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:
- Setup, installation or maintenance of product.
- Unauthorized installation or modification of hardware or software.
- Misuse, neglect or use in an improper environment.
- Incompatibilties with any other equipment including but limited to network devices,
control systems, displays, receivers or any other device connected wirelessly or
wired.
- 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.
- Excessive or inadequate electrical power, power surges, or other irregularities.
- 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