("Vodrex"), on the one hand, and you, on the other hand, with respect to your use of the vodrex.com Website,
the Vodrex Service, and any videos, software, data feeds, information, text, graphics, files or other
or services (the “Content”) displayed or accessible through the Vodrex Website and the Vodrex Service
the Vodrex Website and the Vodrex Service are referred to herein as the “Services”). Your access to and use of
agree to be bound
for any reason and which
is incorporated here by reference. If you do not agree to any of these terms or Vodrex’s latest privacy
policy, please do not use the Services.
Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be
applicable to you.
We reserve the right at any time, with or without cause, to:
1. change the terms and conditions of this Agreement;
2. change the Services, including eliminating or discontinuing any Content or other feature of the Services;
3. deny or terminate your use of and/or access to the Services.
Any change(s) we make will be effective immediately upon our making such change(s) to the Services, or any
or otherwise providing notice thereof. You agree that your entering, re-entering, accessing, re-accessing or
continuing to use
the Services thereafter constitutes your acceptance of such change(s). Be sure to return to this page
periodically to ensure
familiarity with the most current version of this Agreement.
Registration and Passwords
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 email address, select a username and password during the
registration process, and be at least 18 years of age.
You are responsible for safeguarding the password that you use to access any secure areas of the Services.
You understand that any information you provide will be
disclose your password to any third party.
You agree to take sole responsibility for any activities or actions under your password, whether or not you
have authorized such activities or actions.
You will immediately notify Vodrex of any unauthorized use of your password. Vodrex reserves the right to
refuse providing access to the Services to any user,
or to delete accounts created by users who appropriate the name, likeness, email address or other personally
identifiable information of another individual.
Use of the Services
You may only use the Services for your personal and non-commercial purposes, and subject to the restrictions
the Services may contain links to or Content from other websites or sources that are completely independent of
Vodrex and may require you to accept additional
terms of service which will be presented to you before you can use such Services. Such Content may be
protected by copyright or other intellectual property laws and treaties,
Contents / Services will continue to be available to you. Vodrex and its licensors reserve the right to
change, suspend, remove, or disable access to any Content or any other aspect of the Services at any time
without notice in its sole discretion. In no event will Vodrex be liable for changing, suspending, removing or
disabling access to any Content or any other aspect of the Services. Vodrex may also impose limits on the use
of or access to certain Services, in any case and without notice or liability. There may be interruptions in
the delivery or availability of some or all Content at any time. 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. Nevertheless, you agree to use the Services at your
sole risk and that Vodrex shall have no liability to you for Content that may be found to be offensive,
indecent, or objectionable. You acknowledge and agree that Vodrex is not responsible for examining or
evaluating the content or accuracy, completeness or authenticity of any Content. Vodrex, its officers,
affiliates and subsidiaries do not warrant or endorse the Content and shall not, directly or indirectly, be
liable or responsible, in any way, to you or any other person for the Content or for any inaccuracies, errors
in or omissions from the Content. By accessing or using the Services, you acknowledge that Vodrex makes no
representations or warranties with regard to the appropriateness or accuracy of the Content/Services available
Acceptable Use Policy
You agree not to use the Services to take any action(s) that: are contrary to Vodrex’s public image, goodwill,
or reputation; infringe on our or any third party’s copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; express or imply that any of your statements, activities
or causes are endorsed by Vodrex, without our prior written consent in each instance; violate any applicable
law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or
give rise to civil liability; are libelous, defamatory, threatening, harassing, invasive of privacy, abusive,
tortious, hateful, discriminatory, pornographic or obscene; transmit any trade secret or other material,
non-public information about any person, company or entity without the authorization to do so; restrict or
inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or
defacing any portion of the Services; modify, adapt, sub-license, translate, sell, reverse engineer,
decompile, or disassemble any portion of the Services; remove any copyright, trademark, or other proprietary
rights notices contained in or on the Services and/or any Content; 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; distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
interfere with or disrupt any services or equipment with the intent of causing an excessive or
disproportionate load on the infrastructure of Vodrex or its licensors or suppliers; 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 the Controlling the Assault of Non-Solicited Pornography and
Marketing Act (CAN-SPAM Act of 2003); forge headers or otherwise manipulate identifiers in order to disguise
the origin of any submission; 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 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 termination of your access to and use of the
Services, and/or civil or criminal liabilities.
