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Terms Of Use

TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT, MEMBERSHIP AND BILLING

PLEASE READ THESE TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT ("AGREEMENT") CAREFULLY BEFORE USING YOUR PRODUCT. FOR THE PURPOSES OF THIS AGREEMENT, “PRODUCT” IS THE SET-TOP BOX WITH THE NGO-5000 MODEL NAME AND THE “ACCESSORIES” ARE THE CABLES, POWER ADAPTOR, REMOTE CONTROL AND THE WIRELESS USB DEVICE THAT CAME WITH THE PRODUCT AND “SELLER” IS OMNIVERSE ONE WORLD TELEVISION WITH OFFICES AT 19046 BRUCE B.DOWNS BLVD. # 240, TAMPA, FL 33647. TEL: 888.897.9560, EMAIL: service@myomnibox.com. THIS AGREEMENT IS THE LEGAL AGREEMENT GOVERNING YOUR USE OF THE PRODUCT, THE SOFTWARE (INCLUDING THE EMBEDDED SOFTWARE AND THIRD PARTY SOFTWARE) THAT CAME INSTALLED ON THE PRODUCT AND ANY UPDATES, UPGRADES, BUG FIXES OR MODIFIED VERSIONS THERETO (“SOFTWARE”) AND RELATED DOCUMENTATION. BY USING YOUR 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 PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU HAVE NOT USED THE PRODUCT AND ARE THE ORIGINAL END USER PURCHASER OF THE PRODUCT, YOU MAY RETURN THE UNUSED AND UNDAMAGED PRODUCT IN ITS ORIGINAL PACKAGING WITH ALL ACCOMPANYING SOFTWARE AND DOCUMENTATION AND OTHER ITEMS TO THE PLACE WHERE YOU OBTAINED IT WITHIN 30 DAYS AFTER PURCHASE FROM FOR A REFUND ACCORDING TO THE REFUND POLICY STATED BELOW. License

(a) Subject to the terms of this Agreement, you are granted a nonexclusive, nontransferable right to use the Software solely on a single 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. Seller and its respective partners or subsidiaries retain ownership of all copies of the Software, and reserve all rights not expressly granted to you. The rights granted herein are limited to 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, and 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 Seller and its licencors.

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 Seller on its web site. Seller is not obligated to provide any warranty, maintenance, technical or other support for the resultant modified Seller Software or its use on Seller Products.

Consent to Use of Data
You agree that Seller and its subsidiaries may collect, use and disclose personally identifiable and anonymous technical and other information to facilitate the provision of software updates, upgrades or bug fixes, product support and for other reasons. Seller shall use customer information in accordance with its Privacy Policy, which can be found at Seller’s website or by contacting Seller, which may be modified by Seller at any time for any reason and which is incorporated here by reference. By using the Software, you agree to the latest terms of Seller's Privacy Policy.

Service Terms of Use
The Software may enable access to Seller's Service. By using this Software in connection with the Service, you agree to and must comply with the latest terms of use for the Service, found on the Seller’s website or by contacting seller.

Refund Policy
If you are the original purchaser of the Product and you are not satisfied with the Product, you may be eligible to return the Product for a refund, based on Seller’s return policy and other applicable laws. You may contact the Seller for return policy that is applicable to your purchase. If you made your OmniBox purchase through our website, please ship your OmniBox and all of its parts back to us. Once we have confirmed that all parts have been received and are in working condition, a refund will be made in 3-5 business days, depending on your financial institution. 

Warranty Statement
Limited Warranty. Seller warrants to you that, for a period of 90-days from the date of the purchase by the original end-user purchaser (the “Warranty Period”), your Product and the Accessories will be substantially free of hardware defects in materials and workmanship under normal use. Your exclusive remedy and Seller’s entire liability under this warranty will be for Seller at its sole option to repair or replace the Product or Accessories or refund your purchase price less any rebates. This limited warranty extends only to the original end-user purchaser.

