End User Agreement for Starry Products and Software
For Users in the United States
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE STARRY PRODUCT OR SOFTWARE.
This End User Agreement for Starry Products and Software (this "Agreement") is a legally binding agreement between you or the entity you represent ("you") and Starry, Inc. ("Starry"), and governs your use of any Starry hardware devices that you have purchased or that have otherwise been provided to you by Starry or any of its authorized retailers or suppliers (collectively, "Product") and any related software (whether external to or embedded in a Product) and documentation that Starry or its authorized retailers or suppliers may make available to you (collectively, "Software"). By using the Product or Software, you agree to be bound by all of the terms of this Agreement. If you are entering into this Agreement for an entity, such as the company you work for, you represent to Starry that you have the legal authority to bind that entity. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE PRODUCT OR SOFTWARE. If you do not accept the terms of this Agreement and you have purchased the Product or Software from Starry or its authorized retailer, you may return the Product or Software with proof of purchase for a refund, subject to the applicable return policy of Starry or the retailer from whom you received or purchased the Product or Software.
1. Permitted Use; Transfer.
(a) If the Product was provided to you in connection with your subscription to any service provided by or on behalf of Starry ("Service"), you may use the Product and Software solely in connection with your internal use of the Service in accordance with the applicable agreement governing your subscription to the Service ("Service Agreement"). Products made available under any Service Agreement (i) may not be transferred by you to any third party, except in connection with any permitted transfer of the Service for which you have obtained the prior written consent of Starry pursuant to the terms of the Service Agreement, and (ii) are otherwise subject to all applicable restrictions, limitations, terms and conditions set forth in the Service Agreement.
(b) If you purchased the Product separately from a Service subscription, (i) you may use the Product and Software solely for your internal purposes and (ii) you may transfer your rights and obligations under this Agreement solely in connection with your permanent, non-commercial transfer of the Product to a third party who resides in the United States and accepts all of the terms and conditions of this Agreement.
2. Software License. Subject to the terms and conditions of this Agreement, Starry hereby grants you a limited, non-exclusive and non-transferable license to use the Software solely in connection with your own internal use of the Product and Service in accordance with their applicable documentation as made available by Starry from time to time.
3. Restrictions on Use. You may not (a) copy, modify or otherwise alter any Product or Software or any technology or intellectual property embedded in or otherwise related to any Product or Software (collectively, "Starry Technology"); (b) prepare derivative works of any Software or Starry Technology; (c) distribute, lease, sublicense, lend, give, transfer, assign or otherwise make all or any portion of the Software or Starry Technology available to any third-party, except as expressly authorized in this Agreement; (d) useany Product, Software or Starry Technology for commercial purposes; (e) if any Software is firmware, copy such firmware or operate it separately from the Product in which it is embedded; (f) use any Product, Software or Starry Technology in connection with any high risk or strict liability activity including air travel, vehicle operations, emergency response or rescue operations, power plant operation, military operations, hospital and medical operations or the like; (g) copy any feature, design or graphic of any Product, Service or Starry Technology; (h) reverse engineer, re-engineer, decompile or disassemble any Product or Software or cause or allow discovery of the source code or underlying ideas or algorithms of any Product or Software; (i)use or access any Product, Software or Starry Technology in order to build a competitive product or service or to assist someone else to build a competitive product or service; (j) use any Product, Software or Starry Technology for performance, benchmarking or comparison testing or analysis, or disclose to any third party or otherwise disseminate any results thereof (all of which shall be considered confidential information of Starry); (k)disable, deactivate or render ineffective the password protection in any Product or Software; (l) remove, obscure or modify any copyright, trademark or other proprietary or intellectual property rights notices printed or stamped on, affixed to, or encoded or recorded in the Product or Software; (m) use any Product or Software in a manner that violates any applicable law, ordinance, regulation or administrative order; or (n) in any way attempt to do, or assist anyone else with, any of the foregoing. To the extent permissible by law, you waive any rights that you may have to do any of the foregoing.
