of agreement when using the App, such as your wireless data service agreement. 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 Software or the Product. If this Agreement relates to an App downloaded from Apple’s App Store, you acknowledge and agree that Apple and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the End-User as a third party beneficiary thereof.
4. UPGRADES AND UPDATES. While Linksys is not required to do so, Linksys may provide you with upgrades or updates to this Software. This Agreement will govern any upgrades provided by Linksys 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/or to use an upgrade or update provided by Linksys, 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. In some cases, you can change auto-update options by changing your settings within the Product account information. In other 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. Linksys is committed to protecting your privacy and data security. 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 Linksys 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. At all times your information will be treated in accordance with the Linksys Privacy Policy, which is incorporated by reference into this Agreement and can be viewed here.
6. OPEN SOURCE SOFTWARE. You hereby acknowledge that the e 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. License and copyright information for Open Source Software are disclosed on Linksys websites here for Linksys consumer Products and here for Linksys business Products. Linksys 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 Linksys 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 Linksys’s control, and Linksys 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 any Linked Sites. You hereby waive and release any legal claim you might have against Linksys 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 Linksys 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 Linksys for the full amount of its loss, as well as any reasonable amounts Linksys incurs in lawyers' fees, expenses and court costs, except to the extent that Linksys contributed to the loss or damage.
10. 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 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.
11. IMPORTANT NOTICE REGARDING YOUR CONSUMER RIGHTS.
NON-EU RESIDENTS. 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. ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS BELOW ENTITLED “LIMITED WARRANTY AND WARRANTY DISCLAIMER” AND “DISCLAIMERS, 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, LINKSYS’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.
If you are located in Australia or New Zealand, the following five paragraphs apply to you:
The benefits we give in this Agreement are additional to any rights and remedies that you may have under the Australian Competition and Consumer Act 2010 or the New Zealand Consumer Guarantees Act 1993 (“CGA”) (as applicable) and other applicable Australia and New Zealand consumer protection laws.
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:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
In New Zealand, our Software and the media on which it is provided come with guarantees that cannot be excluded under the Consumer Guarantees Act 1933 (NZ CGA).
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.
EU AND UK RESIDENTS. Nothing in this Agreement is intended to or will have the effect of limiting any of your rights under European Union law and/or the laws of your country of residence, including rights as to the quality and fitness for purpose of the Software and its compliance with the description of it which was made by us prior to you accepting this Agreement.
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.
12. LIMITED WARRANTY AND WARRANTY DISCLAIMER. Linksys warrants that any media (such as a CD or USB stick) on which the Software may be 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”), Linksys will honor this warranty by replacing the Software media. To make a claim under this Limited Warranty, contact the Linksys 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.
EXCEPT FOR THIS LIMITED WARRANTY ON MEDIA, SUBJECT TO SECTION 11 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, LINKSYS, 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 LINKSYS OR 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 Warranty Period indicated above.
13. DISCLAIMERS, GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY:
IN SOME JURISDICTIONS AND CIRCUMSTANCES, IT IS POSSIBLE FOR A MANUFACTURER TO CHANGE OR EXCLUDE WARRANTIES, CONDITIONS OR GUARANTEES IMPLIED OR IMPOSED BY LAW, AND TO OTHERWISE LIMIT ITS LIABILITY TO CONSUMERS. IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY BE DONE, AND TO THE FULL EXTENT THAT THE LAW ALLOWS, OTHER THAN THE LIMITED WARRANTY SPECIFICALLY SET OUT ABOVE AND ANY OTHER WARRANTIES YOU MAY HAVE RECEIVED FROM US WITH THE PRODUCT, WE:
- EXCLUDE ALL LIABILITY FOR THE LOSS OF, OR DAMAGE TO, DATA CAUSED BY USE OF THE SOFTWARE, OR ITS REPAIR;
- EXCLUDE ANY LIABILITY WE MIGHT OTHERWISE HAVE TO YOU FOR:
A) LOSS OF REVENUE OR PROFIT,
B) LOSS OF THE ABILITY TO USE ANY THIRD PARTY PRODUCTS, SOFTWARE OR SERVICES, AND
C) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE LOSS OR DAMAGES, WHICH ARISES UNDER ANY LAW AND RELATES TO YOUR USE, OR INABILITY TO USE THE SOFTWARE OR ANY RELATED SERVICES; THIS EXCLUSION APPLIES EVEN IF LINKSYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY WARRANTY OR REMEDY PROVIDED UNDER THE ABOVE LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE; AND
B) LOSS OF THE ABILITY TO USE ANY THIRD PARTY PRODUCTS, SOFTWARE OR SERVICES, AND
C) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE LOSS OR DAMAGES, WHICH ARISES UNDER ANY LAW AND RELATES TO YOUR USE, OR INABILITY TO USE THE SOFTWARE OR ANY RELATED SERVICES; THIS EXCLUSION APPLIES EVEN IF LINKSYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY WARRANTY OR REMEDY PROVIDED UNDER THE ABOVE LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE; AND
- LIMIT OUR MONETARY LIABILITY TO YOU TO THE PRICE THAT YOU PAID FOR THE PRODUCT.
THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. NOTHING IN THIS SECTION SHALL LIMIT LINKSYS’S LIABILITY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
REFERENCES IN THIS AGREEMENT TO “SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES” SHALL MEAN ANY LOSSES WHICH (I) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES; AND/OR (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, A TROJAN HORSE, DISABLING CODE, MALWARE OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA.
YOUR USE OF THE SOFTWARE, PRODUCT AND RELATED PROGRAMS AND DOCUMENTATION IS AT YOUR OWN RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR (AND LINKSYS 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 SOFTWARE. LINKSYS 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 PRODUCT AND SOFTWARE ARE NOT PART OF AND DO NOT CONTAIN A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. LINKSYS DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. LINKSYS 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 Linksys shall have no liability for your failure to back up your system or any material, information or 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.
14. COMPLIANCE WITH LAWS, INCLUDING IMPORT/EXPORT LAWS AND FCPA. You are advised that the Software may be subject to the United States Export Administration Regulations and other import and export laws; diversion contrary to United States law and regulation is prohibited; and you agree that you shall bind transferee (as set forth in Section 1) to the provisions of this Section 14. You agree to comply with all applicable international and national laws that apply to the Software as well as end user, end-use, and destination restrictions issued by U.S. and other governments. For additional information on U.S. export controls see https://www.bis.doc.gov. Linksys assumes no responsibility or liability for your failure to obtain any necessary import and export approvals and licenses, and Linksys reserves the right to terminate or suspend shipments, services and support in the event Linksys has a reasonable basis to suspect any import or export violation.
You represent that neither the United States Bureau of Industry and Security nor any other governmental agency has issued sanctions against you or otherwise suspended, revoked or denied your export privileges. You agree not to use or transfer the Software for any use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the United States Government by regulation or specific written license. Additionally, you agree not to directly or indirectly export, import or transmit the Software contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or use. Furthermore, you hereby agree that, for any orders that you place with Linksys or a Linksys authorized reseller whereby any legal or regulatory requirements may apply to Linksys, such as requirements related to the International Traffic in Arms Regulations, or Buy American Act, or the Trade Agreements Act: you are responsible to ensure your purchase order clearly states the specific requirement in writing, or otherwise Linksys is not bound by any such requirements. You represent that you understand, and you hereby agree to comply with, all applicable laws including but not limited to the U.S. Foreign Corrupt Practices Act. You represent that you hereby agree that you have not accepted, and will not accept, anything of value, including money, meals, entertainment, paid-for travel, beta, testing, evaluation, donation or free Products and/or related services, or anything else of value, in exchange for Linksys maintaining current business or for new business opportunities. You represent and warrant to Linksys that you and any employees, consultants, agents and representatives will not use Linksys’s products and services to engage in, or support in any way, violations or abuses of human rights, including those involving censorship, surveillance, detention, or excessive use of force. You agree you and any employees will be responsible to comply in full with all laws and policies applicable to any and all dealings with Linksys in general and its suppliers, distributors, resellers and partners.
You represent and warrant that you are not a resident of an embargoed country or that has been designated by the U.S. Government as a “terrorist supporting” country, or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, reexport, 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.
15. U.S. GOVERNMENT USERS. The Software and user documentation qualify as “commercial items” as defined at 48 C.F.R. 2.101 and 48 C.F.R. 12.212. All U.S. 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.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.
16. 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 Linksys 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 Linksys and you. However, the Linksys Privacy Policy referenced herein is subject to change in the manner described in that document. Linksys 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 Linksys 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 17 applies to you:
17. ARBITRATION, CLASS ACTION WAIVER, GOVERNING LAW & VENUE.
MANDATORY ARBITRATION. 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. To opt-out, you must follow the directions set forth below under the heading “How to Opt Out of Mandatory Arbitration”. If you do not opt-out, you will have agreed to the mandatory arbitration set forth below.
PLEASE READ CAREFULLY. THE FOLLOWING PROVISIONS AFFECT YOUR RIGHTS.
