Terms Of Purchase
PLEASE READ THESE TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT (“AGREEMENT”) CAREFULLY BEFORE USING YOUR Xoomtvbox PRODUCT. FOR THE PURPOSES OF THIS AGREEMENT, “Xoomtvbox PRODUCT” IS THE XOOMTVBOX AND THE “ACCESSORIES” ARE THE CABLES, POWER ADAPTOR, REMOTE CONTROL THIS AGREEMENT IS THE LEGAL AGREEMENT BETWEEN YOU AND Xoomtvbox, INC. (“Xoomtvbox”) GOVERNING YOUR USE OF THE Xoomtvbox PRODUCT, THE SOFTWARE (INCLUDING THE EMBEDDED Kodi,Dreamiptv,Mickey Hop , AND ALL OTHER APPLICATIONS,AND THIRD PARTY SOFTWARE) THAT CAME INSTALLED ON THE BOX AND ANY UPDATES, UPGRADES, BUG FIXES OR MODIFIED VERSIONS THERETO (“SOFTWARE”) AND RELATED DOCUMENTATION. BY USING YOUR Xoomtvbox 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 OUR BOX. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU HAVE NOT USED THE Xoomtvbox, AND ARE THE ORIGINAL END USER PURCHASER OF ANY of OUR PRODUCT, YOU MAY RETURN THE UNUSED AND UNDAMAGED ITEM 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 Xoomtvbox FOR A REFUND ACCORDING TO THE REFUND POLICY STATED BELOW. Xoomtvbox ALSO WOULD LIKE TO INFORM CUSTOMERS REGARDING THE QUALITY OF THE STREAM DEPENDS UPON WHICH SOURCE IT IS COMING FROM. Xoomtvbox INFORMS ALL CUSTOMERS THAT OUT OF THOUSANDS OF CHANNELS IT OFFERS IN THEIR BOX, SOME MAY NOT WORK .
1- Subject to the terms of this Agreement, Xoomtvbox grants you a nonexclusive, nontransferable right to use the Software solely on a single Xoomtvbox 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. Xoomtvbox retains ownership of all copies of the Software, and we reserves all rights not expressly granted to you. The rights granted herein are limited to our 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 Xoomtvbox 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 as Kodi.and other Apps.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 Xoomtvbox on its web site. Xoomtvbox is not obligated to provide any warranty, maintenance, technical or other support for the resultant modified Xoomtvbox Software or its use on Xoomtvbox Products. Consent to Use of Data
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 Xoomtvbox, 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 Xoomtvbox 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 Xoomtvbox, 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 Xoomtvbox 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. Xoomtvbox 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.
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.COM.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, not withstanding 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 Xoomtvbox. 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