4. Ownership and Feedback. The Software is licensed to you, not sold. All right, title and interest in and to the Software and Starry Technology, including all copyrights, trade secrets, trademarks, patents and other forms of proprietary and intellectual property rights therein and thereto, belong to Starry or its licensors. This Agreement does not convey to you any interest in or to any Software or Starry Technology, but only a limited right of use revocable in accordance with the terms of this Agreement. All rights not expressly granted in this Agreement are reserved by Starry and its licensors. Any feedback, suggestions, ideas or other materials and information you provide to Starry with respect to any Product or Software ("Feedback") shall be owned by Starry. You hereby assign all of your worldwide right, title, and interest in and to any Feedback to Starry and acknowledge that Starry has the unrestricted right to use and exploit such Feedback in any manner, with or without attribution, and without compensation or any duty to account to you for such use.
5. Confidentiality. You acknowledge and agree that the Product, Software and Starry Technology contain confidential and proprietary information of Starry and its licensors, including the Product's design and the Software's code, structure, sequence and organization, and you agree to treat all such information as strictly confidential.
6. Third Party Components. The Product and Software may contain or otherwise make use of software, code or related materials from third parties, including "open source" or "freeware" software ("Third Party Components"). Appendix A attached hereto and incorporated herein includes certain separate or supplemental terms applicable to Products and Software that make use of specific Third Party Components. In addition, Third Party Components may be subject to separate license terms that accompany such Third Party Components. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the license terms that accompany any Third Party Components. For your convenience, Starry makes available on its website a list of, and certain licensing information pertaining to, Third Party Components that may be contained in the Software (available at https://starry.com/legal/third-party). If required by any license for a particular Third Party Component, Starry makes the source code of such Third Party Component, and any of Starry's modifications to such Third Party Component, as required, available by written request to Starry.
7. No Maintenance or other Services. Starry has no obligation under this Agreement to provide maintenance, support, training or other services for or related to any Product or Software. Any such obligations (if at all) must be agreed to under a separate written agreement. Starry may from time to time, in its sole discretion, issue Software updates, including firmware updates for any Product; you hereby authorize Starry to "push" any such updates to the Product in Starry's sole discretion, with or without further notice to you. Except to the extent Starry makes such updates available pursuant to separate license terms, in which case your access to and use of such updates will require your acceptance of such separate terms, all such updates will constitute "Software" under this Agreement. Starry may discontinue distribution or support of any Product or Software at any time.
8. Limited Warranty.
(a) If you purchased a Product directly from Starry or from its authorized resellers in the United States, then Starry warrants that, for a period of one (1) year from the date of original retail purchase ("Warranty Period"), the hardware components of such Product will be free from defects in materials and workmanship and the Software components embedded in such Product will be free from any error that prevent the Product from performing substantially in accordance with the specifications set forth in the Product's documentation, in each case under normal consumer use and subject to the exclusions specified below.During the Warranty Period, if a defect or error arises that is covered by the aforesaid warranty, Starry will, subject to the terms and conditions hereof, at its option, either: (a) replace the defective Product with a new or refurbished model of substantially equivalent functionality; (b) repair the Product using new or refurbished parts; (c) make available to you a Software update or workaround addressing the nonconformity; or (d) refund the purchase price against your return of the Product. For purposes hereof, "refurbished" means a product or part that has been returned to its original specifications in Starry's sole discretion. Any warranty claims made pursuant to this Section 8 shall be further subject to the warranty claims procedures specified on Appendix B attached hereto and incorporated herein. THE LIMITED WARRANTY AND REMEDIES IN THIS SECTION 8 ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PERTAINING TO THE PRODUCT AND SOFTWARE, AND ARE ALSO SUBJECT TO THE LIMITS AND EXCLUSIONS OF LIABILITY SET FORTH IN SECTION 10 BELOW.
