TERMS & CONDITIONS

iTV-RSN Customer Service Agreement

READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE iTV-RSN SERVICE.

1. AGREEMENT

This is an agreement between iTV-RSN, Inc. (iTV-RSN, We, or iTV) and You (You) to provide iTV-RSN IP television service (the Service). By establishing an account, using the Service, using the equipment, signing a written copy of this agreement, or by indicating agreement by or through the software or website, You agree to be bound by this Agreement, including future revisions and to use the Service in compliance with the current iTV-RSN Acceptable Use Policy. The most recent versions of all iTV-RSN agreements and policies may be found at www.iTVRSN.com. This Agreement governs both the Service and any iTV-RSN-provided equipment, such as an IP connection device, used in conjunction with the Service.

2. SERVICE PLAN

You are purchasing the Service for an initial term per the Service Plan that You choose when You place Your initial order (Initial Term). The description of Plans and associated charges are available at www.iTVRSN.com. If You choose a month-to-month Plan, You agree to pay for Services each month, until the Service is cancelled in accordance with this Agreement. If You choose a pre-paid Plan, You agree to pay for the Service Fees for the term of the Service Plan and Equipment charges prior to activation of Service; at the end of the pre-paid Plan, Your subscription will automatically convert to a month-to-month Service Plan. iTV-RSN reserves the right to substitute programming or channels with comparable content at any time, but will make reasonable efforts to notify You of such changes.

3. TERM AND TERMINATION

Your Service Plan begins on the day we activate your Service. You may cancel your Service Plan within the first 30 days of Service under our Return Policy described in Section 10 below.

If You have a month-to-month Service Plan, You may cancel your Service Plan after the first 30 days of Service at any time, subject to your payment of fees and other charges for Service through the end of your billing cycle.

If You have a pre-paid Service Plan, You may cancel Your Service after the first 30 days of Service at any time, subject to your payment of an early termination fee (Early Termination Fee) in an amount that is the total of: a) the number of months of Service prior to cancellation times the standard rate for month-to-month Service; and b) an administrative fee of $49.99. We will refund to You the balance of Your account (less the Early Termination Fee and any other unpaid charges such as video-on-demand and taxes) within thirty days of the end of your billing cycle. The Early Termination Fee is not a penalty, but rather a charge to compensate us for your failure to satisfy the Service Plan on which your rate plan is based. AFTER YOUR PREPAID SERVICE PLAN ENDS, THIS AGREEMENT SHALL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS.

YOUR RIGHT TO CANCEL IS SUBJEC TO THE CANCELLATION PROCESS DESCRIBED IN SECTION 10 BELOW.

We may cancel your Service Plan if you fail to pay us per this Agreement and your Service Plan or You otherwise materially breach this Agreement, in which case You agree to immediately pay all Service fees and other charges incurred and unpaid through the cancellation date.

4. ACCOUNT REQUIREMENTS

In order to order and receive the Service, You must be at least 18 years old and must provide a valid credit card or other form of payment. The Service is for personal use only. You are responsible for providing a broadband Internet connection to use the Service (with a minimum of 1.5 megabits per second; the Service is optimized at 3.0 megabits per second) and for any costs associated with the computer network, if any, used to access the Service. You are responsible for charges for the Service regardless of the status of other underlying power or phone services.

5. THE SERVICE

The Service consists of the delivery of certain digital television programming, delivered to Your home television via a broadband Internet connection. You must use iTV-RSN-provided Equipment for the Service and You are responsible for the equipment and service for the broadband Internet connection portion to connect to the Service. From time to time, iTV-RSN may impose reasonable rules and regulations regarding the use of the Services. Certain minimum requirements for the broadband Internet connection apply (and are available at www.iTVRSN.com).

The Service shall be used only in qualifying areas of the United States and Canada. The Service is for residential purposes only. This is not a business service. You shall not resell or transfer the Service or the Equipment to another party without the prior written consent of iTV-RSN. iTV-RSN reserves the right to immediately terminate or modify Your Service if we determine, in our sole and absolute discretion, that Your use of the Service or the Equipment is, or at any time was, inconsistent with normal fixed residential usage patterns or for any other reason. You shall use the Service and the Equipment only for lawful purposes.

Due to licensing restrictions, We are not permitted to transmit certain individual television programs (Restricted Programs) in the United States and Canada; in such case, we may substitute Restricted Programs with other programming at Our discretion at no extra charge. We shall not be responsible for programming or scheduling changes made by the television programming content providers. The Service quality can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of iTV-RSN. iTV-RSN does NOT guarantee video and audio quality or upload or download speeds and Your sole remedy is to cancel the Service.

