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Twonky beam app for android

Step 1:On your mobile gadget, go to the Google Play™ save.

You watching: Twonky beam app for android

 Tip 2:Tap on the Search
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 symbol and search for “Twonky Beam” in the Search Google Play area. Tip 3:Tap on Twonky Beam as soon as the Search results show up.
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Tip 4:Tap Install.
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Step 5:Read the PERMISSION details and tap Accept & download to agree.
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NOTE: The application should then begin downloading and will certainly immediately install as soon as finimelted.
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Step 6:Once mounted, tap Open. Step 7:The Welconcerned Twonky Beam window will then pop up. Tap Ok.
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NOTE: You will certainly be presented some tips for navigating the Twonky Beam application. Tap everywhere twice to continue.
Tip 8:Tap on the X button to cshed the welcome message. Step 9:Choose which webwebsite you’d choose to beam.
You should now have actually effectively set up the Twonky Beam application on your tool.

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End User License Agreement

homebuyerscalculator.com Internationwide, Inc., including all affiliates and also subsidiaries (“homebuyerscalculator.com”, “us” or “we”) thanks you for picking one of our homebuyerscalculator.com, homebuyerscalculator.com or WeMo assets (the “Product”). This End-User License Commitment (this “Agreement”) is a legal document that has the terms and conditions under which restricted usage of certain Software (as identified below) that operates with the Product is licensed to you.

PLEASE READVERTISEMENT THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS PRODUCT.

BY CHECKING THE BOX OR CLICKING THE BUTTON TO CONFIRM YOUR ACCEPTANCE WHEN YOU FIRST INSTALL THE SOFTWARE, YOU ARE AGREEING TO ALL THE TERMS OF THIS AGREEMENT. ALSO, BY USING, COPYING OR INSTALLING THE SOFTWARE, YOU ARE AGREEING TO ALL THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CHECK THE BOX OR CLICK THE BUTTON AND/OR DO NOT USE, COPY OR INSTALL THE SOFTWARE, AND UNINSTALL THE SOFTWARE FROM ALL DEVICES THAT YOU OWN OR CONTROL. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND YOU PURCHASED A PRODUCT CONTAINING THE SOFTWARE FROM AN AUTHORIZED RETAILER, RESELLER OR APP STORE (AS DEFINED BELOW), YOU MAY BE ELIGIBLE TO RETURN THE PRODUCT FOR A REFUND, SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE RETURN POLICY.

This product is Software licensed to you by homebuyerscalculator.com and, wright here applicable, by homebuyerscalculator.com’s providers. “Software” means any type of and all firmware programs and also linked records gave with respect to the Product; any and all software programs, applications or “apps” and associated papers offered with respect to the Product; all modified versions of and also upqualities or renovations to such programs (such as those offered by means of web-based updates), all subsequent versions of such programs, and all duplicates of such programs and also papers. Software does not include any Open Source Software (as identified below).

By “you,” we intend the purchaser, recipient or various other finish user of the Product containing the Software or the purchaser, recipient or other end user of the Software on a standalone basis. “You” may likewise intend a perkid who has actually downloaded the Software from an authorized website, such as http://www.homebuyerscalculator.com or from an authorized application market or store, such as Apple’s App Store or Google Play (each such application industry or store is described in this Covenant as an “App Store” and also jointly as “App Stores”).

1. LICENSE GRANT. homebuyerscalculator.com hereby grants you the ideal to use: (i) wbelow your Product is not a “Small-Medium Firm or SMB” branded Product, for your personal, non-commercial purposes; or (ii) wbelow your Product is a “Small Medium Company or SMB Product, for your personal or commercial use; copies of the Software in object code create on tools that you very own (or, in the situation of firmware, one copy of the firmware in object code create exclusively on the Product relating to the firmware). As part of this license, you might (A) run the Software in the manner defined in the user documentation for the Software; (B) wright here the Software is offered for downpack onto an individual computer system or mobile tool, make as many type of copies of the Software as you reasonably require for your own use (this does not incorporate firmware); and also (C) permanently deliver all of your civil liberties to usage the Product (consisting of yet not restricted to the Software) to another perboy, so lengthy as that perboy additionally agrees to be bound by this Agreement, and following such transfer you stop utilizing the Product and also the Software.

