RMA

Warranty & RMA

Hardware Warranty
Return Policy
RMA Tracking

Funlux Limited Warranty - One-Year Limited Warranty

What is covered by this warranty?

Funlux warrants the Funlux-branded hardware product and accessories contained in the original packaging ("Funlux Product") against defects in materials and workmanship when used in accordance with Funlux's user manuals, technical specifications and other Funlux Product published guidelines for a period of One (1) YEAR all new Funlux products (excluding certified refurbished products, for which the period is NINETY (90) DAYS), from the date of original retail purchase by the end-user purchaser ("Warranty Period"). You will be able to receive the remedies available under the ONE-Year Limited Warranty for your Funlux product via local Funlux service facilities in most parts of the world (please refer to section "How to obtain warranty services"). In the event of any defect in materials and workmanship, you will be able to direct your claims to Funlux even in situations where you purchased the Funlux Product from a third party.

Please refer to the licensing agreement accompanying the software for details of your rights with respect to the use of software. If you do not find a licensing agreement, please refer to Funlux Official Website.

Please note: All claims made under the Funlux ONE -Year Limited Warranty will be governed by the terms set out in this warranty document.

Currently, Funlux provides you with complimentary unlimited US-based technical support within the warranty.

What is not covered by this warranty?

Funlux does not warrant that the operation of the product will be uninterrupted or error-free. Funlux is not responsible for damage arising from failure to follow instructions relating to the product's use.

All warranties, conditions and other terms not set out in this warranty document are excluded from the Funlux ONE-Year Limited Warranty.

When contacting Funlux via telephone, call charges may apply depending on your location. Please contact your network operator for details.

This warranty does not apply to any non-Funlux branded hardware products or any software, even if packaged or sold with Funlux hardware.

Non-Funlux branded products may have the benefit of a manufacturer's warranty, which provides benefits in addition to consumer law rights - please check your product box and literature for details.

This warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the Funlux Product outside the user manual, the technical specifications or other Funlux Product published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Funlux; (g) to an Funlux Product that has been modified to alter functionality or capability without the written permission of Funlux; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Funlux Product; or (i) if any serial number has been removed or defaced from the Funlux Product, or (j) if the product is stolen or Funlux reasonably believes that the product is stolen based on information provided by law enforcement authorities.

Funlux does not warrant, represent or undertake that it will be able to repair or replace any Funlux Product under this warranty without risk to and / or loss of information and / or data stored on the Funlux Product.

This warranty does not include non-Funlux installed components. This limited warranty does not cover any damage to the product that results from abnormal mechanical or environmental conditions, abuse, accident, improper installation, misuse, insufficient or excessive electrical supply, natural disaster, or any unauthorized disassembly, repair, or modification. This limited warranty also does not apply to any product on which the original product label and or UPC information has been altered, obliterated or removed, has not been handled or packaged correctly, has been sold as second-hand, or has been resold contrary to US export regulations.

This limited warranty covers only replacements for defective Funlux products, as described above. Funlux does not cover under warranty and is not liable for any loss of data or any costs associated with diagnosing the source of system problems or installing, removing or servicing Funlux products. This warranty excludes 3rd party software, connected equipment or stored data. In the event of a claim, Funlux's sole obligation shall be to replace our product with its equivalent or the best possible substitute.

Under no circumstances shall Funlux be liable in any way to the user for damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use of, or inability to use the Funlux products. Funlux reserves the right to revise or update its products, software, or documentation in keeping with technological advances without obligation to notify any individual or entity.

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, FUNLUX IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH FUNLUX PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. FUNLUX'S RESPONSIBILITY FOR HARDWARE DEFECTS IS LIMITED TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY FUNLUX IN ITS SOLE DISCRETION. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THIS LIMITED WARRANTY. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE EXPIRATION OF THE LIMITED WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Your responsibilities

If your Funlux product is capable of storing software programs, data and other information, You should make periodic backup copies of the information contained on your Funlux product’s Storage media to protect the contents and as a precaution against possible operational failures.

Before submitting your Funlux Product for warranty service you should make a separate backup copy of the contents of its storage media, remove all personal information and disable all security passwords. The contents of your Funlux Product's storage media may be erased, replaced and / or reformatted in the course of service.

