HIDEEZ One Year Limited Warranty
Version 002, dated July 18, 2016
IMPORTANT: BY USING YOUR HIDEEZ HARDWARE PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE HIDEEZ ONE (1) YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW. DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT TO THE AUTHORIZED DISTRIBUTOR OF HIDEEZ PRODUCTS FROM WHOM YOU PURCHASED IT FOR A REFUND.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. HIDEEZ DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, HIDEEZ LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT HIDEEZ'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED BY THIS WARRANTY?
Hideez Group Inc, 541 Jefferson Avenue, Suite 100, Redwood City, CA 94063 (“HIDEEZ”) warrants the HIDEEZ-branded hardware product and HIDEEZ-branded accessories contained in the original packaging (“HIDEEZ Product”) against defects in materials and workmanship when used normally in accordance with HIDEEZ's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"). HIDEEZ’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not apply to any non-HIDEEZ branded hardware products or any software, even if packaged or sold with HIDEEZ hardware. This does not affect your rights under applicable consumer law. Manufacturers, suppliers, or publishers, other than HIDEEZ, may provide their own warranties to you — please contact them for further information. Software distributed by HIDEEZ with or without the HIDEEZ brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. HIDEEZ does not warrant that the operation of the HIDEEZ Product will be uninterrupted or error-free. HIDEEZ is not responsible for damage arising from failure to follow instructions relating to the HIDEEZ Product’s use.
This Warranty does not apply:
(a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship;
(b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship;
(c) to damage caused by use with a third party component or product that does not meet the HIDEEZ Product’s specifications (HIDEEZ Product specifications are available at www.HIDEEZ.com under the technical specifications for each product and also available in stores);
(d) to damage caused by accident, abuse, misuse, fire, earthquake or other external cause;
(e) to damage caused by operating the HIDEEZ Product outside HIDEEZ’s published guidelines;
(f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of HIDEEZ or a HIDEEZ Authorized Service Provider (“HASP”);
to a HIDEEZ Product that has been modified to alter functionality or capability without the written permission of HIDEEZ;
(h) to defects caused by normal wear and tear or otherwise due to the normal aging of the HIDEEZ Product,
(i) if any serial number has been removed or defaced from the HIDEEZ Product, or
(j) if HIDEEZ receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the HIDEEZ Product, and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof of purchase).
HIDEEZ may restrict warranty service for hardware products to the country where HIDEEZ or its Authorized Distributors originally sold the device.
YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE HIDEEZ PRODUCT STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.
Before receiving warranty service, HIDEEZ or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow HIDEEZ's procedures for obtaining warranty service. Before submitting your HIDEEZ Product for warranty service you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords.
DURING WARRANTY SERVICE THE CONTENTS OF THE STORAGE MEDIA WILL BE DELETED AND REFORMATTED. HIDEEZ AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE HIDEEZ PRODUCT SERVICED.
Following warranty service your HIDEEZ Product or a replacement device will be returned to you as your HIDEEZ Product was configured when originally purchased, subject to applicable updates. HIDEEZ may install system software updates as part of warranty service that will prevent the HIDEEZ Product from reverting to an earlier version of the system software. Third party applications installed on the HIDEEZ Product may not be compatible or work with the HIDEEZ Product as a result of the system software update. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty.
WHAT WILL HIDEEZ DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to HIDEEZ or its authorized distributor in accordance with this warranty, HIDEEZ will, at its option:
(i) repair the HIDEEZ Product using new or previously used parts that are equivalent to new in performance and reliability,
(ii) replace the HIDEEZ Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or
(iii) exchange the HIDEEZ Product for a refund of your purchase price.
HIDEEZ may request that you replace certain user-installable parts or HIDEEZ Products. A replacement part or HIDEEZ Product, including a user-installable part that has been installed in accordance with instructions provided by HIDEEZ, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a HIDEEZ Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes HIDEEZ's property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the HIDEEZ Product is still not functioning properly after making use of these resources, please contact a HIDEEZ representative or, if applicable, a HIDEEZ owned retail store ("HIDEEZ Retail") or HASP, using the information provided below. a HIDEEZ representative or HASP will help determine whether your HIDEEZ Product requires service and, if it does, will inform you how HIDEEZ will provide it. When contacting HIDEEZ via telephone, other charges may apply depending on your location.Online information with details on obtaining warranty service is provided below.
