USE OF YOUR SKYDOG ROUTER IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. CAREFULLY READ THIS LICENSE AGREEMENT BEFORE INSTALLING AND USING YOUR ROUTER. USE OF YOUR SKYDOG ROUTER INDICATES COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
License. License Subject to the terms and conditions of this Agreement, PowerCloud grants to you a non-exclusive, nontransferable, right to use the Skydog Router, PowerCloud Firmware and Documentation, for your personal use.
Limitations. The Skydog Router, the PowerCloud Firmware and Documentation, and all other materials provided hereunder are the exclusive property of PowerCloud and its suppliers. You agree agrees that you will not, and will not permit any other party to: (a) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the design of the Skydog Router or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Firmware (b) modify, adapt, alter or translate the Firmware or Documentation; (c) sublicense, lease, rent, loan, distribute, or otherwise transfer the PowerCloud Firmware or Documentation to any third party; (d) use or copy the PowerCloud Firmware or Documentation except as expressly allowed under this agreement. No express or implied license or right of any kind is granted to you regarding the Skydog Router, PowerCloud Firmware, the Documentation, or any part thereof including any right to obtain possession of any source code, data or other technical material relating to the PowerCloud Firmware. All rights not expressly granted to you are reserved to PowerCloud.
Use of the webRover Common Sense Media list. Some or all of the material in this feature is the property of Common Sense Media and is not owned or operated by PowerCloud Systems. PowerCloud Systems does not indicate any approval or endorsement of the views or opinions expressed in the Common Sense Media rating system or material. PowerCloud Systems is not liable for any inaccuracies or disputes related to Common Sense Media ratings or method for rating websites. Information provided by individuals or partners, whether publicly posted or privately is the sole responsibility of the person providing such information.
Data Disclaimer. PowerCloud Systems uses sophisticated algorithms to power the usage and monitoring capabilities of the Skydog product such as Watch List, Sites Visited, Internet Usage, and Bandwidth Usage data. PowerCloud does not guarantee the accuracy, completeness, or reliability of this data and is not liable for errors. This data should not be used as evidence for any legal actions.
Updates. PowerCloud will provide Updates to the PowerCloud Firmware at the discretion of PowerCloud, at no charge to you.
PowerCloud Warranty. PowerCloud warrants for a period of twelve (12) months from the date of shipment (the "Warranty Period"), that the Skydog Router and PowerCloud Firmware will materially operate as described in the applicable Documentation. In the event either the router or the firmware fails to conform to such warranty during the Warranty Period, PowerCloud will, as its sole and exclusive remedy for breach of this warranty, at its option and without charge, repair or replace the Skydog Router. PowerCloud assumes no liability for aforementioned warranty claims if the claims result solely from your misuse, negligence, improper installation or unauthorized attempt to repair the parts. Any defective item can only be returned if it references a return material authorization ("RMA") number issued by authorized PowerCloud personnel. The RMA number must be included on the outside carton label of the returned item.
DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER POWERCLOUD NOR THEIR SUPPLIERS MAKE ANY OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THEIR RESPECTIVE PRODUCTS, SOFTWARE, WEBSITES, SERVICES OR OTHER MATERIALS, AND EACH PARTY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, NONINFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, AND SECURE, ERROR-FREE OR UNINTERRUPTED OPERATIONS.
NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR ANY LOSS OF REVENUE, DATA, OR PROFITS, AND INDEPENDENT OF ANY FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED WARRANTY AND REMEDIES PROVIDED HEREUNDER. THIS DISCLAIMER SHALL APPLY WHETHER OR NOT THE OTHER PARTY HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE HARDWARE, FIRMWARE AND DOCUMENTATION DISTRIBUTED HEREUNDER WILL EXCEED THE AGGREGATE AMOUNT OF FEES AND PAYMENTS PAID TO POWERCLOUD BY YOU.
Choice of Law, Jurisdiction. This Agreement shall be interpreted, construed, and enforced in all respects in accordance with the laws of the State of California without giving effect to the principles of conflict of laws thereof.