1. Registration and Passwords
a. Some Services may require you to register. We reserve the right to decline to provide access to any of the Services to any person for any or no reason. If you choose to register, you must submit a valid e-mail address, a postal address, select a username and password during the registration process, and be at least 18 years of age.
b. You may only register for a ANARPLUS membership (“Membership”) if you live within a market in which ANARPLUS is available (the “ANARPLUS Market”) and you must register for the Membership using your residential address. You may only use the Services to receive television signals that are available in your Designated Market. You may not use or attempt to use the Services to access signals that are not available in your Designated Market or register for a Membership if you reside outside of the ANARPLUS Market, including, without limitation, by providing a false home address, using a business address, by using another person’s login and password or by any other method that misrepresents or conceals your residential address. ANARPLUS reserves the right to verify your residential home address using your Internet Protocol address, your billing information, geo-location and any other information that you, your ISP, or computer system provide to ANARPLUS, as well as any publicly available information.
2. Use of the Services
a. You may utilize the ANARPLUS Products to access and manage over the air broadcast television signals remotely via the Internet utilizing supported personal devices including smart phones, tablets, personal computers, netbooks and certain other types of devices capable of Internet connection (collectively “Supported Devices”). A list of current Supported Devices is provided to you upon acquisition of the ANARPLUS Product. Such use require your registration in accordance with section 1 above.
b. You are only entitled to use the ANARPLUS Product as set forth in, and subject to, these Terms for a maximum period of three (3) years from the date of first usage of the ANARPLUS Product or until your membership is terminated by either you or ANARPLUS if this occurs earlier.
c. In connection with your registration, subject to these Terms, ANARPLUS hereby grants you a non-exclusive, non-transferable, limited right to use and control the ANARPLUS Product to access over-the-air broadcast television broadcast content within your Designated Market. “Designated Market,” as used herein, means and is limited to those broadcast channels that are made available to you by ANARPLUS based on your residential address. A list of the available channels in your Designated Market is provided to you upon registration. The right granted to you, as a registered member, in this paragraph does not include, and specifically excludes, any right to view over-the-air broadcast content from outside your Home Market. ANARPLUS does not guarantee reception of any particular channel. The address that you provided in connection with registering on the Site must be your residential address.
e. You agree not to circumvent, disable or otherwise interfere with security-related features of the ANARPLUS Product and website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services.
3. Acceptable Use Policy
You agree not to use the Services to take any action(s) that:
1. are contrary to ANARPLUS ‘s public image, goodwill, or reputation;
2. infringe on ANARPLUS or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
3. express or imply that any of your statements, activities or causes are endorsed by ANARPLUS, without our prior written consent in each instance;
4. violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
5. are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
6. transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
7. restrict or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
8. modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services;
9. remove any copyright, trademark, or other proprietary rights notices contained in or on the Services and/or any Content;
10. sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Services and/or Content, or any portion thereof, in any manner whatsoever;
11. distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
12. interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of ANARPLUS or its licensors or suppliers;
13. involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way applicable laws regarding the distribution of pornographic content or representation of violence;
14. forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
15. execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you; and/or
16. harvest or collect information about users or members of the Services without their express consent.
Improper use of the Services and/or Content may result in immediate termination of your access to and use of the Services, and/or civil or criminal liabilities.
4. Intellectual property
a. The Site and Services contain information about and related to ANARPLUS including advertising, logos, trademarks, pictures, videos, information, digital images, software, testimonials, blog posts, and other content, all of which is and/or may be protected under trademark and copyright law and other federal and state laws. Although ANARPLUS makes the Site accessible, ANARPLUS does not intend to give up its rights, or anyone else’s rights, to the materials appearing on the Site. Except for certain social network features enabled on the Platform as set forth in these Terms, you may not copy (except with respect to personal use of the DVR Equipment in accordance with these Terms), modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any of the material displayed on the Site and/or ANARPLUS App(s).
b. ANARPLUS and the ANARPLUS logo (“ANARPLUS Marks”) are trademarks of ANARPLUS or its affiliates. Other trademarks, service marks, graphics, logos and or domain names appearing on the Site may be the trademarks of third parties. This Agreement does not provide you with any right, title and/or interest to reproduce or use the Marks or any third party trademarks, service marks, graphics, logos and/or domain names. Our trademarks may not be used to identify products or services that are not ANARPLUS’s in any manner likely to cause confusion, in or as a part of your own trademarks, or in a manner that implies that ANARPLUS sponsors or endorses your products or services.
c. ANARPLUS does not own the copyrights or any other intellectual property rights in any broadcast television programming, including third party advertisements that you choose to view using the ANARPLUS Product. ANARPLUS provides only the equipment that allows you to choose to view such programming. You are responsible for ensuring that your use of the equipment to view, record and store television programming complies with the law. Specifically, and without limitation, nothing in these Terms permits you to modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any television programming that you receive using the Equipment. Without limitation on the foregoing, you are specifically prohibited from downloading, making copies of and/or disseminating any over-the air broadcast content that you chose to access using the ANARPLUS Equipment.
