TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT
PLEASE READ THIS TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT (“AGREEMENT”) CAREFULLY BEFORE USING YOUR Jynxbox PRODUCT. FOR THE PURPOSES OF THIS AGREEMENT, “Jynxbox PRODUCT” IS THE Jynxbox BOX AND THE “ACCESSORIES” ARE THE CABLES, POWER ADAPTOR, REMOTE CONTROL AND THE WIRELESS USB DEVICE THAT CAME WITH THE Jynxbox PRODUCT. THIS AGREEMENT IS THE LEGAL AGREEMENT BETWEEN YOU AND Jynxbox, INC. (“Jynxbox”) GOVERNING YOUR USE OF THE Jynxbox PRODUCT, THE SOFTWARE (INCLUDING THE EMBEDDED Jynxbox SOFTWARE AND THIRD PARTY SOFTWARE) THAT CAME INSTALLED ON THE Jynxbox PRODUCT AND ANY UPDATES, UPGRADES, BUG FIXES OR MODIFIED VERSIONS THERETO (“SOFTWARE”) AND RELATED DOCUMENTATION. BY USING YOUR Jynxbox PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT GRANTED ANY RIGHTS IN THE SOFTWARE, AND YOU SHOULD NOT USE THE Jynxbox PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU HAVE NOT USED THE Jynxbox PRODUCT AND ARE THE ORIGINAL END USER PURCHASER OF THE Jynxbox PRODUCT, YOU MAY RETURN THE UNUSED AND UNDAMAGED Jynxbox PRODUCT IN ITS ORIGINAL PACKAGING WITH ALL ACCOMPANYING SOFTWARE AND DOCUMENTATION AND OTHER ITEMS TO THE PLACE WHERE YOU OBTAINED IT WITHIN 14 DAYS AFTER PURCHASE FROM Jynxbox FOR A REFUND ACCORDING TO THE
REFUND POLICY STATED BELOW.
1- Subject to the terms of this Agreement, Jynxbox grants you a nonexclusive, non-transferable right to use the Software solely on a single Jynxbox Product on which it was originally installed.
2- General Limitations. This is a license, not a transfer of title, to the Software, for use only under the terms of this Agreement. Jynxbox retains ownership of all copies of the Software, and Jynxbox reserves all rights not expressly granted to you. The rights granted herein are limited to Jynxbox‘s intellectual property rights in the Software and do not include any other patents or intellectual property rights. Except as and only to the extent expressly permitted in this Agreement or by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any part thereof. Any attempt to do so is a violation of the rights of Jynxbox and its licensors.
Open Source Software
Certain software libraries and other third party software included in the Software are “free” or “open source” software and are subject to separate license terms (“Open Source Software”). Such Open Source Software is distributed WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. Certain Open Source Software has been or may be made available by Jynxbox on its web site. Jynxbox is not obligated to provide any warranty, maintenance, technical or other support for the resultant modified Jynxbox Software or its use on Jynxbox Products. Consent to Use of Data
If you are the original purchaser of the Jynxbox Product and you are not satisfied with the Jynxbox Product, you may email us at [email protected] for a Return Material Authorization (RMA) request within fourteen (14) days of receiving the product. Please include your original Jynxbox order number and order date in the email. Jynxbox will then provide you with an RMA number and address where you may send the Jynxbox Product. Product should be undamaged and in the original packaging, including all accessories. If you are eligible for refund, you will receive the original product purchase price including any sales tax and excluding any costs of shipment and handling. If you return the product in bad condition or missing items we will charge you additional fees.
The separately purchased accessories (QWERTY Remote Control, Wireless N Key Adapter, remote, power supply, HDMI cable, RCA Cable) are not refundable.
Limited Warranty. Jynxbox warrants to you that, for a period of 12-months from the date of the purchase by the original end-user purchaser (the “Warranty Period”), your Jynxbox Product and the Accessories will be substantially free of hardware defects in materials and workmanship under normal use. Your exclusive remedy and Jynxbox‘s entire liability under this warranty will be for Jynxbox at its sole option to repair or replace the Product or Accessories or refund your purchase price less any rebates. This limited warranty extends only to the original end-user purchaser.
Jynxbox Warranty Policy & Procedures:
1- Get RMA Number from Jynxbox:
If a defect arises during the Warranty Period, contact Jynxbox Support as set forth on www.Jynxbox.me in order to obtain a Return Material Authorization (RMA) number, if applicable. BE SURE TO HAVE YOUR PROOF OF PURCHASE ON HAND WHEN CONTACTING. RETURN REQUESTS CANNOT BE PROCESSED WITHOUT PROOF OF PURCHASE.
2- Return the RMA Unit to Jynxbox:
If you are requested to return the Product, mark the RMA number clearly on the outside of the package and include a copy of your original proof of purchase. You are responsible for shipping defective product to Jynxbox.
3- Terms and conditions to avail the warranty:
If the new unit you purchased from our website has a hardware fault and does not work on arrival, Jynxbox will replace the box at no cost and will pay the shipping both ways.
