IMPORTANT: BY USING YOUR SmartPlug, AirPurifier, aPowerPlug, Smart Home Gateway, Smart Door Lock, Smart Light, and Smart Sensor (“AIONE/APOWER Smart Device”), YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS:
A. AIONE/APOWER SOFTWARE LICENSE AGREEMENT
B. AIONE/APOWER SUPPLEMENTAL TERMS
C. NOTICES FROM AIONE/APOWER
AIONE Lifestyle Studios
AIONE/APOWER SOFTWARE LICENSE AGREEMENT Single Use License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING YOUR AIONE/APOWER Smart Device OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THIS LICENSE. BY USING YOUR AIONE/APOWER Smart Device OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE AIONE/APOWER Smart Device OR DOWNLOAD THE SOFTWARE UPDATE.
IF YOU HAVE RECENTLY PURCHASED AN AIONE/APOWER Smart Device AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE AIONE/APOWER Smart Device WITHIN THE RETURN PERIOD TO THE AIONE/APOWER STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO AIONE/APOWER'S RETURN POLICY FOUND AT http://www.aione.life/
(a) The software (including Boot ROM code, embedded software and third party software), documentation, interfaces, content, fonts and any data that came with your AIONE/APOWER Smart Device ("Original AIONE/APOWER Software"), as may be updated or replaced by feature enhancements, software updates or system restore software provided by AIONE/APOWER ("AIONE/APOWER Software Updates"), whether in read only memory, on any other media or in any other form (the Original AIONE/APOWER Software and AIONE/APOWER Software Updates are collectively referred to as the “AIONE/APOWER Software") are licensed, not sold, to you by AIONE/APOWER Inc. ("AIONE/APOWER") for use only under the terms of this License. AIONE/APOWER and its licensors retain ownership of the AIONE/APOWER Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any AIONE/APOWER-branded app that may be pre-installed on your AIONE/APOWER Smart Device, unless such app is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that app.
(b) AIONE/APOWER, at its discretion, may make available future AIONE/APOWER Software Updates for your AIONE/APOWER Smart Device. The AIONE/APOWER Software Updates, if any, may not necessarily include all existing software features or new features that AIONE/APOWER releases for newer or other models of AIONE/APOWER Smart Devices. The terms of this License will govern any AIONE/APOWER Software Updates provided by AIONE/APOWER that replace and/or supplement the Original AIONE/APOWER Software product, unless such AIONE/APOWER Software Update is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions.
(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the AIONE/APOWER Software on a single AIONE/APOWER-branded AIONE/APOWER Smart Device. Except as permitted in Section 2(b) below, and unless as provided in a separate agreement between you and AIONE/APOWER, this License does not allow the AIONE/APOWER Software to exist on more than one AIONE/APOWER-branded AIONE/APOWER Smart Device at a time, and you may not distribute or make the AIONE/APOWER Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use AIONE/APOWER proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with AIONE/APOWER Smart Devices. Some of those rights are available under separate licenses from AIONE/APOWER. For more information on developing third party devices and accessories for AIONE/APOWER Smart Devices, please email firstname.lastname@example.org. For more information on developing software applications for AIONE/APOWER Smart Devices, please email email@example.com.
(b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download AIONE/APOWER Software Updates that may be made available by AIONE/APOWER for your model of the AIONE/APOWER Smart Device to update or restore the software on any such AIONE/APOWER Smart Device that you own or control. This License does not allow you to update or restore any AIONE/APOWER Smart Device that you do not control or own, and you may not distribute or make the AIONE/APOWER Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time. If you download an AIONE/APOWER Software Update to your computer, you may make one copy of the AIONE/APOWER Software Updates stored on your computer in machine- readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.
(c) To the extent that AIONE/APOWER has preinstalled AIONE/APOWER-branded apps from the App Store (Apple Store or Android Player) on your AIONE/APOWER Smart Device at the time of purchase (“Preinstalled Apps”), you will need to log into the App Store and associate these Preinstalled Apps with your App Store account in order to use them on your AIONE/APOWER Smart Device. When you associate a Preinstalled App with your App Store account, you will at the same time be automatically associating all other Preinstalled Apps on your AIONE/APOWER Smart Device. By choosing to associate the Preinstalled Apps with your App Store account, you agree that AIONE/APOWER may transmit, collect, maintain, process and use both the AIONE/APOWER ID used by your App Store account and a unique hardware identifier collected from your AIONE/APOWER Smart Device, as unique account identifiers for the purpose of verifying the eligibility of your request and providing you access to the Preinstalled Apps through the App Store. If you do not wish to use a Preinstalled App, you can delete it from your AIONE/APOWER Smart Device at any time.
(d) You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the AIONE/APOWER Software or any services provided by the AIONE/APOWER Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the AIONE/APOWER Software).