d. ANARPLUS has and retains exclusive ownership of all right, title, and interest in and to the ANARPLUS Product, Site and Services, together with any improvements, enhancements and/or modifications. Without limiting the foregoing, ANARPLUS retains and does not transfer any and all patents, copyrights, trade secrets and any other intellectual property rights or other legal rights associated with the Site and Services. You acknowledge that your use of the Services may require software that is licensed, sold and/or provided to you by third parties and is included on your supported devices (“Third Party Software”). Notwithstanding any other provision of the Agreement to the contrary, the Agreement shall not be deemed to apply to or govern your use of any Third Party Software and such Third Party Software is subject to the terms and conditions of the license agreement between you and the licensor of the Third Party Software.
e. You may not reverse engineer, disassemble, modify, decompile and/or create derivative works of the Services or ANARPLUS Product or in any way derive from the Services or ANARPLUS Product any source code. You agree not to remove, alter, or obscure any product identification, copyright, or other intellectual property notices contained or embedded in or on the ANARPLUS Product or any content that you access utilizing the Services.
f. The Services may include third party advertisements. All third party advertisements and references to third party products, services, companies, television stations, networks, programs, and Web sites on the Site, including screen shots, are for informational purposes only and are not an endorsement, nor a recommendation, nor a representation that ANARPLUS is in any way affiliated with any third party. All third party trademarks displayed on the Site are the property of their respective owners.
g. ANARPLUS makes no representation whatsoever regarding the content of any other Web sites accessible through or from the Site. ANARPLUS has no control over the contents of the Web sites of third parties. A link out to a non-ANARPLUS Web site does not mean that ANARPLUS endorses or accepts any responsibility for the content or use of such Web site or any product, service or other material offered on that site. By using the Services, you expressly relieve ANARPLUS of any and all liability arising from your use of any third party website.
h. ANARPLUS makes no warranties or representations regarding the over-the-air broadcast content or ANARPLUS Programing available through the Site, ANARPLUS App(s), ANARPLUS Equipment and/or ANARPLUS Platform. Without limitation on the foregoing, ANARPLUS does not represent or specify that any content available through your Membership is appropriate for all ages. ANARPLUS does not separately provide closed captioning, ratings, and/or emergency broadcast warnings.
5. Copyright complaints
a. ANARPLUS respects the intellectual property of others, and we ask our users to do the same. ANARPLUS will promptly process and investigate notices of alleged infringement on the Site and/or ANARPLUS App(s) and will take actions as appropriate under applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been “used” in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
• ANARPLUS’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
ANAR PLUS INC,
1111 Bay Area,
San Francisco, CA Floor 38
b. The maintenance of these notice procedures is not an indication that ANARPLUS will take any specific action in response to any specific notice provided by any specific third party. ANARPLUS hereby reserves its right to take or refrain from taking any action it deems appropriate in its sole discretion in response to any notice it receives hereunder.
c. Repeat Infringer Policy: ANARPLUS has adopted a policy of terminating, in appropriate circumstances and at ANARPLUS’s sole discretion, Members and/or users who are deemed to be repeat infringers. ANARPLUS may also at its sole discretion limit access to the Services and/or terminate the Memberships or use of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. No Warranty
THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ANARPLUS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ANARPLUS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ANARPLUS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
You agree to fully indemnify, defend, and hold ANARPLUS, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any Content you submit to us or transmit to the Services infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party and/or causes damage to any third party; (c) your activities in connection with the Services or other websites to which the Services are linked; and/or (d) your willful misconduct or gross negligence. This defense and indemnification obligation will survive this Agreement and your use of the Services.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ANARPLUS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ANARPLUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT ANARPLUS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, ANARPLUS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT DOWNLOADED OR OTHERWISE ACCESSIBLE FROM OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF ANARPLUS TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID TO ACCESS THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ANARPLUS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. Term, Termination and violation of the Terms
a. This Agreement is effective from the date that you first access the Services or submit any information to ANARPLUS, whichever is earlier, and shall remain effective until terminated in accordance with its terms.
b. ANARPLUS may immediately terminate this Agreement, and/or your access to and use of the Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Services shall immediately cease, and you shall destroy all copies of information that you have obtained from the Services, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all ANARPLUS rights of ownership shall survive any termination. All of your representations, warranties and indemnification obligations hereunder shall also survive any termination hereof.
c. We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate ANARPLUS to maintain and support the Services, or any part or portion thereof, during the term of this Agreement.
