TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT
PLEASE READ THIS TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT ("AGREEMENT") CAREFULLY
BEFORE USING YOUR JADOOTV PRODUCT. FOR THE PURPOSES OF THIS AGREEMENT, “JADOOTV PRODUCT” IS THE JADOOBOX AND THE “ACCESSORIES” ARE THE CABLES, POWER ADAPTOR, REMOTE CONTROL AND THE WIRELESS USB DEVICE THAT CAME WITH THE JADOOTV PRODUCT.
THIS AGREEMENT IS THE LEGAL AGREEMENT BETWEEN YOU AND JADOOTV, INC. (“JADOOTV”) GOVERNING YOUR USE OF THE JADOOTV PRODUCT, THE SOFTWARE (INCLUDING THE EMBEDDED JADOOTV SOFTWARE AND THIRD PARTY SOFTWARE) THAT CAME INSTALLED ON THE JADOOTV PRODUCT
AND ANY UPDATES, UPGRADES, BUG FIXES OR MODIFIED VERSIONS THERETO (“SOFTWARE”) AND RELATED DOCUMENTATION. BY USING YOUR JADOOTV 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 JADOOTV PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU HAVE NOT USED THE JADOOTV PRODUCT AND ARE THE ORIGINAL END USER PURCHASER OF THE JADOOTV PRODUCT, YOU MAY
RETURN THE UNUSED AND UNDAMAGED JADOOTV PRODUCT 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 JADOOTV FOR A REFUND ACCORDING TO THE REFUND POLICY
(a) Subject to the terms of this Agreement, JadooTV grants you a nonexclusive, nontransferable right to use the Software solely on a single JadooTV 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. JadooTV retains ownership of all copies of the Software, and JadooTV reserves all rights not expressly granted to you. The rights granted herein are
limited to JadooTV '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 JadooTV 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 JadooTV on its web site. JadooTV is not obligated to provide any warranty, maintenance,
technical or other support for the resultant modified JadooTV Software or its use on JadooTV Products. Consent to Use of Data
You agree that JadooTV and its subsidiaries may collect, use and disclose personally identifiable and anonymous technical
The Software may enable
If you are the original purchaser of the JadooTV Product
and you are not satisfied with the JadooTV Product, you may email us firstname.lastname@example.org for a Return Material Authorization (RMA) request within fourteen (14) days of receiving the product. Please include your
original JTV order number and order date in the email. JadooTV will then provide you with an RMA number and address where you may send the JadooTV Product. Product should be undamaged and in the original packaging, including all accessories. If you are eligible
for refund, you will receive the original product purchase price including any sales tax and excluding any costs of shipment and handling. If you return the product in bad condition or missing items we will charge you additional fees.
purchased accessories (QWERTY Remote Control, Wireless N Key Adapter) are not refundable.
Limited Warranty. JadooTV warrants to you that, for a period of 12-months for Jadoo3 and a period of 90 days for Jadoo1
and Jadoo2, from the date of the purchase by the original end-user purchaser (the “Warranty Period”), your JadooTV Product and the Accessories will be substantially free of hardware defects in materials and workmanship under normal use. Your exclusive
remedy and JadooTV 's entire liability under this warranty will be for JadooTV at its sole option to repair or replace the Product or Accessories or refund your purchase price less any rebates. This limited warranty extends only to the original end-user purchaser.
JadooTV Warranty Policy & Procedures:
1- Get RMA Number from JadooTV:
If a defect arises during the Warranty Period, contact JadooTV Support as set forth
on www.jadootv.com in order to obtain a Return Material Authorization (RMA) number, if applicable. BE SURE TO HAVE YOUR PROOF OF PURCHASE ON HAND WHEN CALLING. RETURN REQUESTS CANNOT BE PROCESSED
WITHOUT PROOF OF PURCHASE.
2- Return the RMA Unit to JadooTV:
If you are requested to return the Product, mark the RMA number clearly on the outside of the package and include a copy of your original proof of purchase. You are responsible for shipping
defective product to JadooTV.
3- Terms and conditions to avail the warranty:
- If the new unit you purchased from our website has a hardware fault and does not work on arrival, JadooTV will replace the box at
no cost and will pay the shipping both ways.
- If there is a hardware or software fault with in the warranty period, JadooTV will fix or replace the unit with the refurbished at no cost. You are responsible for shipping defective product to JadooTV.
JadooTV pays for shipping from JadooTV back to you only.
- If the hardware is damaged in any way (warranty void, tampered with or anything broken), no warranty will be honored. If you want the broken unit back, you will pay for shipping from JadooTV
to you and an inspection fees of $50.
- In case You send us a working product with out any issues during the warranty period, JadooTV will charge you $50 as inspection fees. You are responsible for shipping defective product to JadooTV. JadooTV pays
for shipping from JadooTV back to you only.
- Customers located outside of the United States of America and Canada are responsible for all shipping and handling charges.
- After warranty period, or if you do not have proof of purchase, no matter
when you purchased the product, the service of the JadooBox will not be free of cost. In that case, you are required to pay for shipping the defective product back to JadooTV and also pay for shipping from JadooTV back to you along with the service charges.
Limitation on Warranty. This warranty does not apply: (a) to damage caused by use with non- JadooTV 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 JadooTV; (d) if the product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by JadooTV;
(e) to a product or part that has been modified, except by JadooTV; (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 JadooTV 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 JADOOTV, ITS SUPPLIERS AND LICENSORS. JADOOTV 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 JADOOTV, 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 JADOOTV 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 JadooTV, 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 JadooTV 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. JadooTV 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
Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. The JadooTV Product uses WMDRM software to access WMDRM protected content.
If the WMDRM software fails to protect the content, content owners may ask Microsoft Corporation (“Microsoft”) to revoke the software's ability to use WMDRM to play or copy protected content. Revocation does not affect unprotected content. When
you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. If you decline an upgrade, you will not be able to access content
that requires the upgrade.
This Software is protected by certain intellectual property rights of Microsoft. Use or distribution of such technology outside of this JadooTV Product is prohibited without a license from Microsoft.
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, 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 JadooTV. 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