(f) You agree to use the AIONE/APOWER Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the AIONE/APOWER Software and Services. Features of the AIONE/APOWER Software and the Services may not be available in all languages or regions, some features may vary by region, and some may be restricted or unavailable from your service provider. A Wi-Fi or cellular data connection is required for some features of the AIONE/APOWER Software and Services such as “Switch on/off”, “Setting”, “Rules”, “Notifications”, “Schedule”, “Timer”, and “Internet Connection”.
(g) Use of the App Store requires a unique user name and password combination, known as an AIONE/APOWER ID. An AIONE/APOWER ID is also required to access app updates and certain features of the AIONE/APOWER Software and Services. In addition, you acknowledge that many features and Services of the AIONE/APOWER Software transmit data and could impact charges to your data plan, and that you are responsible for any such charges. You can control which applications are permitted to use cellular data and view an estimate of how much data such applications have consumed under Cellular Data Settings. For more information, please consult the User Guide for your AIONE/APOWER Smart Device.
(h) If you choose to allow automatic app updates, your AIONE/APOWER Smart Device will periodically check with AIONE/APOWER for updates to the apps on your device and, if one is available, the update will automatically download and install onto your device. You can turn oﬀ the automatic app updates altogether at any time by going to Settings, tap iTunes & App Store, and under Automatic Downloads, turn oﬀ Updates.
You may not rent, lease, lend, sell, redistribute, or sublicense the AIONE/APOWER Software. You may, however, make a one-time permanent transfer of all of your license rights to the AIONE/APOWER Software to another party in connection with the transfer of ownership of your AIONE/APOWER Smart Device, provided that: (a) the transfer must include your AIONE/APOWER Smart Device and all of the AIONE/APOWER Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the AIONE/APOWER Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the AIONE/APOWER Software reads and agrees to accept the terms and conditions of this License.
4. Consent to Use of Data.
(a) Diagnostic and Usage Data. If you opt in to diagnostic and usage collection, you agree that AIONE/APOWER and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information (“Diagnostic and Usage Data”), including but not limited to unique system or hardware identifiers, information about your AIONE/APOWER Smart Device, computer, system and application software, and peripherals, that is gathered periodically to provide and improve AIONE/APOWER’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the AIONE/APOWER Software, and to verify compliance with the terms of this License. AIONE/APOWER may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. If you have opted in and have Location Services turned on, the location of your device may also be sent to help AIONE/APOWER analyze wireless or cellular performance issues (e.g. the strength or weakness of a cellular signal in a particular location). To enable AIONE/APOWER’s partners, third party developers and content providers to improve their software, hardware, courses, materials, and services designed for use with AIONE/APOWER products, AIONE/APOWER may also provide any such party with a subset of Diagnostic and Usage Data that is relevant to that party’s software, hardware, courses, materials and/or services, as long as the Diagnostic and Usage Data is in a form that does not personally identify you.
(c) Dictation and Touch ID. If your AIONE/APOWER Smart Device support Touch ID and Dictation, these features may allow you to make requests, give commands and dictate text to your device using your voice. When you use Dictation, the things you say will be recorded and sent to AIONE/APOWER in order to convert what you say into text and to process your requests. Your device will also send AIONE/APOWER other information, such as your name and nickname; the names, nicknames, and relationship with you (e.g., “my dad”) of your address book contacts; song names in your collection, and AIONE/APOWER's HomeKit-enabled devices in your home (e.g., “living room lights”) (collectively, your “User Data”). All of this data is used to help Touch ID and Dictation understand you better and recognize what you say. It is not linked to other data that AIONE/APOWER may have from your use of other AIONE/APOWER services. By using Dictation, you agree and consent to AIONE/APOWER’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, including your voice input and User Data, to provide and improve Dictation, and dictation functionality in other AIONE/APOWER products and services.
If you have Location Services turned on, the location of your AIONE/APOWER Smart Device at the time you make a request may also be sent to AIONE/APOWER to help improve the accuracy of its response to your location-based requests. You may disable the location-based functionality of Siri by going to the Location Services setting on your AIONE/APOWER Smart Device and turning oﬀ the individual location setting. We allow you to interact with your AIONE/APOWER Smart Device without needing to unlock it. If you have enabled a passcode on your AIONE/APOWER Smart Device and would like to prevent from being used from the lock screen, you can tap Settings, tap General, tap Passcode Lock and turn the option to “oﬀ”. You can also turn oﬀ Dictation at any time.
