Terms of Purchase
PLEASE READ THESETERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT (“AGREEMENT”) CAREFULLYBEFORE USING YOUR Xoomtvbox PRODUCT. FOR THE PURPOSES OF THIS AGREEMENT, “XoomtvboxPRODUCT” 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,ANDTHIRD 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 OFTHIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOTGRANTED ANY RIGHTS IN THE SOFTWARE, AND YOU SHOULD NOT USE THE OUR BOX. IF YOUDO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU HAVE NOT USED THEXoomtvbox, AND ARE THE ORIGINAL END USER PURCHASER OF ANY of OUR PRODUCT, YOUMAY RETURN THE UNUSED AND UNDAMAGED ITEM IN ITS ORIGINAL PACKAGING WITH ALLACCOMPANYING SOFTWARE AND DOCUMENTATION AND OTHER ITEMS TO THE PLACE WHERE YOUOBTAINED IT WITHIN 14 DAYS AFTER PURCHASE FROM Xoomtvbox FOR A REFUND ACCORDINGTO THE REFUND POLICY STATED BELOW. Xoomtvbox ALSO WOULD LIKE TO INFORMCUSTOMERS REGARDING THE QUALITY OF THE STREAM DEPENDS UPON WHICH SOURCE IT ISCOMING FROM. Xoomtvbox INFORMS ALL CUSTOMERS THAT OUT OF THOUSANDS OF CHANNELSIT OFFERS IN THEIR BOX, SOME MAY NOT WORK .
1- Subject to the termsof this Agreement, Xoomtvbox grants you a nonexclusive, nontransferable rightto use the Software solely on a single Xoomtvbox Product on which it wasoriginally installed.
2- GeneralLimitations. This is a license, not a transfer of title, to the Software, foruse only under the terms of this Agreement. Xoomtvbox retains ownership of allcopies of the Software, and we reserves all rights not expressly granted toyou. The rights granted herein are limited to our intellectual property rightsin the Software and do not include any other patents or intellectual propertyrights. Except as and only to the extent expressly permitted in this Agreementor by applicable law, you may not copy, decompile, reverse engineer,disassemble, attempt to derive the source code of, modify, or create derivativeworks of the Software or any part thereof. Any attempt to do so is a violationof the rights of Xoomtvbox and its licensors.
Certain softwarelibraries and other third party software included in the Software are “free” or“open source” software and are subject to separate license terms (“Open SourceSoftware”). Such as Kodi.and other Apps.Open Source Software is distributedWITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY orFITNESS FOR A PARTICULAR PURPOSE. Certain Open Source Software has been or maybe made available by Xoomtvbox on its web site. Xoomtvbox is not obligated toprovide any warranty, maintenance, technical or other support for the resultantmodified Xoomtvbox Software or its use on Xoomtvbox Products. Consent to Use ofData
Any Application orSoftware may enable access to our Service. By using this Software in connectionwith the Xoomtvbox Service, you agree to and must comply with the latest termsof usefor the Xoomtvbox Service.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, REGARDLESS OF WHETHER ANYREMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NOEVENT WILL Xoomtvbox, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOSTREVENUE, PROFITS, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OFCAPITAL, PERSONAL INJURY OR FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL,OR PUNITIVE DAMAGES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OFOR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED,REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IFXoomtvbox HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOMEJURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OROF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TOYOU.
In no event shall the total liability of Xoomtvbox, itssuppliers and licensors to you for all damages (other than as may be requiredby applicable law in cases involving personal injury) exceed the amount offifty dollars ($50.00). The foregoing limitations will apply even if the abovestated remedy fails of its essential purpose.
The Software and technology in the Xoomtvbox Products (hereafterreferred to as “Software and Technology”) are subject to export controls underthe laws and regulations of the United States (U.S.). You shall comply withsuch laws and regulations governing export, re-export, transfer and use of theSoftware and Technology and will obtain all required U.S. and localauthorizations, permits, or licenses. Xoomtvbox and you each agree to providethe other information, support documents, and assistance as may reasonably berequired by the other in connection with securing authorizations or licenses.
Government End Users
The Software and related documentation qualify as “commercialitems,” as that term is defined at Federal Acquisition Regulation (“FAR”) (48C.F.R.) 2.101, consisting of “commercial computer software” and “commercialcomputer 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, andnotwithstanding any other FAR or other contractual clause to the contrary in anyagreement into which the Agreement may be incorporated, you may provide toGovernment end user or, if the Agreement is direct, Government end user willacquire, the Software and documentation with only those rights set forth in theAgreement. Use of any of the Software or documentation or all constitutesagreement by the Government that the Software and documentation are “commercialcomputer software” and “commercial computer software documentation,” andconstitutes 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-4AND/OR AVC decoding functionality, commercial use of such software requiresadditional licensing and the following provision applies: THE MPEG-1,MPEG-2, MPEG-4 AND AVC FUNCTIONALITY IN THE SOFTWARE IS LICENSED HEREIN ONLYFOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO DECODE VIDEO THAT WASENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/ORMPEG-1, MPEG-2, MPEG-4 AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDERLICENSED 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 LAL.L.C. SEE HTTP://WWW.MPEGLA.COM.
This Agreement shall be governed by and interpreted inaccordance with the laws of the State of California, not withstanding anyconflicts of law provisions. The parties specifically disclaim the applicationof the UN Convention on Contracts for the International Sale of Goods. ThisAgreement constitutes the entire agreement between the parties with respect tothe use of the Software licensed hereunder and supersedes all prior orcontemporaneous understandings regarding such subject matter. No amendment toor modification of this Agreement will be binding unless in writing and signedby Xoomtvbox. If any part of this Agreement is found to be unenforceable, theremainder shall continue in full force and effect and the unenforceableprovision shall be reformed so as to give maximum legal effect to theintentions of the parties as expressed herein. Any translation of thisAgreement is done for local requirements, and in the event of a dispute betweenthe English and any non-English versions, the English version of this Agreementshall govern