chumby NeTV Quick Start Manual Download

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3. Limited Warranty; Disclaimer

3.1. chumby warrants that the Software will be capable of operating for a period of ninety (90) days from the date of purchase substan-
tially in accordance with the end-user documentation published by chumby and delivered with the chumby Product (“Documenta-
tion”), when used as speciﬁed by chumby in the Documentation. If Licensee’s state or jurisdiction mandates a longer warranty for this
Software, then Licensee has an implied warranty under the laws of that jurisdiction to that extent only. chumby will, at its sole option
and discretion, either make reasonable efforts to correct or provide you with a work-around for any substantial nonconformance
of the Software with the Documentation. The foregoing is Licensee’s sole and exclusive remedy for breach of any warranty on the
Software.

3.2 EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3.1, ALL SOFTWARE IS PROVIDED “AS IS” AND TO THE FULLEST EXTENT PERMITTED
BY LAW, CHUMBY AND ITS SUPPLIERS SPECIFICALLY AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDI-
TIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND ANY WARRANTY ARISING FROM A COURSE
OF DEALING, USAGE, OR TRADE PRACTICE WITH RESPECT TO ANY BREACH OF THE FOREGOING WARRANTY.

4. Limitation of Liability. NEITHER CHUMBY NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPE-
CIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO THIS AGREEMENT OR THE USE
OF THE SOFTWARE, OR FOR THE LOSS OF DATA, INFORMATION OF ANY KIND, BUSINESS, PROFITS, OR FOR OTHER COMMERCIAL
OR ECONOMIC LOSS, HOWEVER CAUSED, AND WHETHER OR NOT CHUMBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. CHUMBY’S SUPPLIERS WILL HAVE NO LIABILITY TO LICENSEE WHATSOEVER. IN NO EVENT WILL CHUMBY’S TOTAL
LIABILITY TO LICENSEE IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO THIS AGREEMENT OR THE SOFTWARE EXCEED
LICENSEE’S PURCHASE PRICE OF THE CHUMBY PRODUCT. THE FOREGOING IS LICENSEE’S SOLE AND EXCLUSIVE REMEDY AGAINST
CHUMBY AND ITS SUPPLIERS FOR BREACH OF THIS AGREEMENT OTHER THAN BREACH OF WARRANTY.

5. Termination and Expiration. Upon termination or expiration of this Agreement for any reason, all licensed rights granted in this Agree-
ment will immediately cease to exist. You must immediately cease all further use of the Software and certify to chumby in writing that
you have fully complied with this requirement.
Sections 1, 2.2, 2.3, 2.4, 2.5, 3, 4 and 6 will survive termination of this Agreement for any reason.

6. Miscellaneous. Licensee may not assign this Agreement or any interest or rights granted hereunder, or delegate any of its duties here-
under, to any third party. chumby may freely assign this Agreement. This Agreement will terminate immediately upon occurrence of any
prohibited assignment, and any attempted assignment or transfer in violation of the foregoing will be null and void. This Agreement is
the ﬁnal, complete and exclusive agreement between the parties relating to the Software and supersedes all prior or contemporaneous
proposals, representations, understandings, or agreements relating thereto, whether oral or written. No waiver or modiﬁcation of the
Agreement will be valid unless signed by each party. The waiver of a breach of any term hereof will in no way be construed as a waiver
of any other term or breach hereof. The headings in this Agreement do not affect its interpretation. If any provision of this Agreement
is held by a court of competent jurisdiction to be unenforceable, the remaining provisions of this Agreement will remain in full force
and effect. This Agreement shall be governed by the laws of the State of California without giving effect to any conﬂict of law prin-
ciples that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Agreement shall
be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an
established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and
the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on
written submissions, the speciﬁc manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award
rendered by the arbitrator may be entered in any court of competent jurisdiction. If the foregoing arbitration clause does not apply
for any reason, you agree to submit to the personal jurisdiction of the state courts located within San Diego County, California and
the federal courts in the Southern District of California for the purpose of litigating all such claims or disputes, which courts shall have
exclusive jurisdiction of such claims or disputes. Not-withstanding the foregoing, chumby may seek injunctive or other equitable relief
to protect its intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the
International Sale of Goods shall not apply to this Agreement. Should you have any question about this Agreement, or if you desire to
contact chumby, please contact us by mail at chumby industries, inc., 12264 El Camino Real, Suite 203, San Diego, CA 92130.