You have the right to uncover the user documentation for the Software on the “Support” web page of the applicable homebuyerscalculator.com website.

3. APP SOFTWARE RESTRICTIONS. If you have actually downloaded the Software from an App Store, you are also subject to any regards to use of that App Store. Such regards to usage might prohilittle you from doing some of the points you are allowed to do under this Agreement, or permit you to carry out some of the points you are prohibited from doing under this Agreement. In addition, application of the App Store’s terms of use might result in various other regards to this Commitment not being applicable to the Software or applying in a various means than this Commitment states. If your usage of the Software is topic to an App Store’s terms of use, then in the occasion of any type of conflict or ambiguity in between the regards to this Commitment and such App Store’s terms of use, the App Store’s regards to use will certainly govern, yet just to the extent crucial to deal with such conflict or ambiguity, and also the terms of this Covenant will otherwise remain in full pressure and effect. Notwithstanding anypoint to the contrary in this Commitment, by utilizing the Software, you acunderstanding and agree that it is specifically your duty to understand also the regards to this Covenant, and the terms of use of any kind of App Store that may be pertinent to the Software or the Product.

4. UPGRADES AND UPDATES. While homebuyerscalculator.com is not compelled to perform so, homebuyerscalculator.com may provide you with upqualities or updays to this Software. This Covenant will certainly govern any kind of upqualities provided by homebuyerscalculator.com that rearea and/or supplement the original firmware and/or Software, unmuch less such upgrade is accompanied by a separate end user license agreement, in which instance the regards to that finish user license agreement will certainly govern. If you decide not to downpack and also usage an upgrade or update offered by homebuyerscalculator.com, you understand also that you could put the Software at risk to serious defense dangers or reason the Software to come to be unusable or unsecure. Some Products include an auto-update function, which offers us the capability to make updays automatically. You can readjust auto-upday choices by transforming your settings within the Product account information. In very limited instances, updays may still be immediately applied, regardless of the auto-update setting. For instance, we might administer an automatic update that fixes a security breach or vulnercapability to your netjob-related. We might also provide you with updated Software information files instantly to advantage you, such as to administer you through updated tool information to identify new gadgets in your netjob-related. These information documents carry out not update your firmware, but consist of Software records that are cached on your Product and override older files. By agreeing to this Agreement, you agree to automatic updates.

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“Open Source Software” suggests any kind of software program or software component or innovation that is topic to an open resource license. Open resource licenses are mainly licenses that make source code easily accessible for totally free alteration and distribution, but can also apply to modern technology got and dispersed specifically in object code create. Examples of open up resource licenses include: (a) GNU"s General Public License (GPL) or Lesser/Library GPL (LGPL); (b) the OpenSSL License; (c) the Mozilla Public License; (d) the Berkeley Software Distribution (BSD) License; and also (e) the Apache License.

8. THIRD PARTY PRODUCTS AND SERVICES. The Software may contain web links or various other functions that make it easier for you to visit or log-in to independent third-party websites (“Linked Sites”). These attributes are offered specifically as a convenience to you. Linked Sites are not under homebuyerscalculator.com’s manage, and also homebuyerscalculator.com is not responsible or liable for and does not endorse the content or techniques of such Linked Sites, including any indevelopment or products had on such Linked Sites. You will have to make your own independent judgment about your interactivity through these Linked Sites. You hereby waive and release any legal insurance claim you could have actually versus homebuyerscalculator.com via respect to these sites or third-party commodities or solutions, and your use of these sites, third-party commodities or solutions. We encourage you to read the terms and also problems and also privacy policy of each third party webwebsite that you pick to visit.

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10. TERM. This Commitment is efficient when you click on the “I Accept” switch, or once you in any type of various other means usage, copy or install the Software, which will certainly constitute your acceptance of, and agreement to, this Commitment. Once welcomed, this Covenant continues to be in impact until terminated. The restricted license in this Commitment will be instantly terminated if you fail to comply through any of the terms and also problems in this Commitment. You agree that upon such termination, you will automatically ruin all programs and also documentation that relate to the Software, consisting of all duplicates made or derived by you, and otherwise cease usage of the Software. If the Software has been set up on an individual computer system or mobile gadget, you should uninstall the Software instantly. If the Software is software or firmware embedded on a Product, you need to soptimal making use of the Product. All provisions of this Agreement except for Section 1 and the restricted warranty in Section 12 (the initially paragraph) will certainly make it through termination.