6. INSTALLATION.

The Service includes equipment provided by iTV-RSN (the Equipment). The improper installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to Your computer, television, or home network. iTV-RSN and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of Your computer hardware, television sets, software, files, data, or peripherals.

If You are unable to perform self-installation, iTV-RSN may suggest an outside vendor to help install the Service as the Service may require professional installation of the Equipment inside Your home. You are also responsible for all inside wiring repair necessary to install the Service. If You are not the owner of the premises, You warrant that You have obtained the consent of the owner for vendor personnel and/or its agents to enter the premises for installation. You shall indemnify and hold iTV-RSN harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement.

You will be responsible for all costs and scheduling associated with the installation by an outside vendor or other third party.

ITV-RSN DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR AN OUTSIDE VENDOR OR OTHER THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, ITV-RSN SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION.THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.

7. SUPPORT

iTV-RSN shall make available telephone support between the hours of 9 AM and 8 PM, Eastern Standard Time, Monday through Friday, at the Customer Support phone number listed below in Section 14. iTV-RSN shall also provide email support during those same hours at the email address listed below in Section 14.

8. TECHNICAL SUPPORT

Due to the wide range of hardware and software configurations and compatibility, it may not be possible for iTV-RSN to provide technical support for Your current set of products. In certain circumstances, it may be necessary to refer You to the manufacturer of Your hardware, Your Internet access provider, or software vendor for technical support of their products.

9. CHARGES AND PAYMENT

Depending on Your Service Plan, We will bill You for the initial Equipment Fee when You place Your order as follows:

a) If You choose a pre-paid Service Plan, We will also bill You for the entire Service Fee for the term of the pre-paid Service Plan when You place Your order. If You order a special feature Service (for example, a movie or live sport events), We will charge your credit card on file (or debit a credit balance You have with us);

b) If You choose a month-to-month, We will bill You for the monthly service fee, on a monthly basis, at the beginning of the billing cycle (your first bill will also include the pro-rated Service fee if Your Service starts in the middle of the billing cycle). If You order special feature Services (for example, a movie or live sport events), We will include the charges in the monthly bill.

Some services may also include charges for hardware, activation, collection costs for delinquent fees, charges for insufficient funds, return items, chargebacks, reactivation fees, and early cancellation fees. iTV-RSN may offer, from time to time, certain promotions with different terms, activation fees, and monthly charges.

You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information to iTV-RSN immediately. You agree to pay all taxes, surcharges, and fees set by the government. We may not always give advance notice of changes to these items. When You provide iTV-RSN with Your credit card information, You authorize iTV-RSN to automatically charge Your credit card on a monthly basis to pay Your account in full each month. If you provide iTV-RSN with Your debit information, You authorize iTV-RSN to automatically debit Your bank account on a monthly basis to pay Your account in full each month.

You are responsible for any charges to Your account. Questions regarding charges to Your account should be directed to Customer Service at the phone number listed in Section 14. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are disputed more than thirty days after the billing date.

Charges may be billed to Your credit card, debit card or bank account via electronic debit through ACH, as applicable, each month for the Service as well as any additional usage, services, taxes and fees. iTV-RSN is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by iTV-RSN. You agree to maintain valid and current credit card, debit card and/or bank account information on file with iTV-RSN at all times. For certain legacy customers, if payment by check was approved at the time the customer requested the Services, then payments by check must be received by iTV-RSN within 15 days from the billing date.

iTV-RSN reserves the right to change prices of the Service upon 30 days notice; however, Your price is guaranteed during the term of a pre-paid Plan. iTV-RSN reserves the right to change features of the Service at any time. Current Service prices and features may be obtained by visiting our Website or calling Customer Service at the phone number listed in Section 14.

10. NO-HASSLE RETURN POLICY AND CANCELLATION

If You are not happy with the Service, You may cancel Your Service and return the Equipment to iTV-RSN for a refund of the Equipment fee (but not the Service Fee) any time within 30 days of Your Service activation date (Try-out Period). To initiate this return policy, call Customer Service (at the phone number listed in Section 14) within the Try-out Period. Instructions for returning the Equipment (Return Policy) are available at www.iTVRSN.com. You must return the Equipment in undamaged and good working condition to iTV-RSN within the deadline in the Return Policy in order to be entitled to your Equipment Fee refund. At the time of the refund, iTV-RSN reserves the right to set-off any unpaid Service fees against the refund amount. Except in certain cases in iTV-RSNs sole discretion (e.g., improperly invoiced charges), iTV-RSN will not refund any fees after 30 days from Your Service activation date as determined by iTV-RSN.