(b) The following are specifically excluded from the limited warranty set forth above:
(i) Any Product that has been used other than as specifically permitted under this Agreement;
(ii) Any Product that has been subjected to unauthorized opening, service, tampering, alteration, repair or modification;
(iii) Any defect, damage, malfunction or other issue caused by any accident, abuse, misuse, neglect, improper care or handling (e.g. subjecting the Product to extreme temperatures), impact damage (e.g. dropping the Product), contact with liquids, water, rain, extreme humidity, or other moisture, contact with sand, food, dirt or similar substances, or any flood, fire, earthquake, tornado or other acts of God or any other cause outside of Starry's reasonable control;
(iii) Any defect, damage, malfunction or other issue caused by third-party products or services including software, downloaded data or materials, consumable parts, personal computers and other electronic devices, accessories or peripherals, Internet or telecommunications failures;
(iv) Cosmetic damage or normal wear and tear, including cracks, dents and scratches to the Product;
(v) Consumable parts, such as batteries;
(vi) Accessories or peripherals;
(vii) Mobile applications, even if intended for use with any Product;
(viii) Damage caused by inadequate packing or shipping procedures in returning your Product to Starry for service; and
(ix) Any Product sold as used, refurbished or reconditioned;
(c) The limited warranty set forth above does not apply to any Product provided to you in connection with your subscription to any Service, it being understood that any warranty or repair services applicable to such Product (if at all) are set forth in the applicable Service Agreement.
9. Disclaimer of Warranties.EXCEPT AS PROVIDED IN SECTION 8, THE PRODUCT AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, STARRY AND ITS LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY OF ANY INFORMATIONAL CONTENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING OR USAGE OF TRADE. Without limiting the foregoing, Starry and its licensors do not warrant that the Products or Software or their operation will meet your requirements or will be uninterrupted or error-free. CERTAIN JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF CERTAIN WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO ONE OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability.IN NO EVENT SHALL STARRY OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, COSTS OF DELAY, ANY FAILURE OF DELIVERY, LOSS OF DATA, REVENUE, PROFITS OR GOODWILL, COSTS OF LOST OR DAMAGED DATA, DOCUMENTATION OR EQUIPMENT, OR LIABILITIES TO THIRD PARTIES) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCT OR SOFTWARE (INCLUDING THE USE OR INABILITY TO USE THE PRODUCT OR SOFTWARE), EVEN IF STARRY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION (INCLUDING CONTRACT, NEGLIGENCE, TORT OR WARRANTY). WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL STARRY'S LIABILITY (FOR ALL CAUSES OF ACTION), EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
11. Termination.This Agreement shall immediately and automatically terminate upon your breach of this Agreement. Upon the termination of this Agreement, you must cease all use of the Product and Software. If any Software has been installed on a personal computer or mobile device, you must immediately uninstall such Software. The provisions of this Agreement which by their express or implied terms extend beyond the termination of this Agreement shall continue in full force and effect notwithstanding the termination or expiration of this Agreement.
12. U.S. Government - Restricted Rights. This paragraph applies to all acquisitions of Software by or for the Federal Government. By accepting delivery of any Software, the Government hereby agrees that the Software qualifies as commercial computer software and documentation within the meaning of the acquisition regulation(s) applicable to this procurement. The terms and conditions of this Agreement shall pertain to the Government's use and disclosure of the Software, and shall supersede any conflicting contractual terms or conditions. The Software is provided to the government only with restricted rights and limited rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies.
13. Export Controls.The Product, Software and Starry Technology may be subject to export controls under the U.S. export control laws, rules and regulations, and may be subject to the export regulations of other countries. You shall not export or re-export, directly or indirectly, any Product, Software or Starry Technology, unless you have complied with all applicable laws and have obtained appropriate authorization from the U.S. Commerce Department and/or any other relevant government authorities.