Controlling Law and Jurisdiction
TERMS OF PURCHASE AND LICENSE AGREEMENT FOR ANARPLUS PRODUCTS
PLEASE READ THIS TERMS OF PURCHASE AND LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING YOUR ANARPLUS PRODUCT. FOR THE PURPOSES OF THIS AGREEMENT, “ANARPLUS PRODUCT” IS THE ANARPLUS SET TOP BOXES AND THE “ACCESSORIES” ARE THE CABLES, POWER ADAPTOR, REMOTE CONTROL AND THE WIRELESS USB DEVICE THAT CAME WITH THE ANARPLUS PRODUCT. THIS AGREEMENT IS THE LEGAL AGREEMENT BETWEEN YOU AND ANARPLUS GOVERNING YOUR USE OF THE ANARPLUS PRODUCT, THE SOFTWARE (INCLUDING THE EMBEDDED ANARPLUS SOFTWARE AND THIRD PARTY SOFTWARE) THAT CAME INSTALLED ON THE ANARPLUS PRODUCT AND ANY UPDATES, UPGRADES, BUG FIXES OR MODIFIED VERSIONS THERETO (“SOFTWARE”) AND RELATED DOCUMENTATION. BY USING YOUR ANARPLUS 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 ANARPLUS PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU HAVE NOT USED THE ANARPLUS PRODUCT AND ARE THE ORIGINAL END USER PURCHASER OF THE ANARPLUS PRODUCT, YOU MAY RETURN THE UNUSED AND UNDAMAGED ANARPLUS PRODUCT IN ITS ORIGINAL PACKAGING WITH ALL ACCOMPANYING SOFTWARE AND DOCUMENTATION AND OTHER ITEMS TO THE PLACE WHERE YOU OBTAINED IT WITHIN 10 DAYS AFTER PURCHASE FROM ANARPLUS FOR A REFUND ACCORDING TO THE REFUND POLICY STATED BELOW.
(a) Subject to the terms of this Agreement, ANARPLUS grants you a nonexclusive, nontransferable right to use the Software solely on a single ANARPLUS Product on which it was originally installed.
(b) General Limitations. This is a license, not a transfer of title, to the Software, for use only under the terms of this Agreement. ANARPLUS retains ownership of all copies of the Software, and ANARPLUS reserves all rights not expressly granted to you. The rights granted herein are limited to ANARPLUS ‘s 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 ANARPLUS 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 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 ANARPLUS on its web site. ANARPLUS is not obligated to provide any warranty, maintenance, technical or other support for the resultant modified ANARPLUS Software or its use on ANARPLUS Products.
Consent to Use of Data
Product acquisition and Warranty Statement
ANARPLUS Products may be acquired online from the ANARPLUS.com website and from ANARPLUS authorized stores and distributors (a Distributor). A list of ANARPLUS Products Stores and Distributors can be found on the Website at the following address: http://www.ANARPLUS.com/Stores/. Limited Warranty. WITHIN THE LIMITS OF APPLICABLE LAW, ANARPLUS DOES NOT PROVIDE FOR ANY WARRANTY REGARDING THE ANARPLUS PRODUCTS AND ACCESSORIES, WHICH ARE PROVIDED AS IS BY ANAR PLUS TO STORES & DISTRIBUTORS. Upon acquisition of the ANARPLUS Products and the Accessories, the concerned Store or Distributor may however warrant to you that, for a period of 12-months from the date of the purchase by the original end-user purchaser or for the minimum applicable warranty duration in your Home Market if longer than 12 months (the “Warranty Period”), your ANARPLUS Product and the Accessories will be substantially free of hardware defects in materials and workmanship under normal use. Your exclusive remedy under this warranty will be for the Store & Distributor at its sole option to repair or replace the Product or Accessories or refund your purchase price. This limited warranty extends only to the original end-user purchaser. The warranty is an exclusive obligation to your Store & Distributor and you shall have no remedy enforceable against ANARPLUS and Company.
ANARPLUS Warranty Policy & Procedures
A Warranty may be purchased from ANARPLUS.com for a fee. Please go to www.ANARPLUS.com/buywarranty/ for details and pricing.
Limitation on Warranty. This warranty does not apply: (a) to damage caused by use with non- ANARPLUS products; (b) to damage caused by accident, misuse, being subjected to abnormal physical or electrical stress, or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by ANARPLUS; (d) if the product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by ANARPLUS; (e) to a product or part that has been modified, except by ANARPLUS; (f) to consumable parts, such as batteries; (g) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, that does not otherwise affect the product’s functionality or materially impair your use; (h) if any ANARPLUS serial number has been removed or defaced; or (i) if the warranty sticker has been removed or altered.
Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS. EXCEPT AS SPECIFIED ABOVE IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY ANARPLUS ITS SUPPLIERS AND LICENSORS. ANARPLUS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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 ANARPLUS 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 ANARPLUS 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 ANARPLUS, 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 paid for the acquisition of the ANARPLUS Product. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The Software and technology in the ANARPLUS Products (hereafter referred to as “Software and Technology”) are subject to export controls under the laws and regulations of Switzerland. 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 Swiss and local authorizations, permits, or licenses. ANARPLUS 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.
This Agreement shall be governed by and interpreted in accordance with the laws of Switzerland, notwithstanding 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 ANARPLUS. 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.
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