After the Try-out Period, You may cancel Service at any time if You are on a month-to-month Service Plan; otherwise, You may cancel your Pre-paid Service Plan with at least 30 days notice prior to the expiration of the term of your Pre-paid Service Plan. You will be responsible for any unbilled charges and the Early Termination Fee (if any required by Your Service Plan) all of which will immediately become due and payable. Expiration of the term or termination of Service will not excuse You from paying all accrued and unpaid charges due under this Agreement.

iTV-RSN will accept Service cancellation only by phone, fax or U.S. Mail as described in Section 14 below. We do NOT accept cancellations by email. Cancellation will be effective at the end of the billing cycle after the notice of cancellation is received and processed by iTV-RSN. You will be issued a confirmation number as Your only proof of cancellation. We do not grant refunds or credits for any prior use including partial use during the last month of cancellation. If You do cancel by one of the prescribed methods and are mistakenly billed again, we will refund any erroneous charges upon proof of cancellation.

If You are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, Your sole remedy is to discontinue using the Service and to cancel Your account in accordance with the terms of this Agreement.

iTV-RSN may terminate this Agreement, Your account, or Your use of the Services for any reason, including, without limitation, if iTV-RSN, in its sole discretion, believes You have violated this Agreement, violated the iTV-RSN Acceptable Use Policy or if You fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address You provided for the Service. iTV-RSN reserves the right to collect interest on overdue accounts at the rate of one and one half percent (1.5%) per month or the amount allowable by applicable law, whichever is less.

11. RETURNED EQUIPMENT

The process for returning Equipment to iTV-RSN is available at www.iTVRSN.com, including details about:
1. Obtaining a return authorization number from iTV-RSN Customer Service prior to sending Equipment;
2. Packing and shipping Equipment, including all accessories (Customer is responsible for the return shipping costs); and
3. Equipment must be returned in undamaged and in good working condition. You may be responsible for the cost to repair or replace any Equipment returned in less than good working condition.

12. MONITORING THE SERVICES

iTV-RSN has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if iTV-RSN, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself, its employees, its customers or others. See our Privacy Policy. iTV-RSN may immediately remove Your information from iTV-RSNs servers, in whole or in part, which iTV-RSN, in its sole and absolute discretion, determines to infringe anothers property rights or to violate our Acceptable Use Policy or other policies or laws.

13. WARRANTIES AND DISCLAIMERS

CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH ITV-RSN TO YOU AT NO ADDITIONAL CHARGE. ITV-RSN WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASSTHROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE INITIAL TERM, ITV-RSN OR ITS AGENT MAY REPAIR OR REPLACE DEFECTIVE HARDWARE WITH NEW OR RE-CONDITIONED EQUIPMENT ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES.

THIS EQUIPMENT WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF ITV-RSN'S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN ITV-RSN OR ITS CONTRACTOR. ITV-RSN RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. ITV-RSN WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF ITV-RSN'S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.

THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. ITV-RSN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED. ITV-RSN MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH ITV-RSN OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY ITV-RSN OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. ITV-RSN AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, ITV-RSN'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE SIX MONTHS IMMEDIATELY PRECEDING A CLAIM.

ITV-RSN SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES;THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF ITV-RSN, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ITV-RSN IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

14. JURISDICTION

This Agreement is governed by Georgia law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by Maryland law and will be held in Rockville , MD. The arbitrator will be an expert in the field of Internet services. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this Agreement.

15. MISCELLANEOUS

This Agreement, the Acceptable Use Policy, Privacy Policy, and policies and applicable plan posted on iTV-RSN's website constitute the entire agreement between You and iTV-RSN with respect to Your use of the Service. iTV-RSN may revise, amend, or modify the Agreement and policies at any time and in any manner. Notice of any revision, amendment, or modification will be posted on iTV-RSN's website: (www.iTVRSN.com) and/or on Your start pages and/or by email and/or in our various publications and mailings to You. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of iTV-RSN.

You may not assign Your rights or delegate any of Your duties under this Agreement without the prior written consent of iTV-RSN, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. iTV-RSN will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of iTV-RSN as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. iTV-RSN may subcontract any work, obligations or other performance required of iTV-RSN under this Agreement without Your consent.