14. Governing Law; Choice of Forum. This Agreement shall be governed by the substantive laws of The Commonwealth of Massachusetts, United States of America, and applicable U.S. federal laws without giving effect to applicable conflict of laws provisions. Any action arising from or relating to this Agreement shall only be brought in a state or federal court of competent jurisdiction in Boston, Massachusetts, and the parties consent to the jurisdiction, venue and convenience of such courts. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
15. Injunctive Relief.You acknowledge that the use, copying, disclosure or dissemination of the Software, Starry Technology or any confidential or proprietary information embodied therein, in a manner not authorized by this Agreement would cause irreparable harm to Starry that could not be fully remedied by monetary damages. You therefore agree that Starry shall be entitled, in addition to any other remedies available to it at law or in equity, to such injunctive or other equitable relief as may be necessary or appropriate to prevent such unauthorized use, copying, disclosure or dissemination without the necessity of proving actual or irreparable damage.
This Agreement and the rights and obligations herein are personal to you, and you may not transfer or assign this Agreement or your rights or obligations hereunder (including by operation of law) without the prior written consent of Starry, which may be withheld in Starry's sole discretion, except as expressly permitted under Section 1 above.
In the event any term or provision of this Agreement or any application thereof shall be deemed to be illegal, void, or unenforceable, then the same shall not affect the remaining portions of this Agreement or any other application of the same which are not determined to be illegal, void or unenforceable, which remaining provisions and any other such application shall survive and constitute the agreement of the parties.
The failure of either party at any time to require performance of any provision of this Agreement or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by either party of any breach of any provision of this Agreement or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes all prior oral and written negotiations, agreements or understandings between the parties with respect to the subject matter hereof. No modification of any provision of this Agreement shall be valid or binding unless made in writing and signed by an authorized officer of Starry. WITHOUT LIMITING THE FOREGOING, NO VENDOR, DISTRIBUTOR, RESELLER, DEALER, RETAILER, SALES PERSON OR OTHER PERSON OR ENTITY IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS DIFFERENT FROM, OR IN ADDITION TO, THE WARRANTIES, REPRESENTATIONS OR PROMISES IN THIS AGREEMENT.
Section headings are used herein for convenience only and shall not be deemed to affect the scope, meaning or intent of this Agreement or any provisions hereof. Whenever examples are used in this Agreement with the words "including," "for example," "e.g.," "such as," "etc." or any derivation thereof, such examples are intended to be illustrative and not in limitation thereof.
Third Party Components – Certain Separate or Supplemental Terms
This Appendix includes separate or supplemental terms and conditions applicable to Products and Software making use of certain Third Party Components as specified herein, and you agree to comply with such terms and conditions in connection with your access to and use of any such Product or Software. Unless otherwise specified herein, the terms and conditions of this Appendix are intended to supplement, and not replace, the terms and conditions set forth in the End User Agreement for Starry Products and Software to which this Appendix is attached (the " Agreement"). To the extent of a conflict between the terms of this Appendix and the terms of the Agreement, this Appendix shall control.
iOS Mobile Applications:
The following supplemental terms apply to Software in the form of any mobile application obtained from Apple's App Store (" iOS Application"):
Relationship between the Parties. The Agreement is concluded between you and Starry only, and not with Apple. Starry, not Apple, is solely responsible for the iOS Application and the content thereof.
Usage Rules. Your use of the iOS Application must comply with the Usage Rules for Licensed Applications set forth in the Apple Media Services Terms and Conditions available at https://www.apple.com/legal/internet-services/itunes/us/terms.html#APPS (the "Usage Rules"), which you acknowledge you have had the opportunity to review.
Scope of License. In addition to any limitations specified in the Agreement, you may install and use the iOS Application only on Apple-branded products that you own or control and that run on the iOS operating system, and as permitted by the Usage Rules,except that the iOS Application may be accessed, acquired, and used by other accounts associated with you via Family Sharing or volume purchasing. You may not otherwise transfer, redistribute or sublicense the iOS Application and, if you sell your iOS device to a third party, you must remove the iOS Application from the device before doing so.
No Maintenance or Support. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the iOS Application.
No Warranties. The iOS Application is provided "AS IS" without any warranties, whether express or implied by law, all of which are disclaimed pursuant to Section 9 of the Agreement. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS Application, nor will Apple be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS Application to conform to any applicable warranty.