Following warranty service, your Funlux Product or a replacement product will be returned to you as your Funlux Product was configured when originally sold, subject to applicable updates. Funlux may install system software updates as part of warranty service that will prevent the Funlux Product from reverting to an earlier version of the system software. Third party applications installed on the Funlux Product may not be compatible or work with the Funlux Product as a result of the system software update. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this warranty.

You may seek service in a country that is not the country of purchase, in such a case you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges.

Important: Do not open the Funlux Product unless the User Manual describes how it is designed for opening. Opening the Funlux Product may cause damage that is not covered by this warranty.

What will funlux do in the event of a warranty claim?

If you submit a valid claim under this warranty, Funlux will, at its option:

(i) repair the Funlux Product using new or previously used parts that are equivalent to new in performance and reliability, or

(ii) replace the Funlux Product with a product that is at least functionally equivalent to the Funlux Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability.

A replacement part or product or a repaired Funlux Product assumes the remaining warranty of the original Funlux Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you.

How to obtain warranty service?

Please contact us at “[email protected]” for your inquiries.

Funlux’s International Service locations may provide service to you.

General

No Funlux reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty.

If any term is held to be illegal or unenforceable, it shall be severed from this warranty and the legality or enforceability of the remaining terms shall not be affected.

This warranty is governed by and construed under the laws of the United State of America.

This limited warranty gives you specific rights. You may have additional rights under applicable local law, and this limited warranty does not affect such rights.

We are sorry to learn that you are not 100% satisfied with your purchase. Please keep in mind that we are standing by 24/7 if you have any questions about our products or services.

Policy effective 5/15/2020

General Guidelines

Before returning any product to Funlux for any reason, please first obtain an RMA (Return Merchandise Authorization) number. Sending a product back without an RMA number will significantly delay the RMA process.

You can complete the online form to request an RMA number. Online RMA requests are processed within 2 business days. Funlux customer support can also assist with obtaining an RMA number. The following information may be required in order to complete the RMA request:

● Your name
● Company name
● Address
● Phone number
● Original invoice
● Funlux product’s model number
● Credit card number
● A brief description of the problem that is occurring with the product to be returned

Once the RMA is created, you will receive an email with additional instructions on how to proceed. Every returned product must have its RMA number clearly visible on the return shipping label and in the box.

Part 1. Return within 30 Days for Refund with or without reason

Refund Policy for Product Purchased Directly from Funlux

If the Funlux product that you purchased directly from Funlux does not function to your satisfaction or does not apply to your installation application (the” Product for Refund”), you may return your Product for Refund to Funlux for a full refund within 30 days of the invoice date unless otherwise specified in the products’ listing on our website, on the receipt or packing slip, or in the purchase agreement terms. For your own benefit, we recommend that you use a traceable carrier that can provide you with the delivery confirmation to ship your Product for Refund back to the location instructed in the RMA authorization. Funlux shall not be responsible for any loss or damage to the Product for Refund caused in transit.

To avoid any delay or denial of processing your refund request please verify your Product for Refund satisfies all of our following inspection criteria (the “Inspection Criteria”).
The Product for Refund must be:

1. In the original manufacturers packaging, and shipped securely;
2. Complete with all the accessories, documentation, and standard certification labels, including, but not limited to UL listing, capacity, brand name, UPC code;
3. Free of any permanent alterations including, but not limited to paint, altered connection inputs, severed wires or cables, or indication of removed screws/fasteners or seals;
4. Free from damages of any type, including, but not limited to dents, scratches, cracks, abuse, defacement or damages resulting from power surges;

The Product for Refund will be thoroughly inspected by Funlux when received and a determination will be made whether the Inspection Criteria are met. If your Product for Refund fails to satisfy the Inspection Criteria (the “Non-conforming Product for Refund”) and has been shipped to Funlux, your Non-conforming Product for Refund will be rejected or subject to a restocking fee of up to 15% at Funlux's sole discretion. The inspection may take up to 5 business days from the time your Product for Refund is received.

If the Non-conforming Product for Refund is rejected by Funlux, you will be billed with the cost and fees of shipping the Non-conforming Product for Refund from Funlux back to you.