WARRANTY SERVICE OPTIONS
HIDEEZ will provide warranty service through one or more of the following options:
(i) Carry-in service. You may return your HIDEEZ Product to a HIDEEZ Retail or HASP location offering carry-in service. Service will be performed at the location, or HIDEEZ Retail or an HASP may send your HIDEEZ Product to a HIDEEZ Repair Service (“HRS”) location to be serviced. Once you are notified that service is complete, you will retrieve the HIDEEZ Product from the HIDEEZ Retail or HASP location without delay unless HIDEEZ notifies you that the HIDEEZ Product will be sent directly to your location from the HRS location.
(ii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own HIDEEZ Product. If DIY parts service is available in the circumstances, the following process will apply.
(a) Service where HIDEEZ requires return of the replaced HIDEEZ Product or part. HIDEEZ may require a credit card authorization as security for the retail price of the replacement HIDEEZ Product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and HIDEEZ will offer alternative arrangements for service. HIDEEZ will ship a replacement HIDEEZ Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced HIDEEZ Product or part. If you follow the instructions, HIDEEZ will cancel the credit card authorization, so you will not be charged for the HIDEEZ Product or part and shipping to and from your location. If you fail to return the replaced HIDEEZ Product or part as instructed or return a replaced HIDEEZ Product or part that is ineligible for service, HIDEEZ will charge your credit card for the authorized amount.
(b) Service where HIDEEZ does not require return of the replaced HIDEEZ Product or part. HIDEEZ will ship you free of charge a replacement HIDEEZ Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced HIDEEZ Product or part.
(c) HIDEEZ is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact HIDEEZ at the telephone number listed below.
HIDEEZ reserves the right to change the method by which HIDEEZ may provide warranty service to you, and your HIDEEZ Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the HIDEEZ Product cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, HIDEEZ may repair or replace HIDEEZ Products and parts with comparable HIDEEZ Product and parts that comply with local standards.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIDEEZ IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE HIDEEZ PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE HIDEEZ PRODUCT.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. HIDEEZ DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY HIDEEZ DEVICE UNDER THIS WARRANTY OR REPLACE THE HIDEEZ PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE HIDEEZ PRODUCT.
SOME COUNTRIES (STATES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No HIDEEZ reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the HIDEEZ Product purchase took place. HIDEEZ or its successor in title is the warrantor under this Warranty.
Hideez Software License Agreement
Version 002, dated July 26, 2016
IMPORTANT: YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS BY USING YOUR HIDEEZ KEY
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING YOUR HIDEEZ KEY OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THIS LICENSE. BY USING YOUR HIDEEZ KEY OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE HIDEEZ KEY OR DOWNLOAD THE SOFTWARE UPDATE.
IF YOU HAVE RECENTLY PURCHASED AN HIDEEZ KEY AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN HIDEEZ KEY WITHIN THE RETURN PERIOD TO HIDEEZ OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND.
(a) The software (including boot firmware code, embedded software and third party software), documentation, interfaces, content and any data that came with your Hideez Key ("Original Hideez Software"), as may be updated or replaced by feature enhancements, software updates or system restore software provided by Hideez (“Hideez Software Updates”), whether in read only memory, on any other media or in any other form (the Original Hideez Software and Hideez Software Updates are collectively referred to as the “Hideez Software") are licensed, not sold, to you by Hideez Group Inc (“Hideez”) for use only under the terms of this License.
Hideez and its licensors retain ownership of the Hideez Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any Hideez-branded app that may be pre-installed on your Hideez Key, unless such app is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that app.
(b) Hideez, at its discretion, may make available future Hideez Software Updates for your Hideez Key. The Hideez Software Updates, if any, may not necessarily include all existing software features or new features that Hideez releases for newer or other models of Hideez Key. The terms of this License will govern any Hideez Software Updates provided by Hideez that replace and/or supplement the Original Hideez Software product, unless such Hideez Software Update is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions.
(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the Hideez Software on a single Hideez Key. Except as permitted in Section 2(b) below, and except as provided in a separate agreement between you and Hideez, this License does not allow the Hideez Software to exist on more than one Hideez Key at a time, and you may not distribute or make the Hideez Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use Hideez proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with Hideez Key.
(b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download Hideez Software Updates that may be made available by Hideez for your model of the Hideez Key to update or restore the software on any such Hideez Key that you own or control. This License does not allow you to update or restore any Hideez Key that you do not control or own.
(c) You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Hideez Software or any services provided by the Hideez Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the Hideez Software).
(d) The Hideez Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to any content displayed by, stored on or accessed through your Hideez Key belong to the respective content owner.
(e) You agree to use the Hideez Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Hideez Software and Services. Features of the Hideez Software and the Services may not be available in all languages or regions, some features may vary by region, and some may be restricted or unavailable from your service provider. A Bluetooth connection to a supported electronic device (“Paired Device”) with Wi-Fi or cellular data connection is required for some features of the Hideez Software and Services.