Product Claims. Starry, not Apple, is responsible for addressing any claims relating to the iOS Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. In the event of any third party claim that the iOS Application or your possession and use thereof infringes that third party's intellectual property rights, Starry, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Starry's Contact Information. Any questions, complaints or claims with respect to the iOS Application may be directed to Attn: Legal Department, Starry Inc,. P.O. Box 52226, Boston, MA 02205; email email@example.com.
Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the iOS Application; for example, you must not be in violation of your wireless data service agreement when using the iOS Application.
Third Party Beneficiary. Apple and its subsidiaries are third party beneficiaries of the Agreement, as supplemented hereby, insofar as it relates to the iOS Application and, upon your acceptance thereof, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement, as supplemented hereby, against you as a third party beneficiary thereof.
The following supplemental terms apply to any Product or Software that interacts with any Zendesk API (a "Zendesk-Enabled Application"):
Relationship between the Parties. Starry is the licensor of the Zendesk-Enabled Application and neither Zendesk, Inc. nor any of its affiliates is a party to the Agreement.
Scope of Use. In addition to any limitations specified in the Agreement, you may not access or use the Zendesk-Enabled Application except in connection with your active account subscription for a Zendesk on-demand customer service and live chat solution.
All Ookla marks that may appear in the Product, including but not limitted to Ookla, Speedtest, and the Speedtest Powered Badge, are the property of Ookla and used with their permission.
If you have been invited to test any mobile application that has not been publicly released and that makes use the Crashlytics crash reporting and beta testing solution (a "Beta Application"), then your use of such Beta Application shall be subject to the following End User License Agreement ("EULA"), in lieu of the terms set forth in the Agreement, and you agree to comply with the terms of this EULA in connection with your access to and use of such Beta Application:
Relationship between the Parties. Starry and you acknowledge that this EULA is entered into by and between Starry and you only, and not with Crashlytics, Inc., a wholly owned subsidiary of Twitter, Inc., and its worldwide affiliates ("Crashlytics"), and that Starry, not Crashlytics, is solely responsible and liable for the Beta Application accessed and used by you, including (i) any related maintenance and support, (ii) any and all express, implied, or statutory warranties associated with the Beta Application, and (iii) any disputes or claims arising out of or related to the access and use of the Beta Application.
License. Subject to your compliance with this EULA, Starry grants you a limited, nonexclusive, nonassignable, nonsublicensable license to access, download, and use the Beta Application and any related documentation made available to you by Starry, solely for beta testing purposes. Starry reserves all right, title, and interest in the Beta Application not expressly granted to you, including but not limited to intellectual property rights. To the maximum extent permitted by law, you may not do any of the following with respect to the Beta Application: (a) modify, reverse engineer, decompile, or disassemble the Beta Application; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Beta Application; or (c) make any copy of or otherwise reproduce the Beta Application. This license is effective until terminated by you or Starry. Your rights under this license will terminate automatically without notice from Starry if you fail to comply with any term of this EULA. Upon termination of the license, you shall cease all use of the Beta Application, and destroy all copies, full or partial, of the Beta Application.
Consent to Data Processing and Transfer. Irrespective of which country you live in, you authorize Starry and Crashlytics to use your information in, and as a result to transfer it to and store it in, the United States and any other country where Starry or Crashlytics operate. Privacy and data protection laws in some of these countries may vary from the laws in the country where you live.
No Compensation. By becoming a beta tester, you are acting as a volunteer. You will bear your own costs, including any mobile carrier and data costs, that you incur in connection with your use of the Beta Application or any User Feedback (defined below).
User Feedback. You agree to use reasonable efforts to beta test the Beta Application. Any feedback, suggestions, ideas or other materials and information you provide with respect to a Beta Application ("User Feedback") shall be owned by Starry. You hereby assign all of your right, title, and interest in and to any User Feedback to Starry and acknowledge that Starry has the unrestricted right to use and exploit such User Feedback in any manner, with or without attribution, and without compensation or any duty to account to you for such use.