Warranty Service. If a defect arises during the Warranty Period, contact Seller’s. BE SURE TO HAVE YOUR PROOF OF PURCHASE ON HAND WHEN CALLING. RETURN REQUESTS CANNOT BE PROCESSED WITHOUT PROOF OF PURCHASE. You are responsible for shipping defective product to Seller. Seller pays for shipping from Seller back to you only. Customers located outside of the United States of America and Canada are responsible for all shipping and handling charges. Limitation on Warranty. This warranty does not apply: (a) to damage caused by use with non-Seller 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 Seller; (d) if the product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Seller; (e) to a product or part that has been modified, except by Seller; (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 Seller 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 SELLER, ITS SUPPLIERS AND LICENSORS. SELLER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL SELLER, 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 SELLER 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 Seller, 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 Restrictions
The Software and technology in the Seller Products (hereafter referred to as “Software and Technology”) are subject to export controls under the laws and regulations of the United States (U.S.). You shall comply with such laws and regulations governing export, re-export, transfer and use of the Software and Technology and will obtain all required U.S. and local authorizations, permits, or licenses. Seller 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.

Membership and Billing
• Billing
By starting your OmniBox membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the OmniBox service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Visit our website and click on the "Membership Terms and Details" link on the "Your Account" page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you started your OmniBox membership or became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.

Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the OmniBox website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts. If you signed up for OmniBox using your iTunes account as your Payment Method and wish to cancel your OmniBox membership at any time, including during your free trial, you will need to do so by visiting your iTunes account and turning off auto-renew. You may also find billing information about your OmniBox membership by visiting your iTunes account.

• Ongoing Membership
You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

• Cancellation
You may cancel your OmniBox membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, visit our website and click on "Cancel Membership" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership."

Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Features & Functionality
• Passwords
The member who created the OmniBox account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the OmniBox account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting OmniBox Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. BY SHARING THE OMNIBOXSERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

Applications
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the OmniBox service. These Applications may import data related to your OmniBox account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and OmniBoxis not responsible for and does not endorse the content of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY OMNIBOXAND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. Some of these Applications may even use OmniBox trademarks. Unless otherwise noted by OmniBox on the OmniBox website, OmniBoxis not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to or gather and/or pull information from and to your OmniBox account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your OmniBox account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if OmniBox has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold OmniBox harmless for the sharing of information relating to your OmniBox account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your OmniBox account information with, through or by any other means identified on an Application. In addition, the Application's end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application's access to your OmniBox account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not Omniverse, unless otherwise indicated by Omniverse. OMNIBOXDISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

Account Access; Identity Protection
In order to provide you with ease of access to your account and to help administer the OmniBox service, OmniBox implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the OmniBox service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your OmniBox ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a OmniBox ready device, you should logout and/or deactivate the device before doing so. Similarly, if your OmniBox ready device is lost or stolen, please deactivate the OmniBox ready device. If you fail to log out or deactivate your device, subsequent users may access the OmniBox service through your account and may be able to access certain of your account information.

If you find that you're a victim of identity theft and it involves a OmniBox account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the OmniBox website and not through a hyperlink in an email or any other electronic communication, even if it looks official. OmniBox reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. OmniBox is not obligated to credit or discount a membership for holds placed on the account by either a representative of OmniBox or by the automated processes of Omniverse.

Intellectual Property
• Copyright
The OmniBox service, including all content included on the OmniBox website and user interfaces, or delivered to members as part of the service, including, but not limited to, movies & TV shows you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of OmniBox or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by OmniBox on our website and user interfaces, or in connection with the OmniBox service are the exclusive property of OmniBox and its licensors and are protected by the copyright and trade secret laws in the territories in which the OmniBox service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from OmniBox or its licensors. You agree to adhere to the restrictions set forth under "OmniBox streaming software" and "Limitations on Use." You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the OmniBox service, not to insert any code or product or manipulate the content of the OmniBox service in any way, and not to use any data mining, data gathering or extraction method. OmniBox reserves the right to terminate your membership hereunder if Omniverse, in its sole and absolute discretion, believes that you are in violation of OmniBox software restrictions, restrictions against copying movies & TV shows provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of OmniBox and its licensors. OmniBox does not promote, foster or condone the copying of movies &TV shows or any other infringing activity. The use of the OmniBox service, including movies &TV shows made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the OmniBox service, including any on the OmniBox website and user interfaces.