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11. IMPORTANT NOTICE REGARDING YOUR CONSUMER RIGHTS. SOME COUNTRIES, STATES AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CONDITIONS, WARRANTIES OR GUARANTEES, AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES OR GUARANTEES. ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS BELOW ENTITLED “LIMITED WARRANTY AND DISCLAIMER” AND “GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, homebuyerscalculator.com’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENFORCEABILITY OF THESE LIMITED WARRANTIES MAY VARY BASED ON THE LOCAL LAWS APPLICABLE TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS DEPENDING ON WHERE YOU LIVE. FOR EXAMPLE, IN AUSTRALIA AND NEW ZEALAND, OUR SOFTWARE AND THE MEDIA ON WHICH IT IS PROVIDED COME WITH STATUTORY GUARANTEES, INCLUDING AS TO QUALITY AND FITNESS FOR PURPOSE, WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE AUSTRALIAN CONSUMER LAW OR THE CONSUMER GUARANTEES ACT 1993 (NEW ZEALAND) (AS FURTHER EXPLAINED BELOW).

THIS AGREEMENT IS NOT INTENDED TO AND DOES NOT: (I) CHANGE OR EXCLUDE ANY STATUTORY CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED; OR (II) LIMIT OR EXCLUDE ANY RIGHT YOU HAVE AGAINST THE PERSON WHO SOLD THE PRODUCT TO YOU IF THAT PERSON HAS BREACHED ANY SALES CONTRACT WITH YOU. YOU AGREE TO USE THE SOFTWARE IN COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING LOCAL LAWS OF THE COUNTRY OR REGION IN WHICH YOU LIVE OR IN WHICH YOU DOWNLOAD OR USE THE SOFTWARE.

CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN CONSUMER LAW AND THE CONSUMER GUARANTEES ACT 1993 (NEW ZEALAND) (“CGA”) MAY IMPLY WARRANTIES OR CONDITIONS, OR IMPOSE GUARANTEES OR OBLIGATIONS ON homebuyerscalculator.com, WHICH OPERATE TO PROTECT CERTAIN AUSTRALIAN OR NEW ZEALAND PURCHASERS OF GOODS AND SERVICES IN VARIOUS CIRCUMSTANCES ("AU/NZ APPLICABLE LAWS"). NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY CONDITION, WARRANTY, GUARANTEE, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY AU/NZ APPLICABLE LAWS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED. If any type of problem, warranty or guarantee is implied into this Covenant or imposed on homebuyerscalculator.com under AU/NZ Applicable Laws and cannot be excluded, however homebuyerscalculator.com has actually a choice of a remedy, then homebuyerscalculator.com’s liability for breach of the condition, warranty or guarantee is restricted to one or more of the following, at homebuyerscalculator.com’s option: (a) in the case of products, the replacement of the products or the supply of tantamount items, the repair of the goods or reresources the payment for the items if it would certainly be unreasonable to intend the assets to be repaired; or (b) in the instance of services, the providing of the services aobtain, or the payment of the cost of having actually the solutions gave aget. In addition to these remedies a "consumer" (within the meaning of the CGA) may case for any sensibly foreseeable loss (other than loss or damage through reduction of value of the goods) that outcomes from the initial difficulty.

12. LIMITED WARRANTY AND DISCLAIMER. homebuyerscalculator.com warrants that any kind of media (such as a CD or USB stick) on which the Software is offered will be free from defects in products and workmanship under normal use for 90 days from the day of its original purchase (the “Warranty Period”). If you make an eligible software media claim under this warranty during the Warranty Period (the “Limited Warranty”), homebuyerscalculator.com will honor this warranty by replacing the Software media. To make a case under this Limited Warranty, rerotate the defective media in addition to the sales receipt straight to homebuyerscalculator.com at the complying with address: homebuyerscalculator.com International, Inc., 12045 E. Waterfront Drive, Playa Vista, CA 90094. This Limited Warranty is void if faientice of the media has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever before is much longer. In relation to consumers who are entitcaused the benefit of the CGA, the media on which Software is offered comes with promises that cannot be excluded under New Zealand also regulation, and this Limited Warranty is in enhancement to any type of statutory civil liberties such consumers might have under New Zealand also regulation. This Limited Warranty does not apply in Australia. Consumers in Australia have statutory civil liberties in relation to the Software and also media on which the Software is offered under the Australian Consumer Law.