Confidentiality. The Beta Application and related information that Starry provides to you are Starry's confidential information. You will not disclose information about the Beta Application or any other Starry confidential information to anyone other than Starry's employees, unless Starry gives you written permission. For example, do not share screenshots or video clips of the Beta Application with your friends, family, coworkers, or the media. You will also take reasonable precautions to prevent anyone from obtaining Starry's confidential information. For example, you should restrict access to your mobile device, prevent others from watching you use the Beta Application, and not create any screenshots or video clips of the Beta Application.
Disclaimer. THE BETA APPLICATION IS A TEST VERSION THAT IS MADE AVAILABLE TO YOU FOR TESTING AND EVALUATION PURPOSES ONLY. THE BETA APPLICATION IS NOT READY FOR COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, AND DEFECTS. ACCORDINGLY, THE BETA APPLICATION IS PROVIDED "AS IS," WITH ALL FAULTS, DEFECTS, AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. STARRY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES (EXPRESS, IMPLIED, ARISING BY LAW, OR OTHERWISE) REGARDING THE BETA APPLICATION AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
Limitation of Liability. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT WILL STARRY OR ITS SUPPLIERS BE LIABLE (UNDER ANY THEORY OF LIABILITY) FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING FOR LOSS OF DATA, LOSS OF CONTENT, LOSS OF INAPPLICATION FEATURES, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE BETA APPLICATION, EVEN IF STARRY AND/OR ITS SUPPLIERS HAS/HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL STARRY AND ITS SUPPLIERS' AGGREGATE LIABILITY ARISING FROM YOUR USE OR INABILITY TO USE THE BETA APPLICATION EXCEED FIFTY UNITED STATES DOLLARS (US $50.00).
Warranty Claims Procedures
How to make a Warranty Claim or arrange for Warranty Service?
Please access and review the online help resources available at www.starry.com/support before requesting warranty service.
To make a warranty claim or arrange for warranty service for your Product, you must contact Starry Customer Service at (888) 231-9403. Call charges and international shipping fees may apply. The available service options are dependent on the country in which service is requested. Starry reserves the right to restrict warranty claims and warranty services to the countries where the product was intended for sale.
When you contact Starry at the number above, Starry will provide a Return Merchandise Authorization ("RMA") number and specific instructions to you as to how and where to return your Product. You may be required to provide your contact details, place of purchase, date of purchase and the model and serial number of the Product to be returned. Your Product must be shipped, prepaid and insured by you, in its original or equally protective packaging, together with proof of purchase (i.e., a dated purchase or gift receipt) and the RMA number provided by Starry, to the address specified by Starry. You are required to send your Product to Starry before a replacement is sent out. You must return your Product within the timeframe specified by Starry.
Your Product or a replacement will be returned to you configured as your product was configured when originally shipped, subject to applicable updates that Starry, in its discretion, makes generally available free of charge. This may affect use and/or compatibility with third party applications (for which Starry shall have no liability). You will be responsible for reinstalling all other data, software and files.
You will be solely responsible for any cost, expense, loss or damage relating to your failure to comply with the above terms or Starry's instructions.
What Will Starry Do When It Receives Your Product?
When Starry receives your Product, it will examine it and determine whether it is covered by this Limited Warranty. If, upon examination, Starry determines that your Product is covered by the Limited Warranty and an advance replacement Product has not already been provided to you, Starry will, within a reasonable period of time, at its option, provide one of the remedies set forth in the Agreement to which this Appendix is attached. If your Product is covered by the Limited Warranty, the shipping address must be within one of the countries in which the Product was intended for sale, in which event Starry will send the replacement or repaired Station to you at Starry's cost and by Starry's choice of carrier.
If, upon examination, Starry determines that your Product is not covered by the Limited Warranty, Starry will return your Product to you, at your expense.
Any returned Product or parts for which a replacement is given become the property of Starry.
What will be the Warranty Period if your Product is replaced or repaired?
If your Product is replaced or repaired during the Warranty Period, it will be covered by the Limited Warranty for the remainder of the original Warranty Period or ninety (90) days from the date of shipment of the replacement or repaired Product, whichever is longer.