intellectual property rights infringement and security issues, to the fullest extent of the law. Vodrex may
You acknowledge that Vodrex has no obligation to monitor your access to or use of the Services, but has the
or to comply with applicable law or the order or requirement of a court, administrative agency or other
Service Plans, Billing, and Cancellation
We charge a service fee to access the Vodrex Services. The Services may include different Content offerings
and features, with different benefits, conditions, and limitations with each account having its own Vodrex
service plan (“service plan”). The specific details regarding your service plan may be found at any time by
logging in on the Vodrex Website and viewing your account details. Because the Services are offered in
multiple time zones, for consistency, a “day” for purposes of this Agreement begins at 12:00 a.m. GMT/UTC +8
hours time zone and ends at 11:59 p.m. GMT/UTC +8 hours time zone of that same calendar day. We reserve the
right to modify, terminate, or otherwise amend our offered service plans.
By providing a credit card or other payment method accepted by Vodrex (“Payment Method”) for your service
plan, you are expressly agreeing that we are authorized to charge you a periodic service fee on a recurring
basis corresponding to the term of your service plan, any other fees for additional services you may purchase,
and any applicable taxes in connection with your use of your service plan to the Payment Method. If you want
to use a different Payment Method than the one you signed up to use during registration, or if there is a
change in your credit card validity or expiration date, you may edit your Payment Method information by
logging in on the Vodrex website and viewing your account details. If your Payment Method expires and you do
not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you
will remain responsible for any uncollected amounts.
Our services’ subscription plans have monthly billing and annual billing options (hereinafter known as
“Service Fee”). The Service Fee will be billed at the activation of your selected service plan and on each
periodic renewal date thereafter unless and until you terminate your service plan or the account or the
services are otherwise suspended or discontinued pursuant to this Agreement. To see the commencement date for
your next renewal period, log in on the Vodrex Sign In Page and check the billings cycle under the “Account
Details” tab. We automatically bill your Payment Method on the calendar day corresponding to commencement of
your service plan. In the event your service plan began on a day not contained in a given month, we shall then
bill your Payment Method on the last day of such month. For example, if you have a monthly service plan and
began paying on January 31, your Payment Method would next be billed on February 28. Vodrex reserves the right
to adjust pricing for our Services or any components thereof in any manner and at any time as we may determine
in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price
changes to your service will take effect following email notification sent to you.
It is important that you honor the payment obligations to which you have agreed. Accordingly, we reserve the
right to retry billing to your selected Payment Method after failed attempts (e.g., if your Payment Method is
rejected). We also reserve the right to pursue any amounts you failed to pay in connection with your service
plan. You will remain liable for all such amounts and all costs incurred in connection with additional costs
incurred due to the collection of these amounts, including, without limitation, bank overdraft fees,
collection agency fees, and arbitration or court costs.
SIGN IN TO YOUR ACCOUNT ON THE VODREX SIGN IN PAGE TO FIND TERMINATION / CANCELLATION INSTRUCTIONS. We will
continue to bill to your selected Payment Method on a monthly or annual basis for your Service Fee until you
cancel/terminate our Services properly. If you cancel/terminate your service plan, cancellation/termination
will only be effective at the end of the current billing period – this means that you will have continued
access to your service plan for the remainder of that period, YOU SHALL NOT RECEIVE ANY REFUND, FULLY OR
PARTIALLY. If you wish to avoid charges to your Payment Method, you must cancel/terminate your service plan
prior to midnight Pacific Time on the last day prior to the renewal period.
Third Party Links
The Services may contain links to third-party websites for your convenience. We do not control these
third-party websites or the contents provided through such websites, and we have not reviewed, in their
entirety, and we assume no responsibility for such websites nor their content, privacy policies, or practices.
By using the Services, you expressly relieve us of any and all liability arising from your usages of any third
party websites. The fact that we offer such links / services does not indicate any approval or endorsement by
us of any linked websites or any material contained on any linked websites, and we disclaim any such approval
or endorsement. Further, descriptions of, or references to, third party products, services, or publications
within the Services do not imply endorsement of, and we are not responsible for and disclaim any endorsement
of, any such product, service, or publication. The responsibility is on you, as the user, to take precautions
to ensure that whatever links you selected are free of viruses, worms, Trojan horses, date or time bombs and
other items of a destructive nature.