EXCEPT FOR THIS LIMITED WARRANTY ON MEDIA, SUBJECT TO SECTION 11 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY RELATED PROGRAMS AND DOCUMENTATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY DO SO, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, homebuyerscalculator.com, ITS RESELLERS AND ITS SUPPLIERS HEREBY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABLE OR SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF OR THE PERFORMANCE OF THE SOFTWARE AND RELATED INFORMATION, PROGRAMS AND DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT YOUR USE OF THE SOFTWARE AND RELATED INFORMATION, PROGRAMS AND DOCUMENTATION WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS, INFORMATION, MATERIAL OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY homebuyerscalculator.com, A DEALER, AGENT OR AFFILIATE SHALL CREATE A WARRANTY. To the extent warranties cannot be disdeclared or excluded, they are restricted to the duration of the appropriate Warranty Period.

YOUR USE OF THE SOFTWARE, PRODUCT AND RELATED PROGRAMS AND DOCUMENTATION IS AT YOUR OWN RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR (AND homebuyerscalculator.com DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HOME, HVAC SYSTEM, ELECTRICAL SYSTEM, PLUMBING, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR MISUSE OF THE SOFTWARE, PRODUCT AND RELATED PROGRAMS AND DOCUMENTATION. YOU ARE RESPONSIBLE FOR COMPLYING WITH ANY SAFETY WARNINGS AND PRECAUTIONS THAT ACCOMPANY THE PRODUCT. IF YOU ARE NOT COMFORTABLE WITH USING THE PRODUCT AFTER READING THE SAFETY WARNINGS, YOU MUST RETURN THE PRODUCT TO YOUR PLACE OF PURCHASE AND STOP USING THE SOFTWARE. homebuyerscalculator.com IS NOT RESPONSIBLE FOR (I) YOUR FAILURE TO FOLLOW SAFETY WARNINGS, PRECAUTIONS OR ANY OTHER INSTRUCTIONS PROVIDED WITH THE PRODUCT AND/OR SOFTWARE, (II) YOUR NEGLIGENCE IN USE OF THE PRODUCT AND/OR SOFTWARE, OR (III) YOUR INTENTIONAL MISUSE OF THE PRODUCT OR SOFTWARE.

YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE AND ANY RELATED PROGRAMS AND DOCUMENTATION ARE NOT CERTIFIED FOR EMERGENCY RESPONSE OR INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE FAILURE, DELAY OR ERRORS OR INACCURACIES IN THE DATA OR INFORMATION PROVIDED BY THE SOFTWARE COULD LEADVERTISEMENT TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. YOU UNDERSTAND THAT THE PRODUCTS AND SOFTWARE ARE NOT PART OF AND DO NOT CONTAIN A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. homebuyerscalculator.com DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. homebuyerscalculator.com CUSTOMER SUPPORT CONTACTS CANNOT BE CONSIDERED A LIFESAVING SOLUTION AND THEY ARE NOT A SUBSTITUTE FOR EMERGENCY SERVICES. ALL LIFE THREATENING AND EMERGENCY SITUATIONS SHOULD BE DIRECTED TO THE APPROPRIATE EMERGENCY RESPONSE SERVICES IN YOUR AREA.

It is your responsibility to ago up your system, including without limitation, any type of material, indevelopment or information that you may usage or possess in connection with the Product or Software, and homebuyerscalculator.com shall have no licapacity for your faiattract to earlier up your device or any type of material, indevelopment or data.

Some homebuyerscalculator.com Products and Software might monitor energy consumption in the house. homebuyerscalculator.com does not guarantee or promise any kind of specific level of energy savings or other monetary advantage from the use of the Products or Software or any type of various other feature. Actual power savings and also any linked financial benefits differ based upon components past homebuyerscalculator.com’s manage or understanding. From time to time, homebuyerscalculator.com might use the Software to carry out you with indevelopment that is distinct to you and your energy usage and also says an possibility to conserve money on power bills if you take on suggestions or functions of the Product or Software. You acexpertise that this indevelopment is not a guarantee of actual savings, and also you agree not to seek monetary or various other remedies from homebuyerscalculator.com if your savings differs. All indevelopment provided to you by homebuyerscalculator.com is provided “as is” and “as available”. We cannot guarantee that it is correct or approximately date. In instances where it is instrumental, accessing information through the Software is not a substitute for direct access of the indevelopment in the house.

13. GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL homebuyerscalculator.com, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD PARTY PRODUCTS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), REGARDLESS OF THE THEORY OF LIABLITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF homebuyerscalculator.com OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF homebuyerscalculator.com, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS TO YOU FOR ALL DAMAGES EXCEED THE LESSER OF FIFTY DOLLARS ($50.00) OR THE PRICE YOU PAID FOR THE PRODUCT, THE SOFTWARE OR THE MEDIA CONTAINING THE SOFTWARE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS SECTION IS INTENDED TO LIMIT THE LIABILITY, UNDER APPLICABLE LAW, OF homebuyerscalculator.com IN RELATION TO DEATH OR BODILY INJURIES.

IF YOU LIVE IN THE EUROPEAN UNION, REFERENCES TO "SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES" SHALL MEAN ANY LOSSES WHICH (I) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES; (II) WERE KNOWN TO YOU BUT NOT TO US; AND/OR (III) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR EXAMPLE (BUT WITHOUT LIMITATION), LOSSES CAUSED BY VIRUSES, MALWARE OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA.

The warranties and also remedies collection out in this Commitment are exclusive, and, to the degree allowed by law, in lieu of all others oral or composed, expush or implied.

14. EXPORT CONTROL LAWS: You agree that the usage of the Software is subject to UNITED STATE and also regional export manage legislations and regulations. You recurrent and also warrant that you are not a citizen of an embargoed or “terrorist supporting” nation or a prohibited or minimal finish user under applicable UNITED STATE or local export and also anti-terrorism regulations, regulations and lists. You agree to strictly comply via all export manage laws and regulations and also agree not to export, re-export, divert, deliver or discshed any kind of percentage of the Software or any connected technical information or products, straight or indirectly, in violation of any applicable export law or regulation.

15. U.S. GOVERNMENT USERS: The Software and user documentation qualify as “commercial items” as defined at 48 C.F.R. 2.101 and 48 C.F.R. 12.212. All UNITED STATE Government users acquire the Software and also user documentation through just those legal rights herein that use to non-governmental customers. Use of either the Software or user documentation or both constitutes agreement by the UNITED STATE Government that the Software and user documentation are “commercial computer software” and also “commercial computer software documentation,” and also constitutes acceptance of the legal rights and also limitations herein.

16. GENERAL TERMS. If any percent of this Covenant or any of its terms is found to be void or unenforceable by regulation in a certain jurisdiction, such percentage or terms shall be construed and applied to the maximum level permitted in such jurisdiction, and also the staying provisions or any type of part thereof will certainly remain in complete pressure and result. This Commitment constitutes the whole agreement in between homebuyerscalculator.com and also you with respect to the Software and also your usage thereof and also supersedes any type of conflicting or added terms consisted of in any purchase order or somewhere else. No provision of this Covenant might be waived, modified or superseded other than by a written instrument welcomed by homebuyerscalculator.com and also you. However before, the homebuyerscalculator.com Privacy Policy referenced herein is topic to adjust in the manner explained in that record. homebuyerscalculator.com may provide translations of this Agreement as a convenience to users. However before, in the event of a conflict or inconsistency in between the English and any kind of non-English versions, the English variation of this Covenant shall govern, to the level not prohibited by local legislation in your jurisdiction. Any suppliers of homebuyerscalculator.com shall be direct and intended third-party beneficiaries of this Commitment, including without limitation with respect to the disclaimers of warranties and also restrictions on licapability set forth herein. Other than as set forth in the preceding sentence, a perkid or entity that is not a party to this Commitment shall not have any kind of right to enforce any term of this Commitment. No faiattract or delay in working out any kind of best or remedy shall operate as a waiver of any such (or any other) right or remedy. The language of this Covenant shall not be construed strictly for or against either party, regardmuch less of who drafted such language or was principally responsible for drafting it. The rights and also obligations under this Covenant are not assignable by you, and also any attempted assignment shall be void and without result. This Agreement shall bind and inure to the advantage of the parties and also their successors and permitted assigns. In the occasion of any legal proceeding between the parties arising out of or regarded this Agreement, the prevailing party shall be entitcaused recover, in addition to any kind of various other relief awarded or granted, its expenses and also expenses (consisting of reasonable attorneys’ and experienced witness’ fees) incurred in any type of such proceeding.