YOU AND LINKSYS EACH ACKNOWLEDGE AND AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND LINKSYS ARISING OUT OF OR RELATING TO (1) 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 A MUTUALLY AGREEABLE 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.
ARBITRATION PROCEDURES AND FEES. If you elect to seek arbitration or to file an action in a small claims court, you must first send to us by certified mail a written notice of your claim (“Notice”). The Notice to us must be addressed to: Legal Department, Linksys USA, Inc., 121 Theory, Irvine, CA 92617 (“Notice Address”). If we initiate arbitration, we will send a written Notice to the email address or any other address we have for you. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or a small claims action.
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, you shall be entitled to be reimbursed for your reasonable costs of arbitration, so long as your claim is not found to be frivolous by the arbitrator as measured by Rule 11(b) of the Federal Rules of Civil Procedure, 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, Linksys will pay for your reasonable and actual attorneys’ fees you 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.
The binding arbitration provided by this Agreement is more informal than a lawsuit in court. Arbitration uses an independent and neutral arbitrator (instead of a judge or jury) and allows for more limited discovery than in court. Decisions of the arbitrator are enforceable like orders of a court and are subject to very limited review by courts. The parties have the right to be represented by attorneys or other representatives at their own expense in connection with the arbitration. There is, however, no requirement that a party must use an attorney or other representative to participate in the arbitration.
BY ACCEPTING THIS AGREEMENT, YOU AGREE THAT THE FEDERAL ARBITRATION ACT (“FAA”), INCLUDING ITS PROCEDURAL PROVISIONS, GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS MEANS THAT THE FAA GOVERNS, AMONG OTHER THINGS, THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION REQUIRING MANDATORY ARBITRATION, INCLUDING THE CLASS ACTION WAIVER DISCUSSED BELOW. STATE ARBITRATION LAWS DO NOT GOVERN THIS PROVISION IN ANY RESPECT. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO THE EXTENT PERMITTED BY LAW TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE ARBITRATOR’S JURISDICTION AND ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT IS VOID OR VOIDABLE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT AND THE TERMINATION OF ANY ACCOUNT YOU MAY HAVE WITH US.
WAIVER OF CLASSWIDE CLAIMS; SMALL CLAIMS COURT. NEITHER YOU NOR LINKSYS 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 LINKSYS 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.
GOVERNING LAW. This Agreement is to be construed in accordance with and governed by the laws of the State of California without giving effect to any choice of law rule. 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.
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 (1) New York, New York, (2) Atlanta, Georgia, (3) Chicago, Illinois, (4) Dallas, Texas, (5) Seattle, Washington, or (6) Los Angeles, California, and you and Linksys each irrevocably submits to the exclusive jurisdiction and venue for any such proceeding. However, for a dispute of $2,500 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.
HOW TO OPT OUT OF MANDATORY ARBITRATION. Notwithstanding the foregoing, you or Linksys may file a lawsuit in court rather than resolving the dispute by arbitration if (a) the Dispute qualifies for small claims court (there are monetary limitations for small claims court), or (b) you opt out of these arbitration procedures within 30 days from the date that you accept this Agreement (the “Opt-Out Deadline”). In order to opt out of mandatory arbitration, you must (i) mail written notification to Linksys at 121 Theory, Irvine, California 92617, Attn: Legal Department, or (ii) email written notification to arbitrationoptout@linksys.com. In either case, such written notification must include your name, address, and a clear statement that you do not wish to resolve disputes with Linksys through arbitration. Any optout 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 the arbitration provision above is declared to be unenforceable, then Section 18 applies to you:
18. GOVERNING LAW AND VENUE. This Agreement will be governed by the substantive internal laws of the State of California, without reference to conflict of laws principles. Any action filed against us in the United States based on a claim arising under, relating to, or in connection with this Agreement must be filed in the state or federal courts located in Orange County, California and you hereby irrevocably consent to the jurisdiction of such courts and venue in Orange County, California. However, with respect to the Software provided, if you are a consumer, local law may require that certain consumer protection laws of your country of residence may apply to some sections of this Agreement. 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.
Linksys USA, Inc.
121 Theory
Irvine, California 92617
If you have a question about your Product or Software or experience a problem with it, please go to http://support.linksys.com for information on how to contact Linksys in your area.
Linksys and many product names and logos are trademarks of Linksys Holdings, Inc. and its affiliates. Third-party trademarks mentioned are the property of their respective owners.
© 2022 Linksys Holdings, Inc. and/or its affiliates. All rights reserved.
Dated January 12, 2022