(f) Use of my.hideez requires a unique username and password combination, known as an Hideez ID. A Hideez ID is also required to access app updates and certain features of the Hideez Software and Services. In addition, you acknowledge that many features and Services of the Hideez Software transmit data through your Paired Device and could impact charges to your data plan, and that you are responsible for any such charges. You can control which applications are permitted to use cellular data and view an estimate of how much data such applications have consumed under Cellular Data Settings. For more information, please consult the User Guide for your Hideez Key.
(g) Using Hideez Key in some circumstances can distract you and may cause a dangerous situation (for example, avoid using Hideez Key while driving a car or riding a bicycle). By using Hideez Key you agree that you are responsible for observing rules that prohibit or restrict the use of mobile phones or other devices.
You may not rent, lease, lend, sell, redistribute, or sublicense the Hideez Software. You may, however, make a one-time permanent transfer of all of your license rights to the Hideez Software to another party in connection with the transfer of ownership of your Hideez Key, provided that:
(a) the transfer must include your Hideez Key and all of the Hideez Software, including all its component parts, original media, printed materials and this License;
(b) you do not retain any copies of the Hideez Software, full or partial, including copies stored on a computer or other storage device; and
(c) the party receiving the Hideez Software reads and agrees to accept the terms and conditions of this License.
4. Consent to Use of Data
5. Services and Third Party Materials
(a) The Hideez Software may enable access to Hideez and third party services and websites (collectively and individually, “Services”). Such Services may not be available in all languages or in all countries. Use of these Services requires Internet access and use of certain Services may require an Hideez ID, and may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an Hideez ID, or other Hideez Service, you agree to the applicable terms of service for that Service for the country in which you access such Service.
(b) Maps. The maps service and features of the Hideez Software (“Maps”), including map data coverage, may vary by region. When you use any location-based features within Maps, such as turnby-turn navigation, traffic and local search, various location-related and usage information may be sent to Hideez, including the real-time geographic location of your Hideez Key, in order to process your request and help improve Hideez Software. Such location and usage data is collected by Hideez in a form that does not personally identify you. By using Maps, you agree and consent to Hideez’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, to provide and improve the Maps features and service, and other Hideez products and services. You may disable the location-based functionality of Maps by going to the Location Services setting on your Paired Device and turning off the individual location setting for Maps.
(d) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Hideez, its affiliates, agents, principals, or licensors shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
(e) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Hideez is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Hideez, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
(f) Location data provided by any Services, including the Hideez Maps service, is provided for basic navigational and/or planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that, the results you receive from the Maps service may vary from actual road or terrain conditions due to factors that can affect the accuracy of the Maps data, such as, but not limited to, weather, road and traffic conditions, and geopolitical events. For your safety when using the navigation feature, always pay attention to posted road signs and current road conditions. Follow safe driving practices and traffic regulations, and note that walking directions may not include sidewalks or pedestrian paths.
(g) To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by Hideez, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Hideez. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Hideez is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
(h) In addition, Services and Third Party Materials that may be accessed, linked to or displayed on the Hideez Key are not available in all languages or in all countries or regions. Hideez makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Sharing or syncing photos through your Hideez Key may cause metadata, including photo location data, to be transmitted with the photos
Hideez and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Hideez be liable for the removal of or disabling of access to any such Services. Hideez may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Hideez if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Hideez Software. Sections 4, 5, 6, 7, 8, 11 and 12 of this License shall survive any such termination.
7. Disclaimer of Warranties
7.1 If you are a customer who is a consumer (someone who uses the Hideez Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE HIDEEZ SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE HIDEEZ SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HIDEEZ SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HIDEEZ AND HIDEEZ'S LICENSORS (COLLECTIVELY REFERRED TO AS “HIDEEZ” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE Hideez SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
7.4 HIDEEZ DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE HIDEEZ SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE HIDEEZ SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE HIDEEZ SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE HIDEEZ SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE HIDEEZ SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS HIDEEZ SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS HIDEEZ PRODUCTS AND SERVICES.
7.5 YOU FURTHER ACKNOWLEDGE THAT THE HIDEEZ SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE HIDEEZ SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIDEEZ OR AN HIDEEZ AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE Hideez SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL HIDEEZ, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE Hideez SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE Hideez SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF HIDEEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Hideez's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
10. Controlling Law and Severability.
This License will be governed by and construed in accordance with the laws of Ukraine, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
12. Complete Agreement; Governing Language.
This License constitutes the entire agreement between you and Hideez relating to the Hideez Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Hideez. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
13. Third Party Acknowledgements.
Portions of the Hideez Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Hideez Software, and your use of such material is governed by their respective terms.