Belkin International, Inc., including all affiliates and subsidiaries (“Belkin”, “us” or “we”) thanks you for choosing one of our Belkin, Belkin or WeMo products (the “Product”). This End-User License Agreement (this “Agreement”) is a legal document that contains the terms and conditions under which limited use of certain Software (as defined below) that operates with the Product is licensed to you.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS PRODUCT.
BY CHECKING THE BOX OR CLICKING THE BUTTON TO CONFIRM YOUR ACCEPTANCE WHEN YOU FIRST INSTALL THE SOFTWARE, YOU ARE AGREEING TO ALL THE TERMS OF THIS AGREEMENT. ALSO, BY USING, COPYING OR INSTALLING THE SOFTWARE, YOU ARE AGREEING TO ALL THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CHECK THE BOX OR CLICK THE BUTTON AND/OR DO NOT USE, COPY OR INSTALL THE SOFTWARE, AND UNINSTALL THE SOFTWARE FROM ALL DEVICES THAT YOU OWN OR CONTROL. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND YOU PURCHASED A PRODUCT CONTAINING THE SOFTWARE FROM AN AUTHORIZED RETAILER, RESELLER OR APP STORE (AS DEFINED BELOW), YOU MAY BE ELIGIBLE TO RETURN THE PRODUCT FOR A REFUND, SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE RETURN POLICY.
This product is Software licensed to you by Belkin and, where applicable, by Belkin’s suppliers. “Software” means any and all firmware programs and associated files provided with respect to the Product; any and all software programs, applications or “apps” and associated files provided with respect to the Product; all modified versions of and upgrades or improvements to such programs (such as those provided via web-based updates), all subsequent versions of such programs, and all copies of such programs and files. Software does not include any Open Source Software (as defined below).
By “you,” we mean the purchaser, recipient or other end user of the Product containing the Software or the purchaser, recipient or other end user of the Software on a standalone basis. “You” may also mean a person who has downloaded the Software from an authorized website, such as cipsas.com or from an authorized application market or store, such as Apple’s App Store or Google Play (each such application market or store is referred to in this Agreement as an “App Store” and collectively as “App Stores”).
1. LICENSE GRANT. Belkin hereby grants you the right to use: (i) where your Product is not a “Small-Medium Business or SMB” branded Product, for your personal, non-commercial purposes; or (ii) where your Product is a “Small Medium Business or SMB Product, for your personal or commercial use; copies of the Software in object code form on devices that you own (or, in the case of firmware, one copy of the firmware in object code form solely on the Product relating to the firmware). As part of this license, you may (A) operate the Software in the manner described in the user documentation for the Software; (B) where the Software is provided for download onto a personal computer or mobile device, make as many copies of the Software as you reasonably need for your own use (this does not include firmware); and (C) permanently transfer all of your rights to use the Product (including but not limited to the Software) to another person, so long as that person also agrees to be bound by this Agreement, and following such transfer you stop using the Product and the Software.
You can find the user documentation for the Software on the “Support” page of the applicable Belkin website.
2. LICENSE RESTRICTIONS. The Software is licensed, not sold, to you. You only have the non-exclusive right to use the Software in accordance with this Agreement. All rights not expressly granted to you by Belkin under this Agreement are hereby reserved by Belkin. You will not acquire such rights, whether through estoppel, implication, or otherwise.
4. UPGRADES AND UPDATES. While Belkin is not required to do so, Belkin may provide you with upgrades or updates to this Software. This Agreement will govern any upgrades provided by Belkin that replace and/or supplement the original firmware and/or Software, unless such upgrade is accompanied by a separate end user license agreement, in which case the terms of that end user license agreement will govern. If you decide not to download and use an upgrade or update provided by Belkin, you understand that you could put the Software at risk to serious security threats or cause the Software to become unusable or unstable. Some Products include an auto-update feature, which gives us the ability to make updates automatically. You can change auto-update options by changing your settings within the Product account information. In very limited cases, updates may still be automatically applied, regardless of the auto-update setting. For example, we may provide an automatic update that fixes a security breach or vulnerability to your network. We may also provide you with updated Software data files automatically to benefit you, such as to provide you with updated device information to identify new devices in your network. These data files do not update your firmware, but consist of Software files that are cached on your Product and override older files. By agreeing to this Agreement, you agree to automatic updates.
6. OPEN SOURCE SOFTWARE. You hereby acknowledge that the Software may contain Open Source Software (as defined below). This license does not apply to Open Source Software contained in the Software. Rather, the terms and conditions in the applicable Open Source Software license shall apply to the Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, any Open Source Software license. You acknowledge that the Open Source Software license is solely between you and the applicable licensor of the Open Source Software. You shall comply with the terms of all applicable Open Source Software licenses, if any. License and copyright information for the Open Source Software are disclosed in the Product documentation, within the “Support” tab on Belkin websites and within the “Contact Us” section on Belkin websites. Belkin is not obligated to provide any maintenance or support for the Open Source Software or any Product Software that has been modified by you pursuant to an Open Source Software license.
“Open Source Software” means any software or software component or technology that is subject to an open source license. Open source licenses are generally licenses that make source code available for free modification and distribution, but can also apply to technology received and distributed solely in object code form. Examples of open source licenses include: (a) GNU's General Public License (GPL) or Lesser/Library GPL (LGPL); (b) the OpenSSL License; (c) the Mozilla Public License; (d) the Berkeley Software Distribution (BSD) License; and (e) the Apache License.
7. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights (including without limitation all copyrights, patents, trade secret rights and trademark rights) in and to the Software (including but not limited to any content incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by Belkin or its suppliers. Therefore, you must treat the Software like any other material protected by laws and treaties relating to international property rights and in accordance with this Agreement.