Refund Policy for Product Purchased from Third-Party Stores or Vendors

If the Funlux product that you have purchased from third-party stores or vendors does not function to your satisfaction or does not apply to your installation, please contact the third-party store or vendor where the product was originally purchased for the return and refund policy. All the return and refund processes related to the Funlux products purchased from third-party stores or vendors are subject to the specific policies of the third-party stores or vendors. Please refer to the return and refund policy of the original store or vendor that you purchased your Funlux product from for specific information.

Part 2. Warranty Return

In the event that your Funlux product becomes defective according to Funlux’s limited warranty and within the warranty period, you may return your defective product (the “Returned Product”) to us for repair or replacement.

Shipping of Returned Product to Funlux

After the first 30 days from your invoice, you are responsible for shipping the Returned Product to Funlux. For your own benefit, we recommend that you use a traceable carrier that can provide you with delivery confirmation to ship your Returned Product back to the location instructed in the RMA authorization. Funlux shall not be responsible for any loss or damage to the Returned Product caused in transit.

Shipping of Repaired Product and Replacement from Funlux to You

If the Returned Product is tested and found to be defective and covered by the Funlux’s limited warranty, Funlux will ONLY provide free ground shipping for the repaired product or replacement to a contiguous USA destination. If you are outside of the contiguous USA, Funlux reserves the right to charge you with the additional shipping cost and other fees to ship the repaired product or replacement back to you.

If the Returned Product is tested and found to be non-defective or not covered by the Funlux’s limited warranty by the certified Funlux RMA technicians, you will be responsible for arranging shipment of the Returned Product from Funlux to your location.

Under no circumstance is Funlux responsible for any customs clearance and/or duty, tax, fees that are enacted by the shipping carriers.

Cross Shipment

In the event that a replacement product is needed immediately, a cross-shipment option is available if the original purchase date is within 6 months of the cross-shipment request. Funlux will ONLY provide free ground cross shipment to a contiguous USA destination. Any cross shipment to areas outside of the contiguous USA will be charged additional shipping cost and other fees.
Requesting this option implies that your Returned Product has a defective part and you will ship it back to Funlux within 25 calendar days of the authorization of the cross shipment. You will be asked to secure the return by providing a credit card number. BY REQUEST OF CROSS SHIPMENT, YOU AUTHORIZE Funlux TO PLACE A 30-DAY CROSS-AUTHORIZATION ON THE CREDIT CARD EQUAL TO THE LIST PRICE OF THE REPLACEMENT PRODUCT BEING SHIPPED. Funlux will charge the full amount that was authorized on the credit card under following circumstances:

If the Returned Product is not received by Funlux within 25 calendar days from the authorization date of the cross shipment;

If the Returned Product is determined to not be covered by Funlux’s limited warranty by the certified Funlux RMA technicians.

Funlux will ship the replacement product within 2-3 business days from the authorization date of the cross shipment.

Upgrade or Exchange Procedure

Funlux is unable to exchange any Returned Product for a product of a different type unless the Returned Product satisfies all the following requirements:

The Returned Product is returned to Funlux for repair or replacement under Funlux’s limited warranty and within the warranty period (90-day period for Analog and Refurbished products, 1-year for IP products.)

The Returned Product is found to be defective and irreparable by the certified Funlux RMA technicians; and Products that are the same model as the Returned Product are out of stock.

If the Returned Product satisfies the described requirements, Funlux will offer, at its sole discretion, a variety of options for substitution or an upgraded product.

Part 3. Missing Parts Procedure

For Orders Shipped Directly from Funlux's Warehouse

If your ordered product arrived incomplete, Funlux may require image confirmation at our discretion before replacements for any missing parts are shipped out.

If your order included a product with a hard-disk drive, and a hard-disk drive was not installed in the product that you received, Funlux may ask for image confirmation before exchanging the product you received with a complete one.

If your order was not delivered or the ordered product arrived damaged, please contact Funlux customer support. In the event that your ordered product arrived damaged or incomplete due to external damages, please keep all interior and exterior packaging as this is needed when we file the shipping claim with the carrier service, we used to ship your order.

For Orders Shipped from Third-Party Stores or Vendors

If your order arrived incomplete, was not delivered, or the ordered product arrived damaged, please contact the third-party store or vendor where the order was placed and shipped from for their detailed policy or information.