If there is a hardware or software fault with in the warranty period, Jynxbox will fix or replace the unit with the refurbished at no cost. You are responsible for shipping defective product to Jynxbox. Jynxbox pays for shipping from Jynxbox back to you only.
If the hardware is damaged in any way (warranty void, tampered with or anything broken), no warranty will be honored. If you want the broken unit back, you will pay for shipping from Jynxbox to you and an inspection fees of $50.
In case You send us a working product without any issues during the warranty period, Jynxbox will charge you $50 as inspection fees. You are responsible for shipping defective product to Jynxbox. Jynxbox pays for shipping from Jynxbox back to you only.
In case of replacement,
a- If you are in the same country from where you purchased the box then you will be responsible for shipping the defective product to Jynxbox and Jynxbox will pay for shipping it back to you.
b- If after purchasing Jynxbox Box, you have moved to another country then you will have to pay for shipping on both sides.
After warranty period, or if you do not have proof of purchase, no matter when you purchased the product, the service of the JynxboxBox will not be free of cost. In that case, you are required to pay for shipping the defective product back to Jynxbox and also pay for shipping from Jynxbox back to you along with the service charges.OR
c- If the warranty sticker has been removed or altered.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS. EXCEPT AS SPECIFIED ABOVE IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY Jynxbox, ITS SUPPLIERS AND LICENSORS. Jynxbox DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(Only applies to customers who purchased from www.Jynxbox.me)
If you are the original purchaser of the Jynxbox Product and are not satisfied with the Jynxbox Product, you may email us at [email protected] for a Return Material Authorization (RMA) request within fourteen (14) days of receiving your Jynxbox product. In the email, please include your original Jynxbox order number and order date. Jynxbox will then provide you with a RMA number and an address where you may send the Jynxbox Product. You have another fourteen (14) days to return the product before the RMA number expires. The product and all its accessories should be returned undamaged and in the original packaging. If you are eligible for refund, you will receive the original product purchase price (including any sales tax and excluding any costs of shipment and handling). Jynxbox does not provide return labels and is not responsible for return cost. If you return the product in bad condition or with missing items, we will charge you additional fees. Jynxbox is not responsible for lost or damaged packages. Separately purchased accessories (QWERTY Remote Control, Wireless N Key Adapter, Power Adapter & Headphones ) are not refundable.
Limited Warranty. Jynxbox warrants to you that, for a period of 12-months from the date of the purchase by the original end-user purchaser (the “Warranty Period”), your Jynxbox Product and the Accessories will be substantially free of hardware defects in materials and workmanship under normal use. Your exclusive remedy and Jynxbox ‘s entire liability under this warranty will be for Jynxbox at its sole option to repair or replace the Product or Accessories or refund your purchase price less any rebates. This limited warranty extends only to the original end-user purchaser.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL Jynxbox, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFITS, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, PERSONAL INJURY OR FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Jynxbox HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall the total liability of Jynxbox, its suppliers and licensors to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The Software and technology in the Jynxbox Products (hereafter referred to as “Software and Technology”) are subject to export controls under the laws and regulations of the United States (U.S.). You shall comply with such laws and regulations governing export, re-export, transfer and use of the Software and Technology and will obtain all required U.S. and local authorizations, permits, or licenses. Jynxbox and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses.
Government End Users
The Software and related documentation qualify as “commercial items,” as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which the Agreement may be incorporated, you may provide to Government end user or, if the Agreement is direct, Government end user will acquire, the Software and documentation with only those rights set forth in the Agreement. Use of any of the Software or documentation or all constitutes agreement by the Government that the Software and documentation are “commercial computer software” and “commercial computer software documentation,” and constitutes acceptance of the rights and restrictions herein.
Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. The Jynxbox Product uses WMDRM software to access WMDRM protected content. If the WMDRM software fails to protect the content, content owners may ask Microsoft Corporation (“Microsoft”) to revoke the software’s ability to use WMDRM to play or copy protected content. Revocation does not affect unprotected content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.
This Software is protected by certain intellectual property rights of Microsoft. Use or distribution of such technology outside of this Jynxbox Product is prohibited without a license from Microsoft.
MPEG-1, MPEG-2, MPEG-4, H.264/AVC Notice
To the extent that the Software contains MPEG-1, MPEG-2, MPEG-4 AND/OR AVC decoding functionality, commercial use of such software requires additional licensing and the following provision applies: THE MPEG-1, MPEG-2, MPEG-4 AND AVC FUNCTIONALITY IN THE SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO DECODE VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR MPEG-1, MPEG-2, MPEG-4 AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE MPEG-1, MPEG-2, MPEG-4 AND/OR AVC VIDEO, AS APPLICABLE. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.me.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, notwithstanding any conflicts of law provisions. The parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Jynxbox. If any part of this Agreement is found to be unenforceable, the remainder shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein. Any translation of this Agreement 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 Agreement shall govern