If you are situated in the United States, Section 17 uses to you:

17. ARBITRATION, WAIVER OF CLASSWIDE ARBITRATION, GOVERNING LAW & VENUE.

(A) GENERALLY. SUBJECT TO CLAUSE 17(D) BELOW, YOU AND homebuyerscalculator.com EACH ACKNOWLEDGE AND AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND homebuyerscalculator.com ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, INCLUDING THE VALIDITY OF THIS SECTION, AND (2) YOUR USE OF SOFTWARE AND/OR PRODUCT(S) UNDER THIS AGREEMENT (COLLECTIVELY, THE “DISPUTE”) SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS, A NATIONALLY RECOGNIZED ARBITRATION AUTHORITY, PURSUANT TO ITS CODE OF PROCEDURES THEN IN EFFECT FOR CONSUMER-RELATED DISPUTES. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE HADVERTISEMENT A RIGHT TO LITIGATE A DISPUTE THROUGH A COURT BEFORE A JURY OR JUDGE, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEADVERTISEMENT TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.

(B) ARBITRATION PROCEDURES AND FEES. PRIOR TO SUBMITTING A CLAIM FOR ARBITRATION, EITHER PARTY SHALL FIRST NOTIFY THE OTHER PARTY TO TRY TO RESOLVE THE DISPUTE. IF THE DISPUTE IS NOT RESOLVED WITHIN 60 DAYS OF SUCH NOTIFICATION, THEN THE CLAIM WILL BE SUBMITTED FOR ARBITRATION. THE ARBITRATION OF ANY DISPUTE OR CLAIM SHALL BE CONDUCTED IN ACCORDANCE WITH THE THEN CURRENT AND APPLICABLE RULES OF JAMS AS MODIFIED BY THIS AGREEMENT. THE ARBITRATION SHALL OCCUR BEFORE A SINGLE ARBITRATOR, WHO MUST BE A RETIRED JUDGE OR JUSTICE, IN ONE OF SIX REGIONAL VENUES CONSISTENT WITH THE VENUE PROVISION BELOW. WHETHER OR NOT YOU PREVAIL IN THE DISPUTE, SO LONG AS YOUR CLAIM IS NOT FOUND TO BE FRIVOLOUS BY THE ARBITRATOR AS MEASURED BY RULE 11(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE, YOU SHALL BE ENTITLED TO BE REIMBURSED FOR YOUR COSTS OF ARBITRATION, WITHIN THE SOLE DISCRETION OF THE ARBITRATOR. IF THE ARBITRATION AWARD IS EQUAL TO OR GREATER THAN THE AMOUNT YOU DEMANDED IN YOUR ARBITRATION CLAIM, homebuyerscalculator.com WILL PAY FOR YOUR REASONABLE AND ACTUAL ATTORNEYS’ FEES YOU HAVE INCURRED TO ARBITRATE THE DISPUTE, PLUS A MINIMUM RECOVERY OF $2,500. ANY DECISION OR AWARD BY THE ARBITRATOR RENDERED IN AN ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING ON EACH PARTY, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. IF EITHER PARTY BRINGS A DISPUTE IN A COURT OR OTHER NON-ARBITRATION FORUM, THE ARBITRATOR OR JUDGE MAY AWARD THE OTHER PARTY ITS REASONABLE COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) INCURRED IN ENFORCING COMPLIANCE WITH THIS BINDING ARBITRATION PROVISION, INCLUDING STAYING OR DISMISSING SUCH DISPUTE. ANY ARBITRATION SHALL BE CONFIDENTIAL, AND NEITHER YOU, NOR homebuyerscalculator.com NOR THE ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT OR RESULTS OF ANY ARBITRATION, EXCEPT AS MAY BE REQUIRED BY LAW OR FOR PURPOSES OF ENFORCEMENT OR APPEAL OF THE ARBITRATION AWARD. JUDGMENT ON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING PROPER JURISDICTION. IF ANY PORTION OF THIS ARBITRATION CLAUSE IS DETERMINED BY A COURT TO BE INAPPLICABLE OR INVALID, THEN THE REMAINDER SHALL STILL BE GIVEN FULL FORCE AND EFFECT.

