Terms and Conditions of Sale

Mozaex’s Limited Warranty

1 YEAR PARTS AND LABOR WARRANTY

For a period of ONE (1) YEAR from the date of original purchase, parts and labor will be provided and performed free of charge at an authorized Mozaex repair facility. At its option, Mozaex will repair the product with new or remanufactured parts, or exchange the defective product with a new, refurbished, or remanufactured product. If a product is replaced, it will carry the remaining warranty of the original product. After the ONE (1) YEAR period, Mozaex will no longer be responsible for labor charges incurred. All defective products and parts covered by this warranty will be repaired or replaced on a mail-in basis to a Mozaex authorized repair facility. All products and parts replaced by Mozaex under warranty service become the property of Mozaex.

Warranties apply to the original purchaser only and only cover defects in workmanship experienced during operation of the product under normal service, maintenance, and usage conditions. Warranties apply to the purchase and use of products in residential settings. Mozaex is not obligated to repair or otherwise remedy any nonconformity or defect in its product if you have made any changes whatsoever to the product, if the product has been misused or damaged in any respect, or if you have not reported to Mozaex the existence and nature of the nonconformity or defect promptly upon discovery. Your sole and exclusive remedy in the event of a defect or nonconformity is to return the product to the place of purchase for repair or replacement, at Mozaex’s discretion.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, MOZAEX’S PRODUCTS, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED “AS IS,” AND MOZAEX DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO THE SUITABILITY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PRODUCTS OR PROGRAMS FURNISHED HEREUNDER. IN NO EVENT SHALL MOZAEX BE LIABLE FOR ANY LOSS OF ANTICIPATED PROFITS, BENEFITS, USE OR DATA, OR ANY INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER MOZAEX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

License and Warranty Provisions

This manual and the product described in it have been protected internationally by copyright and other applicable laws with all rights reserved. You may not remove or conceal any trademark, patent or copyright notice appearing on the product or this manual. Mozaex grants you a nonexclusive license to use these software programs. This license is for a single fileserver only. You may not make any copies of the software other than as a backup copy for your own use. You may not sell, rent, lease, lend, distribute or otherwise transfer copies of the software or this manual to others, except that you may permanently transfer all copies of the software in your possession (including any backups) and all related materials as a set to another person who accepts the terms of this license agreement. You may not modify, transcribe, translate, decompile, reverse engineer or reverse assemble the software, or create any derivative works from it. If any provision of this license is held to be unenforceable or contrary to any applicable law, the validity of the remaining provisions shall not be affected.

LIMITATION OF LIABILITY

Mozaex will not be responsible for consequential damage to its products caused by either internal or external equipment, shorted connections or components not installed by or obtained from Mozaex. Mozaex shall not be liable for damage to painted surfaces due to physical abuse, or excessive use, or liquids, or chemicals spilled upon or inside the products. Mozaex shall not be liable for any costs incurred due to a change in product specifications, installation or other product related documentation. Mozaex is not responsible for informing the customer either in writing or verbally these or any other Terms and Conditions. Additionally, the limited warranty does not cover loss, damage or costs incurred by or occurred as a result of:

  1. Setup, installation or maintenance of product.
  2. Unauthorized installation or modification of hardware or software.
  3. Misuse, neglect or use in an improper environment.
  4. Incompatibilties with any other equipment including but limited to network devices, control systems, displays, receivers or any other device connected wirelessly or wired.
  5. Incompatibilty or lack of support for any services including but not limited to any online service included with NetPlay (Boxee™), iPlay control of iTunes™ or any other service or software provided.
  6. Excessive or inadequate electrical power, power surges, or other irregularities.
  7. Opening a product enclosure without consulting the Mozaex Support Staff.

Media Copyright Notice and Disclaimer

Mozaex respects the copyrights of all media publishers. Mozaex does not condone violating these copyrights through illegal copying or other means. Mozaex does not ship its products with any Movie “decrypting” software that may be used to violate copyright laws including the Digital Millennium Copyright Act (DMCA).

Use of this product including any software that is loaded onto the product or hardware that is attached to the product for any illegal purpose is strictly prohibited. In particular but not limited to, it is agreed that you will not load any content onto the ShowStar that you do not rightfully own and possess whether that content be movies, music, photos or any other media. All other content license rules and regulations as defined by the copyright holder shall be adhered to including but not limited to the prohibition of any illegal distribution or copying of any content that has been loaded onto the ShowStar.

In no event shall Mozaex or its resellers be liable for any losses dues to illegal use of this product or any incidental, exemplary, special, or consequential damages regardless of whether Mozaex was advised of the possibility of such damages.