(d) Continuity. In order to set up and use certain Continuity features of the AIONE/APOWER Software (Handoﬀ, iPhone Cellular Calls, SMS Relay), certain unique identifiers for your AIONE/APOWER Smart Device and account are needed. These unique identifiers may include your email address(es), the AIONE/APOWER ID information you provide, a hardware identifier for your AIONE/APOWER Smart Devices, and your iPhone’s telephone number. By using the AIONE/APOWER Software, you agree that AIONE/APOWER may transmit, collect, maintain, process and use these identifiers for the purpose of providing and improving the Continuity features. To facilitate delivery of your SMS and MMS messages and to enable you to maintain conversations across your devices, AIONE/APOWER may hold your messages in encrypted form for a limited period of time. You may turn oﬀ Handoﬀ by going to the Handoﬀ & Suggested Apps setting on your AIONE/APOWER Smart Device. If you no longer wish to receive SMS or MMS messages on a particular device you can go to the Messages setting, tap Send and Receive and then choose the phone number from which you no longer wish to receive messages. If you no longer wish to make calls from or receive calls to your other devices, go to the FaceTime setting on your iPhone and disable iPhone Cellular Calls, or go to the same setting on your other devices to disable the functionality on that device.
(e) Map s. The maps service and features of the AIONE/APOWER Software (“Maps”), including map data coverage, may vary by region. When you use any location-based features within Maps, such as turn-by-turn navigation, traﬃc and local search, various location-related and usage information may be sent to AIONE/APOWER, including the real-time geographic location of your AIONE/APOWER Smart Device, in order to process your request and help improve Maps. Such location and usage data is collected by AIONE/APOWER in a form that does not personally identify you. By using Maps, you agree and consent to AIONE/APOWER’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, to provide and improve the Maps features and service, and other AIONE/APOWER products and services. You may disable the location-based functionality of Maps by going to the Location Services setting on your AIONE/APOWER Smart Device and turning oﬀ the individual location setting for Maps. Certain Maps features will however be unavailable if you disable the Location Services setting, such as turn-by-turn navigation.
(f) Interest-Based Advertising from iAd. AIONE/APOWER may provide mobile, interest-based advertising to you. If you do not want to receive relevant ads on your AIONE/APOWER Smart Device, you can opt out by going to the Limit Ad Tracking setting on your AIONE/APOWER Smart Device. If you opt out, you will continue to receive the same number of mobile ads, but they may be less relevant because they will not be based on your interests. You may still see ads related to the content on a web page or in an application or based on other non-personal information.
(g) Spotlight; Sp otlight Suggestions in Safari. When you use Spotlight or Spotlight Suggestions in Safari, your search queries, the Spotlight Suggestions you select, and related usage data will be sent to AIONE/APOWER. When using Spotlight, search results found on your device will not be sent to AIONE/APOWER. If you have Location Services turned on, when you make a search query to Spotlight the location of your AIONE/APOWER Smart Device at that time will be sent to AIONE/APOWER. Location, search queries, and usage information sent to AIONE/APOWER will be used by AIONE/APOWER only to make Spotlight Suggestions more relevant and to improve other AIONE/APOWER products and services. By using Spotlight or Spotlight Suggestions in Safari, you agree and consent to AIONE/APOWER’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information to make Spotlight Suggestions more relevant and to improve other AIONE/APOWER products and services.
If you do not want your Spotlight search queries and Spotlight Suggestions usage data sent to AIONE/APOWER, you can turn oﬀ Spotlight Suggestions. To do so, open Settings, tap General, tap Spotlight Search and deselect Spotlight Suggestions. If you turn oﬀ Spotlight Suggestions, Spotlight will search the contents of only your device. Similarly, if you do not want your Safari search queries and Spotlight Suggestions usage data sent to AIONE/APOWER, you can change your privacy settings for Safari at any time. To do so, open Settings, tap Safari, scroll down to Privacy & Security and choose the options you wish to enable or disable.
You can turn oﬀ Location Services for Spotlight Suggestions. To do so, open Settings, tap Privacy, tap Location Services, tap System Services, and slide the Spotlight Suggestions switch to “oﬀ”. If you turn oﬀ Location Services on your device, your precise location will not be sent to AIONE/APOWER. To deliver relevant search suggestions, AIONE/APOWER may use the IP address of your Internet connection to approximate your location by matching it to a geographic region.
5. Services and Third Party Materials.
(a) The AIONE/APOWER Software may enable access to AIONE/APOWER's server. Such Services may not be available in all languages or in all countries. Use of these Services requires Internet access and use of certain Services may require an AIONE/APOWER ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an AIONE/APOWER ID, or other AIONE/APOWER Service, you agree to the applicable terms of service for that Service respectively.
(b) You understand that by using any of the Services, you may encounter content that may be deemed oﬀensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that AIONE/APOWER, its aﬃliates, agents, principals, or licensors shall have no liability to you for content that may be found to be oﬀensive, indecent, or objectionable.