(C) WAIVER OF CLASSWIDE CLAIMS; SMALL CLAIMS COURT. NEITHER YOU NOR homebuyerscalculator.com SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU MAY HAVE HADVERTISEMENT A RIGHT TO ARBITRATE A DISPUTE ON A CLASSWIDE OR REPRESENTATIVE BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO ARBITRATE ONLY YOUR OWN DISPUTE(S) IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. NOTWITHSTANDING THE ABOVE AGREEMENT TO ARBITRATE DISPUTES, YOU AND homebuyerscalculator.com EACH ACKNOWLEDGE AND AGREE THAT EITHER PARTY MAY, AS AN ALTERNATIVE TO ARBITRATION, BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT TO RESOLVE A DISPUTE, SO LONG AS SUCH SMALL CLAIMS COURT DOES NOT PROVIDE FOR OR ALLOW FOR JOINDER OR CONSOLIDATION OF CLAIMS.

(D) GOVERNING LAW; INJUNCTIVE RELIEF. THIS AGREEMENT IS TO BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULE THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION TO THE RIGHTS AND DUTIES OF THE PARTIES. HOWEVER, WITH RESPECT TO SOFTWARE PROVIDED, IF YOU ARE A CONSUMER AND YOU LIVE IN A COUNTRY WHERE homebuyerscalculator.com MARKETS OR PROMOTES THE SOFTWARE, LOCAL LAW MAY REQUIRE THAT CERTAIN CONSUMER PROTECTION LAWS OF YOUR COUNTRY OF RESIDENCE APPLY TO SOME SECTIONS OF THIS AGREEMENT. IN ADDITION, homebuyerscalculator.com MAY SEEK INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS. EACH OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNITED NATIONS CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS IS HEREBY EXPRESSLY EXCLUDED AND WILL NOT APPLY TO THIS AGREEMENT.

(E) VENUE. EXCEPT FOR INDIVIDUAL SMALL CLAIMS ACTIONS WHICH CAN BE BROUGHT IN ANY SMALL CLAIMS COURT WHERE JURISDICTION AND VENUE ARE PROPER, ANY ARBITRATION, LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY DISPUTE SHALL BE COMMENCED IN (1) NEW YORK, NEW YORK, (2) ATLANTA, GEORGIA, (3) CHICAGO, ILLINOIS, (4) DALLAS, TEXAS, (5) SEATTLE, WASHINGTON, OR (6) LOS ANGELES, CALIFORNIA, AND YOU AND homebuyerscalculator.com EACH IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF ANY SUCH PROCEEDING. HOWEVER, FOR A DISPUTE OF $10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION IN ANY OF THE SIX REGIONAL VENUES PROCEEDS IN PERSON, BY TELEPHONE, OR BASED ONLY ON SUBMISSIONS.

If you are located external of the United States, or if Section 17 does not use to you or is otherwise unenforceable as adjudicated by a court of competent jurisdiction, then Section 18 uses to you:

18. GOVERNING LAW. This Agreement will be governed by California regulation, without reference to its or any kind of other jurisdiction’s conflict of legislations ethics. Any action arising out of or relating to this Commitment might be lugged solely in the correct state or federal court in Los Angeles, The golden state, and homebuyerscalculator.com and also you irrevocably consent out to the jurisdiction of such courts and also venue in Los Angeles, California. However, if you are a consumer and also you live in a country where homebuyerscalculator.com markets or distributes the Software, regional regulation may require that certain consumer security regulations of your country of residence apply to some sections of this Commitment. In addition, homebuyerscalculator.com might seek injunctive relief in any court having actually jurisdiction to protect its intellectual property rights. Each of the United Nations Convention on Contracts for the Internationwide Sale of Goods and the United Nations Convention on the Limitation Period in the Internationwide Sale of Goods is hereby specifically excluded and will certainly not use to this Covenant.

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