The Services / product source code / copyright of the site except for the Contents are owned and operated by
Vodrex, and the Services (and any intellectual property and other rights relating thereto) are and will remain
the property of Vodrex. The Services are protected by international copyright, trademark, and other laws, and
you acknowledge that these rights are valid and enforceable against you. Except as set forth in this
Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit,
distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Services / Product
/ video player without our prior written permission/consent/agreement. The Services may be used solely (a) to
the extent permitted in this Agreement or (b) as expressly authorized in writing by Vodrex or, if so indicated
in writing by Vodrex, its licensors or suppliers. Use of the Services for any other purpose is strictly
prohibited. You acknowledge that you do not acquire any ownership rights by using the Services. All rights not
expressly granted hereunder in and to the Services are hereby expressly reserved to Vodrex.
Product names, logos, brands, and other trademarks featured, or referred to, on the Services, are the property
of their respective trademark holders.
Ability To Accept this Terms Of Service
You further affirm that you are more than eighteen (18) years of age, or an emancipated minor, or possess
legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and
comply with this Agreement.
In any event, you hereby warrant and represent that you are over the age of 18, as these Services are not
intended for children under 18. If you are under 18 years of age, then please do not use these Services.
Vodrex does not knowingly solicit data from children or knowingly market to children. We are concerned about
the safety of children and their use of the Internet and we do not knowingly request or solicit personally
identifiable information from anyone under the age of 18 without prior verifiable parental consent. In the
event that we receive actual knowledge that we have collected such personal information without the requisite
and verifiable parental consent, we will delete that information from the Services as quickly as reasonably
It is up to parents to properly supervise their children’s online activities. Vodrex wishes to inform you that
parental control protections (such as computer hardware, software or filtering services) are commercially
available that may assist you in limiting access to material that is harmful to minors.
Term & Termination
This Agreement is effective from the date that you first access the Services or submit any information to
Vodrex, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Vodrex
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 Vodrex rights of
ownership shall survive any termination. All of your representations, warranties and indemnification
obligations hereunder shall also survive any termination hereof.
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 Vodrex to maintain and support
the Services, or any part or portion thereof, during the term of this Agreement.
The Services Are Provided “As-Is” Basis
THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, ARE PROVIDED “AS IS” BASIS, WITHOUT WARRANTY OR
CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VODREX EXPLICITLY DISCLAIMS
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, VODREX MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE
AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. VODREX 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 Vodrex, 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.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VODREX 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 VODREX 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 VODREX 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, VODREX 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 VODREX TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE
SERVICES IS LIMITED TO FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VODREX 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.
be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein.
such right or provision.
Controlling Law and Jurisdiction
Unless otherwise required by a mandatory law of a member state of the European Union or any other
jurisdiction, the formation, validity, interpretation, performance, amendment, termination and dispute
settlement of or relating to this Agreement shall be governed by and interpreted according to the laws of
Malaysia, without regard to choice or conflicts of law principles. Further, you and Vodrex agree to the
exclusive jurisdiction of the laws of Malaysia to resolve any dispute, claim or controversy that arises in
connection with these Agreements..
Services and supersede and replace any prior or contemporaneous understandings between Vodrex and you
regarding the Services.
TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT
PLEASE READ THIS TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT (“AGREEMENT”) CAREFULLY BEFORE
USING YOUR VODREX PRODUCT. FOR THE PURPOSES OF THIS AGREEMENT, “VODREX PRODUCT” IS THE VODREX AND THE
“ACCESSORIES” ARE THE CABLES, POWER ADAPTOR, REMOTE CONTROL AND THE WIRELESS USB DEVICE THAT CAME WITH THE
VODREX PRODUCT. THIS AGREEMENT IS THE LEGAL AGREEMENT BETWEEN YOU AND Vodrex. ("Vodrex") GOVERNING YOUR USE OF
THE VODREX PRODUCT, THE SOFTWARE (INCLUDING THE EMBEDDED VODREX SOFTWARE AND THIRD PARTY SOFTWARE) THAT CAME
INSTALLED ON THE VODREX PRODUCT AND ANY UPDATES, UPGRADES, BUG FIXES OR MODIFIED VERSIONS THERETO (“SOFTWARE”)
AND RELATED DOCUMENTATION. BY USING YOUR VODREX 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 VODREX PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU HAVE NOT
USED THE VODREX PRODUCT AND ARE THE ORIGINAL END USER PURCHASER OF THE VODREX PRODUCT, YOU MAY RETURN THE
UNUSED AND UNDAMAGED VODREX 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 VODREX FOR A REFUND
ACCORDING TO THE REFUND POLICY STATED BELOW.