You shall indemnify and hold iTV-RSN harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that iTV-RSN may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement, the Acceptable Use Policy, and iTV-RSN's other agreements and policies and for any act or omission of You that are in any way related to the iTV-RSN Service.

16. TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT

PLEASE READ THESE TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT (`AGREEMENT`) CAREFULLY BEFORE USING YOUR RSN PRODUCT. FOR THE PURPOSES OF THIS AGREEMENT, `RSN PRODUCT` IS THE STB AND THE `ACCESSORIES` ARE THE CABLES, POWER ADAPTOR, REMOTE CONTROL THAT CAME WITH THE RSN PRODUCT. THIS AGREEMENT IS THE LEGAL AGREEMENT BETWEEN YOU AND RSN LLC. (“RSN”) GOVERNING YOUR USE OF THE RSN PRODUCT, THE SOFTWARE THAT CAME INSTALLED ON THE RSN PRODUCT AND ANY UPDATES, UPGRADES, BUG FIXES OR MODIFIED VERSIONS THERETO (“SOFTWARE”) AND RELATED DOCUMENTATION. BY USING YOUR RSN 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 RSN PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU HAVE NOT USED THE RSN PRODUCT AND ARE THE ORIGINAL END USER PURCHASER OF THE RSN PRODUCT, YOU MAY RETURN THE UNUSED AND UNDAMAGED RSN 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 RSN FOR A REFUND ACCORDING TO THE REFUND POLICY STATED BELOW.

License

(a) Subject to the terms of this Agreement, RSN grants you a nonexclusive, nontransferable right to use the Software solely on a single RSN 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. RSN retains ownership of all copies of the Software, and RSN reserves all rights not expressly granted to you. The rights granted herein are limited to RSN`s intellectual property rights in the Software and do not include any other patents or intellectual property rights. Except as and only to the extent expressly permitted in this Agreement or by applicable law, you may not copy, decompile, reverse engineer, disassemble, 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 RSN and its licensors.

Consent to Use of Data

You agree that RSN 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.

Service Terms of Use

The Software may enable access to RSN`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.

Refund Policy

If you are the original purchaser of the RSN Product and you are not satisfied with the RSN Product, you may call at 1 888 448 8776 for a Return Material Authorization (RMA) request. If RSN Customer Support then confirms that the RSN Product is returnable and provides you with an RMA number, you may send the RSN Product back to RSN’s designated location, with shipping prepaid by you, undamaged and in the original unopened packaging, including all Accessories, manuals, documentation and registration that shipped with the RSN Product, within thirty (30) days of purchase, and you may receive a refund of your product purchase price including any sales tax and excluding any costs of shipment and handling. However, if you fail to return the RSN Product within such 30-day period, you are not eligible for a refund. RSN will assess a 10% restocking fee on any opened packaging.

Warranty Statement

Limited Warranty. RSN warrants to you that, for a period of 12 months from the date of the purchase by the original end-user purchaser (the `Warranty Period`), your RSN Product and the Accessories will be substantially free of hardware defects in materials and workmanship under normal use. Your exclusive remedy and RSN`s entire liability under this warranty will be for RSN 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 RSN Support as set forth on www.itvrsn.com in order to obtain a Return Material Authorization (RMA) number, if applicable. BE SURE TO HAVE YOUR PROOF OF PURCHASE ON HAND WHEN CALLING. RETURN REQUESTS CANNOT BE PROCESSED WITHOUT PROOF OF PURCHASE. If you are requested to return the Product, mark the RMA number clearly on the outside of the package and include a copy of your original proof of purchase. You are responsible for shipping defective product to RSN. RSN pays for shipping from RSN 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-RSN 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 RSN; (d) if the product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by RSN; (e) to a product or part that has been modified, except by RSN; (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 RSN 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 RSN, ITS SUPPLIERS AND LICENSORS. RSN 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 RSN, 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 RSN 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 RSN, 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.

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 Maryland, 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 RSN. 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.

17. CONTACT INFORMATION FOR iTV-RSN

Customer Service:
Phone: 1 888 448 8776 - 1 888 4iTV RSN
Fax: 1 301 881 6043
Email: support@iTVRSN.com
Mailing address for returns:
NeuLion Inc.
1600 Old Country Rd, Suite 101
Plainview, New York, USA
11803
Mailing address for all other notices:
iTV-RSN, LLC
11400 Rockville Pike
Rockville , MD 20852