(c) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that AIONE/APOWER is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. AIONE/APOWER, its oﬃcers, aﬃliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
(d) Neither AIONE/APOWER nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services. Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services, including the AIONE/APOWER Maps service, is provided for basic navigational and/or planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that, the results you receive from the Maps service may vary from actual road or terrain conditions due to factors that can aﬀect the accuracy of the Maps data, such as, but not limited to, weather, road and traﬃc conditions, and geopolitical events. For your safety when using the navigation feature, always pay attention to posted road signs and current road conditions. Follow safe driving practices and traﬃc regulations, and note that walking directions may not include sidewalks or pedestrian paths.
(e) To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by AIONE/APOWER, the site owner and/or theirlicensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or AIONE/APOWER. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that AIONE/APOWER is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, oﬀensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
(f) In addition, Services and Third Party Materials that may be accessed, linked to or displayed on the AIONE/APOWER Smart Device are not available in all languages or in all countries or regions. AIONE/APOWER makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Sharing or syncing photos through your AIONE/APOWER Smart Device may cause metadata, including photo location data, to be transmitted with the photos. AIONE/APOWER and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will AIONE/APOWER be liable for the removal of or disabling of access to any such Services. AIONE/APOWER may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
This License is eﬀective until terminated. Your rights under this License will terminate automatically or otherwise cease to be eﬀective without notice from AIONE/APOWER if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the AIONE/APOWER Software. Sections 4, 5, 6, 7, 8, 9, 12 and 13 of this License shall survive any such termination.
7. Disclaimer of Warranties.
7.1 If you are a customer who is a consumer (someone who uses the AIONE/APOWER Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE AIONE/APOWER SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE AIONE/APOWER SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AIONE/APOWER SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AIONE/APOWER AND AIONE/APOWER'S LICENSORS (COLLECTIVELY REFERRED TO AS "AIONE/APOWER" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE AIONE/APOWER SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7.4 AIONE/APOWER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE AIONE/APOWER SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE AIONE/APOWER SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE AIONE/APOWER SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE AIONE/APOWER SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE AIONE/APOWER SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS AIONE/APOWER SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS AIONE/APOWER PRODUCTS AND SERVICES.
7.5 YOU FURTHER ACKNOWLEDGE THAT THE AIONE/APOWER SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE AIONE/APOWER SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AIONE/APOWER OR AN AIONE/APOWER AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE AIONE/APOWER SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL AIONE/APOWER, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE AIONE/APOWER SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE AIONE/APOWER SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AIONE/APOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall AIONE/APOWER's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Digital Certificates.
The AIONE/APOWER Software contains functionality that allows it to accept digital certificates either issued from AIONE/APOWER or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY AIONE/APOWER OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIONE/APOWER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.
10. Export Control.
You may not use or otherwise export or re-export the AIONE/APOWER Software except as authorized by United States law and the laws of the jurisdiction(s) in which the AIONE/APOWER Software was obtained. In particular, but without limitation, the AIONE/APOWER Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the AIONE/APOWER Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the AIONE/APOWER Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
11. Government End Users.
The AIONE/APOWER Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12. Controlling Law and Severability.
This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and eﬀect.
13. Complete Agreement; Governing Language.
This License constitutes the entire agreement between you and AIONE/APOWER relating to the AIONE/APOWER Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by AIONE/APOWER. Any translation of this License 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 License shall govern, to the extent not prohibited by local law in your jurisdiction.
14. Third Party Acknowledgements.
15. Use of MPEG-4; H.264/AVC Notice.
(a) The AIONE/APOWER Software is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details.
(b) The AIONE/APOWER Software contains MPEG-4 video encoding and/or decoding functionality. The AIONE/APOWER Software is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http://www.mpegla.com.
(c) The AIONE/APOWER Software contains AVC encoding and/or decoding functionality, commercial use of H.264/ AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THE AIONE/APOWER SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.
16. Yahoo Search Service Restrictions.
The Yahoo Search Service available through Safari is licensed for use only in the following countries and regions: Argentina, Aruba, Australia, Austria, Barbados, Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, China, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany, Greece, Grenada, Guatemala, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Italy, Jamaica, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Puerto Rico, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, St. Lucia, St. Vincent, Sweden, Switzerland, Taiwan, Thailand, The Bahamas, Trinidad and Tobago, Turkey, UK, Uruguay, US and Venezuela.
17. Microsoft Exchange Notice.
The Microsoft Exchange mail setting in the AIONE/APOWER Software is licensed only for over-the-air synchronization of information, such as email, contacts, calendar and tasks, between your AIONE/APOWER and Microsoft Exchange Server or other server software licensed by Microsoft to implement the Microsoft Exchange ActiveSync protocol.
Notice from AIONE Lifestyle Studios:
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