Yes , I already read the policy. I am a distributor.

Request New RMA

Contact Info: First Name: *; Last Name: *; E-Mail: *; Company:; Return Address: *; City: *; State: *; Country: *; Zip: *; Telephone: *; Fax:; Return Shipping: *; Case #:

Item 1

Invoice#:

From

Invoice#: *

SKU Code: *

Qty: *

UPC Code:

Serial#:

Invoice Date:

Product Name:

Select Reason(s) for RMA: *

Select RMA Type: *

Note: *

Please upload some pictures of the issues described , or your invoice/receipt. Only JPG/PNG are allowed,max size is 2M.

RMA Search

Status Definitions:

New RMA – The RMA has just been created and needs to be changed to the appropriate status in order to proceed with the RMA process. A Funlux agent will update the status within the next business day.

Waiting for Return – We have not received your return.

Tech Ticket – A Funlux agent has determined that additional phone troubleshooting may be necessary before any items are approved for return to the manufacturer.

Waiting Shipment – Some or all items regarding the RMA are approved to be shipped out to the client. Items will be shipped within the next business day.

Rtag Required – A Funlux agent has requested that a pre-paid shipping label be emailed to the client so that the client will not need to pay for any return shipping. A RMA agent will either approve or deny this request based on eligibility. If the pre-paid shipping label is approved.The client will receive an email with a pre-paid shipping label attached.

Cross-Authorization – A Funlux agent has approved a preemptive replacement by placing a hold authorization on the client’s credit card for the value of items being exchanged. The replacement item(s) will be shipped within the next business day.

RMA Received – We have received your return.

RMA-Testing – The RMA technicians have begun testing on the returned item(s). The RMA status will update after testing is finished.

RMA-Tested – The RMA technicians have completed all necessary testing for the returned item(s), and are continuing to process the RMA accordingly. The RMA will be updated further within the next business day.

Wait-More information Needed– This status implies that the RMA department requires additional information from the client in order to proceed with the RMA. Funlux customer support will utilize this status after a notification message has been sent to the client indicating that additional information is needed in order to proceed with the RMA.

Wait Compete-Define Results – We have received all the necessary information and will begin processing Waiting Shipment Repaired - Product testing completed and repaired

Need More Action – We are waiting for information from customer,please email [email protected] and include your RMA number for further information.

Pending Refund – All items returned for refund have been checked in and tested, the RMA has been passed to the refund operator to determine refund eligibility and calculate the refund amount.

Approved Refund – All items returned for refund have been approved for refund, and the refund operator will calculate the exact refund amount and issue the refund within the next business day.

Refunded – The refund operator has issued the refund, and the client should have received an email stating the exact refund amount. The may take up to 4 business days to be posted in the client’s bank statement.

Packing – Product is being prepared for shipping.

Picking-Line* - The items to be shipped to the client are being packaged, and the line number describes which section in the warehouse is the package being prepared for shipment.

Shipped – Product was shipped from our warehouse

SOFTWARE END USER LICENSE AGREEMENT

THIS SOFTWARE END USER LICENSE AGREEMENT (“THIS AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) AND FUNLUX TECHNOLOGY (SHENZHEN) CORP. LTD, WITH ITS PRINCIPAL OFFICE AT 17/F, OFFICE TOWER A, FINANCIAL TECHNOLOGY BUILDING, 11 KEYUAN ROAD, NANSHAN DISTRICT, SHENZHEN, GUANGDONG, CHINA AND ITS SUBSIDIARY COMPANIES (INDIVIDUALLY AND COLLECTIVELY “FUNLUX”). THIS AGREEMENT GIVES YOU THE RIGHT TO USE CERTAIN SOFTWARE (THE “SOFTWARE”) INCLUDING USER DOCUMENTATION IN ELECTRONIC FORM WHICH MAY HAVE BEEN PROVIDED SEPARATELY OR TOGETHER WITH A FUNLUX PRODUCT (THE “DEVICE”) OR A PC. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE. IF YOU ACQUIRED THE SOFTWARE IN TANGIBLE MEDIA E.G. CD WITHOUT THE OPPORTUNITY TO REVIEW THIS LICENSE AND DO NOT ACCEPT THESE TERMS, YOU MAY RECEIVE A FULL REFUND OF THE AMOUNT, IF ANY, THAT YOU PAID FOR THE SOFTWARE IF YOU RETURN THE SOFTWARE UNUSED WITH PROOF OF PAYMENT WITHIN 30 DAYS FROM THE DATE OF PURCHASE.