License Information

This End User License Agreement (“License”) is a legal agreement between you and Mozaex (“Mozaex”) regarding Mozaex’s software and the accompanying documentation (collectively, the “Software”). CAREFULLY READ THE FOLLOWING LICENSE. USING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS LICENSE. IF YOU DO NOT ACCEPT OR UNDERSTAND THE TERMS OF THIS LICENSE, YOU SHOULD NOT INSTALL THE SOFTWARE AND PROMPTLY RETURN THIS PRODUCT TO YOUR VALUE-ADDED RESELLER.

1. License Grant. Subject to the restrictions set forth below, this License grants you a non-exclusive, perpetual license to (a) install the Software on only one ShowStar; (b) use or authorize use of the Software on only one Server; (c) make one copy of the Software, in machine-readable form, solely for backup purposes; provided you include all copyright and other proprietary rights notices on the copy and (d) transfer the Software and this License to another party if the other party agrees to accept the terms and conditions of this License. If you transfer the Software, you must at the same time either transfer all copies to the same party or destroy any copies not transferred. If you transfer possession of any copy of the Software to another party, your License is automatically terminated.

2. License Restrictions. You may not, or allow any third party to, (a) rent, lease, sell, loan or otherwise transfer the Software or any of your rights and obligations under this License; (b) install the Software on a network for use by multiple users, unless each user has purchased a license; (c) reverse-engineer, decompile or disassemble the Software or hardware in whole or in part; (d) remove or destroy any copyright notices or other proprietary markings of the Software or any third-party software; (e) modify or adapt the Software, merge the Software into another program or create derivative works based on the Software; (f) make copies of or distribute, for profit or otherwise, the Software, except as expressly provided above; (g) make any alteration, modification, connection, disconnection, improvement or adjustment of any kind to or use the Software except as explicitly contemplated in the enclosed documentation and in this License and (h) sublicense, transfer or assign this License or any of the rights and obligations granted under this License, except as explicitly contemplated in this License. Any purported transfer or assignment will be void.

3. Export Restrictions. The export and re-export of Mozaex software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to any country to which the United States embargoes goods. In addition, Mozaex software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading or using a Mozaex software product you are certifying that you are not a national of any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

4. Ownership. The license granted hereunder does not constitute a transfer or sale of ownership rights in or to the Software. Except for the license rights granted above, Mozaex retains all right title and interest in and to the Software including all intellectual property rights therein. The Software is protected by applicable intellectual property laws, including United States copyright laws and international treaties.

5. Third Party Proprietary Property. This Software may contain the proprietary property of others, which has been licensed to Mozaex; your use of the Software is expressly conditioned on your agreement not to remove any copyright notices or other proprietary markings of the third party software.

6. Security. You acknowledge and agree that in order to protect the integrity of certain third party content, Mozaex and/or its licensors may provide for Software security related updates that will be automatically downloaded and installed on your Server. Such security related updates may impair the Software (and any other software on your Server which specifically depends on the Software) including disabling your ability to copy and/or play "secure" content, i.e. content protected by digital rights management. In such an event, Mozaex and/or its licensors shall use reasonable efforts to promptly post notices on Mozaex’s web site explaining the security update and providing instructions to end-users for obtaining new versions or further updates of the Software that restore access to secure content and related features.

7. Term and Termination. This License shall be effective upon installation of the Software and shall terminate upon the earlier of (a) your failure to comply with any term of this License; (b) return, destruction or deletion of all copies of the Software in your possession or (c) transfer of the Software and this License to another party in accordance with Section 1(d). Mozaex’s rights and your obligations shall survive termination of this License.

8. Limited Warranty. Mozaex warrants to the original licensee that the Software, as delivered, will perform in accordance with the accompanying documentation for a period of 30 days from the date of the original purchase (“Limited Warranty”). Mozaex’s entire liability and your exclusive remedy for breach of the preceding Limited Warranty shall be, at Mozaex’s sole option, repair or replacement of the Software that does not meet the warranty set forth herein and that is returned to Mozaex. This limited warranty shall be void if failure of the Software has resulted from any accident, abuse, misuse or misapplication by you. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

9. NO OTHER WARRANTIES. EXCEPT AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. YOU ASSUME ALL RESPONSIBILITIES FOR THE QUALITY AND PERFORMANCE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOZAEX DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR FREE.

10. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT WILL MOZAEX BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF MOZAEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MOZAEX’S LIABILITY EXCEED THE TOTAL AMOUNT OF THE FEES PAID FOR THE SOFTWARE. Some states/jurisdictions do not allow the limitation or exclusion of incidental or consequential damages in certain circumstances, so the above limitations may not apply in some circumstances.

All rights reserved. Copyright Mozaex 2012

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