(a) Subject to the terms of this Agreement, Vodrex grants you a nonexclusive, nontransferable right to use the
Software solely on a single Vodrex 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.
Vodrex retains ownership of all copies of the Software, and Vodrex reserves all rights not expressly granted to you.
The rights granted herein are limited to Vodrex ‘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 Vodrex 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 Vodrex on its web site. Vodrex is not obligated to provide any warranty, maintenance, technical or other support for the resultant modified Vodrex Software or its use on Vodrex Products.
Consent to Use of Data
Vodrex does not provide return labels and is not responsible for return cost. If you return the product in bad condition or with missing items, we will charge you additional fees. Vodrex is not responsible for lost or damaged packages.
The length and start date of your Limited Warranty (the “Warranty Period”) on Vodrex products and accessories varies by product. Vodrex warrants to you that, for the length of the Warranty Period, your Vodrex Product and the Accessories will be substantially free of hardware defects in materials and workmanship under normal use. Your exclusive remedy and Vodrex‘s entire liability under this warranty will be for Vodrex at its sole option to repair or replace the Product or Accessories or refund your purchase price less any rebates. This limited warranty applies only to the original end-user purchaser.
Limitation on Warranty. This warranty does not apply:
- to damage caused by use with non-Vodrex products
- to damage caused by accident, misuse, being subjected to abnormal physical or electrical stress, or other external causes;
- to damage caused by operating the product outside the permitted or intended uses described by Vodrex;
- if the product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Vodrex;
- to a product or part that has been modified, except by Vodrex;
- to consumable parts, such as batteries;
- 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;
- if any Vodrex serial number has been removed or defaced; or
- if the warranty sticker has been removed or altered.
Vodrex Warranty Policy & Procedures:
1- Get RMA Number from Vodrex:
If a defect arises during the Warranty Period, contact Vodrex Support as set forth on www.vodrex.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 Vodrex
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 Vodrex.
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, Vodrex will replace the box at no cost and will pay the shipping both ways.
If there is a hardware or software fault within the warranty period, Vodrex will fix or replace the unit with the refurbished at no cost. You are responsible for shipping defective product to Vodrex. Vodrex pays for shipping from Vodrex 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 Vodrex to you and an inspection fees of $50.
In case You send us a working product without any issues during the warranty period, Vodrex will charge you $50 as inspection fees. You are responsible for shipping defective product to Vodrex. Vodrex pays for shipping from Vodrex back to you only.
All customers 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 Vodrex will not be free of cost. In that case, you are required to pay for shipping the defective product back to Vodrex and also pay for shipping from Vodrex back to you along with the service charges.
Limitation on Warranty. This warranty does not apply: (a) to damage caused by use with non- Vodrex 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 Vodrex; (d) if the product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Vodrex; (e) to a product or part that has been modified, except by Vodrex; (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 Vodrex 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 VODREX, ITS SUPPLIERS AND LICENSORS. VODREX 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 USAGE 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 VODREX, 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 VODREX 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 Vodrex, 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.
Export & Import Restrictions
The Software and technology in the Vodrex Products (hereafter referred to as “Software and Technology”) are subject to export and import controls under the laws and regulations of the respective manufacturing countries. You shall comply with such laws and regulations governing export and import, re-export, transfer and use of the Software and Technology and will obtain all required local authorizations, permits, or licenses. Vodrex 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 generally consisting of “commercial computer software” and “commercial computer software documentation” Notwithstanding any other laws and regulations or other contractual clause to the contrary in any agreement into which the Agreement may be incorporated, you may provide to Governments’ end user or, if the Agreement is direct, Governments’ 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 herein.
MPEG-1, 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.
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the formation, validity, interpretation, performance, amendment, termination and dispute settlement of or relating to this Agreement shall be governed by and interpreted according to the laws of China, without regard to choice or conflicts of law principles. Further, you and Vodrex agree to the exclusive jurisdiction of the laws of China to resolve any dispute, claim or controversy that arises in connection with these Agreements, it is mandatory for the parties to resolve the outstanding issues by way of online mediation, if fail, followed by mandatory arbitration. 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 Vodrex. 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 and be given priority.