Entertainment and Service Content
We distribute movies, television, and other filmed entertainment and we reserve the right to display and promote the filmed entertainment or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the OmniBox service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the OmniBox service are those of the respective authors or producers and not of Omniverse, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Omniverse, or its shareholders, directors, officers, directors, or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the OmniBox service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the OmniBox service.

Use of Information Submitted
OmniBox is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the OmniBox service, including the OmniBox website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the OmniBox service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note OmniBox does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Omniverse. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against OmniBox and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of movies & TV shows, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice. Your Conduct in Accessing the OmniBox Service.

By accessing the OmniBox service, including the OmniBox website and user interfaces, you agree to use the OmniBox service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the OmniBox service. You also agree not to interfere with the servers or networks connected to any portions of the OmniBox service or to violate any of the procedures, policies or regulations of networks connected to the OmniBox service. You also agree not to impersonate any other person while using the OmniBox service, conduct yourself in a vulgar or offensive manner while using the OmniBox service, or use the OmniBox service for any unlawful purpose.

Limitations on Use
You must be 18 years of age or older to become a member of the OmniBox service. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use. While OmniBox does distribute products that may be watched by children, the OmniBox service is not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian (see also "Parental Controls"). Unless otherwise specified, the OmniBox service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the OmniBox service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the OmniBox service, without our express written consent. OmniBox does not promote, foster or condone the copying of movies & TV Shows, digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the OmniBox service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OmniBox without our express written consent. You may not purchase search terms or use any meta tags or any other "hidden text" utilizing the OmniBox name or trademarks without our express written consent. Any unauthorized use of the OmniBox service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.

Government End Users
The Software and related documentation qualify as "commercial items," as that term is defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which the Agreement may be incorporated, you may provide to Government end user or, if the Agreement is direct, Government end user will acquire, the Software and documentation with only those rights set forth in the Agreement. Use of any of the Software or documentation or all constitutes agreement by the Government that the Software and documentation are "commercial computer software" and "commercial computer software documentation," and constitutes acceptance of the rights and restrictions herein.

Digital Rights Management (DRM) technology
Content owners use digital rights management technology to protect their intellectual property, including copyrights. The Seller Product uses DRM software to access DRM protected content. If the DRM software fails to protect the content, content owners may ask the Seller or other respective entities to revoke the software's ability to use DRM to play or copy protected content. Revocation does not affect unprotected content. When you download licenses for protected content, you agree that respective DRM vendors may include a revocation list with the licenses. Content owners may require you to upgrade DRM to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.

This Software is protected by certain intellectual property rights of DRM vendors. Use or distribution of such technology outside of this Product is prohibited without a license from the respective DRM vendors.

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. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.

Miscellaneous
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Missouri, notwithstanding any conflicts of law provisions. The parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Seller. 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.