1. Grant of License. This Agreement grants you a non-exclusive, nontransferable, non-sub licensable license to install and use, on the Device or a PC, as applicable, one (1) copy of the specified version of the Software in object code format as set out in the user documentation solely for your personal use. The Software is “in use” when it is loaded into the temporary or permanent memory (i.e. RAM, hard disk, etc.) of the PC or the Device.

2. Ownership. The Software is licensed and not sold to you. This Agreement grants you only the right to use the Software, but you do not acquire any rights, express or implied, in the Software other than those specified in this Agreement. FUNLUX and its licensors retain all right, title, and interest in and to the Software, including all patents, copyrights, trade secrets, and other intellectual property rights incorporated therein. The Software is protected by copyright laws, international treaty provisions, and other intellectual property laws. Therefore, other than as expressly set forth herein, you may not copy the Software without prior written authorization of FUNLUX, except that you may make one (1) copy of the Software for your back-up purposes only. You may not copy any printed materials accompanying the Software, nor print more than one (1) copy of any user documentation provided in electronic form, except that you may make one (1) copy of such printed materials for your back-up purposes only.

3. License Restrictions.Except as provided otherwise herein, you shall not rent, lease, sublicense, sell, assign, loan, or otherwise transfer the Software. You shall not, and you shall not permit any third party, to reverse engineer, decompile, or disassemble the Software, except to the extent that applicable law expressly prohibits the foregoing restriction. You may not remove or destroy any product identification, copyright notices, or other proprietary markings or restrictions from the Software. All titles, trademarks, and copyright and restricted rights notices shall be reproduced on your back up copy of the Software. You may not modify or adapt the Software, merge the Software into another program or create derivative works based upon the Software.

4. Termination of certain functionality. The Software may contain components of certain licensed software including software licensed from Microsoft Corporation (“Microsoft”) which implements Microsoft’s digital rights management technology for Windows Media. Content providers are using the digital rights management technology for Windows Media (“WM-DRM”) to protect the integrity of their content (“Secure Content”) so that their intellectual property, including copyright, in such content is not misappropriated. Your Device may also use WM-DRM software to transfer or play Secure Content (“WM-DRM Software”). If the security of such WM-DRM Software is compromised, Microsoft may revoke (either on its own or upon the request of the owners of Secure Content (“Secure Content Owners”)) the WM-DRM Software’s right to acquire new licenses to copy, store, transfer, display and/or play Secure Content. Revocation does not alter the WM-DRM Software’s ability to play unprotected content. A list of revoked WM-DRM Software is sent to your PC and/or your Device whenever you download a license for Secure Content. Microsoft may, in conjunction with such license, also download revocation lists onto your Device on behalf of Secure Content Owners, which may disable your Device’s ability to copy, store, display, transfer, and/or play Secure Content. Secure Content Owners may also require you to upgrade some of the WM-DRM components distributed with this Software (“WMDRM Upgrades”) before accessing their content. When you attempt to play Secure Content, WM-DRM Software built by Microsoft will notify you that a WM-DRM Upgrade is required and then ask for your consent before the WMDRM Upgrade is downloaded. WM-DRM Software built by FUNLUX may do the same. If you decline the upgrade, you will not be able to access Secure Content that requires the WM-DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade. WM-DRM features that access the Internet, such as acquiring new licenses and/or performing a required WM-DRM Upgrade, can be switched off. When these features are switched off, you will still be able to play Secure Content if you have a valid license for such content already stored on your Device. However, you will not be able to use certain of the WM-DRM Software features that require Internet access such as the ability to download content that requires the WM-DRM Upgrade. All title and intellectual property rights in and to the Secure Content is the property of the respective Secure Content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such Secure Content. To summarize, if the Software contains Microsoft WM-DRM components – Secure Content you desire to download, copy, store, display, transfer, and/or play is protected by the Microsoft WM-DRM components of the Software. Microsoft, Secure Content Owners, or Secure Content distributors may deny you access, or restrict your access, to Secure Content even after you have paid for, and/or obtained, it. Neither your consent nor the consent or approval of FUNLUX is necessary for any of them to deny, withhold or otherwise restrict your access to Secure Content. FUNLUX does not guaranty that you will be able to download, copy, store, display, transfer, and/or play Secure Content.