OMNINET Internet Service -- TERMS OF USE

We request that you pre-pay the charges for your first month’s service and any installation or equipment fees are payable at the time of installation. Thereafter, we will bill you for your services every month in advance. Your monthly OmniNet bill will identify your recurring service charges, additional charges and applicable taxes, fees and surcharges. These taxes, fees and surcharges may include, among others, federal and state excise taxes and fees, state and local sales and business taxes and service-specific charges, such as federal and state universal service contributions, E911 support charges and regulatory and franchise fees. You may request from OmniNet a list of applicable fees, taxes and surcharges. Payment in full for all billed charges, including additional charges and all taxes, fees and surcharges, must be received by the date indicated on your bill to avoid late fees and other charges. Please report any billing errors immediately. In order to receive credit for disputed charges, such charges must be reported within 30 days of the day on which you receive your bill unless otherwise specified under applicable law. A late fee may be assessed upon any outstanding undisputed balance due that remains after the due date appearing on your bill. Nonpayment of any portion of your OmniNet bill may result in interruption or disconnection of any and all services, including Home Phone services. You are liable for payment for all services rendered by OmniNet and billed to your account. It is your responsibility to mail or make payment in a timely manner to ensure receipt by OMNINET on or prior to the due date. If you know that your payment will be late, call our Customer Service department so we can make arrangements to avoid service interruption and reconnection fees, or pay your bill online. All equipment, including converters, terminals, remote controls and cable modems provided by OmniNet are the property of OmniNet and must be returned if you move or terminate your service. Your account will be charged a fee for any equipment, which is not returned to OmniNet at the time your service is disconnected. This charge also applies should any of the equipment be stolen from your home or returned damaged beyond the normal wear and tear. “Adult at Home” Policy Our installers and technicians will not enter your home to perform any work unless a responsible adult is present. We realize this may cause an inconvenience for some of our customers, but this policy is essential to protect you and our employees. Equipment OmniNet will repair and/or replace the equipment we use to provide your services at no charge if the repair or replacement is not the result of your negligence, fault, or theft from your home. If you are experiencing problems with your service, contact service@myomnibox.com. Customer Service contact information is available online at http://www.omnibox.tv or you may call Customer Service by dialing 888-897-9560. OmniNet does not repair equipment owned by you such as DVD players, telephones and televisions and is only responsible for bringing service to the input of such equipment. Home Wiring The following notice will serve to inform you of your options regarding the home wiring located within your dwelling that is used to provide cable service. Home wiring is the cable which runs from your TV set to a point approximately twelve inches outside of your dwelling unit. It includes extra outlets, splitters, connections and fittings or wall plates attached to the wire but does not include devices such as converters, descramblers, CableCARDs, A/B switches, parental lockout devices, security devices and the like. Pursuant to FCC regulations, all customers are given the option to acquire the home wiring within their dwelling unit upon termination of cable service. However, even prior to termination of service, we allow our customers to remove, replace, rearrange, repair or maintain any wiring located within the interior space of the customer’s dwelling unit so long as such actions do not interfere with our ability to meet FCC technical standards or to provide services to you or your neighbors. For example, you may not attach any device or equipment to your home wiring in a way that impairs the integrity of the local system, such as by creating signal leakage, or which may cause a violation of government regulations. Furthermore, you may not attach devices or equipment to the wiring which alone or together result in a degradation of signal quality to you or your neighbors. If you choose to have us remove, replace, rearrange or maintain the wiring inside your home, you have the choice of paying our regular hourly service charge on a per-visit basis or of purchasing our optional line protection plan for a small monthly fee. This optional program covers most but not all home wiring problems. For example, it does not cover damage to home wiring caused by you or any third party should you attempt to undertake your own removal, replacement, rearrangement, repair, extension or maintenance of that wiring. Furthermore, we are not responsible for problems relating to the operation of customer-owned consumer electronics equipment such as televisions, VCRs, DVRs, home antennas, etc., which may be connected to home wiring. We are, however, responsible for problems relating to any equipment which you lease from us, other than problems caused by tampering, neglect or abuse. You also have the option of removing, repairing, rearranging or maintaining the home wiring yourself or of hiring a qualified outside contractor to do the work for you. It is extremely important that only high quality home wiring materials be used and that these materials be properly installed in order to avoid signal leakage and to maintain signal quality in compliance with FCC technical regulations. If you choose to install, replace or repair your own wiring, or hire a third party contractor to do it for you, we will be happy to furnish at cost the necessary wiring and connectors that will meet required technical standards, or provide you with a list of technical specifications for the equipment should you choose to purchase it elsewhere. Please Note... In the event improper installation by anyone other than us or the use of improper materials causes signal degradation and/or leakage, you may be held responsible for the cost of rectifying the problem. Also, we may be required under federal law to terminate your service until the problem can be remedied. Disconnection and Term of Service OmniNet requires a 12-month agreement. You may request that your services be disconnected at any time. We will schedule a disconnect appointment for you, or you may come to our office to return any OmniNet equipment (converter boxes/remote controls/modems). Unless otherwise provided by applicable law, billing for any disconnected services will stop on the date that the service disconnection takes effect and all equipment is returned. If you are enrolled in a Price Lock Guarantee (“PLG”) package, you will be subject to an early termination fee if you disconnect your service before the end of your PLG term. Moving? If you are moving within our service area, we will be glad to schedule an appointment to install OmniNet services at your new location. Please notify us at least 10 days prior to your move and we’ll arrange to transfer your services. Some fees and restrictions may apply. When you transfer your services, your account must be in current standing and any credits and charges from your previous service address will be transferred to your new account address. These credits and charges may take up to two months to appear on your OmniNet bill.