5. Open Source Software. (a) This software may contain components that are subject to open-source terms, as stated in the documentation accompanying the Device. This Agreement does not apply to this software as such. (b) Your license rights under this Agreement do not include any right or license to use, distribute or create derivative works of the Software in any manner that would subject the Software to Open Source Terms. “Open Source Terms” means the terms of any license that directly or indirectly (1) create, or purport to create, obligations for FUNLUX with respect to the Software and/or derivative works thereof; or (2) grant, or purport to grant, to any third party any rights or immunities under intellectual property or proprietary rights in the Software or derivative works thereof.

6. Termination.This Agreement shall be effective upon installation or first use of the Software and shall terminate (i) at the discretion of FUNLUX, due to your failure to comply with any term of this Agreement; or (ii) upon destruction of all copies of the Software and related materials provided to you by FUNLUX hereunder. FUNLUX’s rights and your obligations shall survive the termination of this Agreement.

7. Upgrades.FUNLUX may, at its sole option, make upgrades to the Software available by general posting on a website or by any other means or methods. Such upgrades may be made available pursuant to the terms of this Agreement or the release of such upgrades to you may be subject to your acceptance of another agreement.

8. Support Services. FUNLUX is not obligated to provide technical or other support (“Support Services”) for the Software. If FUNLUX does provide you with Support Services, these will be governed by separate terms to be agreed between you and FUNLUX.

9. Limited Software Warranty. FUNLUX provides the Software ‘as is’ and without any warranty except that the Software will perform substantially in accordance with the documentation accompanying the Software for a period of one year after your first download, installation or use of the Software, whichever occurs first. FUNLUX’s entire liability and your exclusive remedy for breach of this warranty shall be, at FUNLUX’s option, either (i) return of the price paid by you for the Software (if any); or (b) repair or replacement of the Software that does not meet the warranty set forth herein and that is returned to FUNLUX with a copy of your receipt. This limited warranty shall be void if failure of the Software has resulted from any accident, abuse, misuse or wrongful application. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This limited warranty shall not apply to you if the Software was provided to you free of charge on an evaluation only basis.

10. NO OTHER WARRANTIES.EXCEPT AS SET FORTH ABOVE, FUNLUX AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR FREE OR UNINTERRUPTED, OR WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNLUX AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY OR COMPLETENESS OF RESULTS WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING MATERIALS. THERE IS NO WARRANTY AGAINST INFRINGEMENT. FUNLUX DOES NOT WARRANT THAT YOU WILL BE ABLE TO DOWNLOAD, COPY, STORE, DISPLAY, TRANSFER, AND/OR PLAY SECURE CONTENT.

11. LIMITATION OF LIABILITY.UNDER NO CIRCUMSTANCES WILL FUNLUX OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF USE OR OTHER PECUNIARY LOSS, EVEN IF FUNLUX OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FUNLUX’ OR ITS LICENSORS’ AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE GREATER OF THE PRICE ACTUALLY PAID BY YOU FOR THE SOFTWARE OR FIVE US DOLLARS (5.00).

12. Trademarks.Certain of the product and FUNLUX names used in this Agreement, the Software, and the printed user documentation may constitute trademarks of the FUNLUX, its licensors or other third parties. You are not authorized to use any such trademarks.

13. Export Administration.You agree that you will not directly or indirectly, export or re-export the Software to any country for which the United States Export Administration Act, or any similar United States law or regulation requires an export license or other U.S. Government approval, unless the appropriate export license or approval has first been obtained. By downloading or installing the Software you agree to abide by this Export provision.

14. Governing law. This Agreement is governed by the laws of your country of residence , without reference to its conflict of laws principles. Any dispute between you and FUNLUX regarding this Agreement shall be subject to the nonexclusive jurisdiction of the courts of your country of residence.

15. General.This Agreement contains the entire agreement between you and FUNLUX and supersedes any prior representation, undertaking or other communication or advertising with respect to the Software and user documentation. If any part of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer.