Netgear ProSupport Installation Manual

Acceptance of Terms and Conditions

By subscribing or registering with NETGEAR ProSupport for Home, comprised of (1)
Extended Warranty (2) Extended Warranty and Support, and (3) NETGEAR GearHead for
Home Services (collectively, “NETGEAR ProSupport for Home”), You have read and accepted
the Terms and Conditions covering the NETGEAR ProSupport for Home. These Terms and
Conditions are between you (“You” or “Your”) and NETGEAR, Inc., its subsidiaries and
affiliates (collectively, “NETGEAR”). NETGEAR may, at its own discretion and without prior
notice, make changes to these Terms and Conditions. If You decide to continue using
NETGEAR ProSupport for Home, Your use indicates that You have read, accepted and agreed
to the revised Terms and Conditions.

Description of NETGEAR PROSUPPORT FOR HOME

NETGEAR ProSupport for Home offers the following warranty and support options for a
period specified when You purchase the service:

Extended Warranty

Extended Warranty extends the Limited Hardware Warranty for a supported and new
NETGEAR product for which You purchase the Extended Warranty. You must purchase
Extended Warranty within 90 (ninety) days from the date of Your purchase of a supported and
new NETGEAR product. While a supported and new NETGEAR product is under warranty,
NETGEAR will repair or replace Your product with the same or functionally equivalent product
free of charge.

Extended Warranty and Support

Extended Warranty and Support extends Limited Hardware Warranty and Support for a
supported and new NETGEAR product for which You purchase the Extended Warranty and
Support. You must purchase the Extended Warranty and Support within 90 (ninety) days
from the date of Your purchase of a supported and new NETGEAR product. While a
supported and new NETGEAR product is under warranty, NETGEAR will repair or replace
Your product with the same or functionally equivalent product free of charge. The Extended
Warranty and Support will also entitle You to technical support free of charge by contacting
NETGEAR support.

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NETGEAR GearHead for Home Services

NETGEAR GearHead for Home Services provides remote support for specific computers,
peripherals, software, and any other computer-related product described in the section titled
“Products Supported” below.

A subscription to NETGEAR GearHead for Home Services covers computers designated
under Your NETGEAR account. The subscription covers up to three (3) computers in a home,
unless You pay for additional computers to be covered under the same subscription. You may
request for additional computer support by contacting NETGEAR support, as described
below.

Contacting NETGEAR Support

You may obtain technical support from NETGEAR Technical Support Engineers (TSEs).
NETGEAR only offers remote technical support. Onsite service is not included in the
NETGEAR offerings.

NETGEAR offers You the option of Remote Computer Control, where a TSE may, with Your
permission, take over Your computer from the TSE’s remote location. By accepting these
Terms and Conditions, You acknowledge that You are aware that You will, on occasion, be
offered the Remote Computer Control option. NETGEAR TSEs are not allowed to use Remote
Computer Control without Your explicit consent.

NETGEAR will use reasonable effort to provide You with technical support, for as long as Your
account is current and not in arrears. NETGEAR reserves the right to refuse service to anyone.

Bundled Products/Services from Third Parties

NETGEAR may provide products and services from third parties as part of NETGEAR ProSupport for
Home. These third party products and services are covered by their respective publishers/owners.
NETGEAR does not guarantee the usability or merchantability of such services. You acknowledge that
NETGEAR is providing these products and services as a potential benefit to You.

No Assurance of Problem Resolution

NETGEAR will use reasonable effort to resolve Your problem. However, the complexity of technology
will inevitably result in NETGEAR being unable to resolve certain customer problems. You
acknowledge that You are aware of this limitation, and by subscribing to NETGEAR ProSupport for
Home, You have indicated acceptance of the No Assurance of Problem Resolution section of these

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Terms and Conditions. Notwithstanding such limitation, NETGEAR does not guarantee problem
resolution to every customer problem. NETGEAR will only exercise reasonable effort to resolve Your
technical problem.

Products Supported

Extended Warranty only covers a supported and new NETGEAR product for which you purchase
Extended Warranty.

Extended Warranty and Support only covers a supported and new NETGEAR product for which You
purchase the Extended Warranty and Support.

For NETGEAR GearHead for Home Services customers, NETGEAR provides technical support for
popular computers, peripherals, and software. The general description of the products supported
may be found on the NETGEAR website:

http://gearhead.netgear.com/products_supported.html

You acknowledge that due to the rapidly changing nature of technology, NETGEAR cannot be held
responsible for supporting every computer-related product in the market. NETGEAR will attempt to
indicate which products or product lines are supported on its web site. NETGEAR may, at its own sole
discretion, decide to provide technical support for a product not listed on the web site. In this case,
NETGEAR warrants support only for the specific problem instance and does not warrant that it will
continue to support such unlisted product beyond the single specific instance described above.

Disclaimer

NETGEAR does not warrant that the service is free of errors or mistakes. NETGEAR does not warrant
or represent that defects or limitations in the service will be corrected. Nor does NETGEAR warrant or
represent that the service shall be available continuously. Certain extenuating circumstances may
cause the service to be interrupted. NETGEAR provides no remedies for such service interruptions.
Data loss during service is always a possibility, and in some cases, data may be unrecoverable, erased,
or reformatted during service. NETGEAR is not responsible for loss, recovery, or compromise of data,
software or programs, or loss of use of Your product or other equipment arising out of the service. In
addition, NETGEAR provides no remedies for any loss of data resulting from use of the service. By
subscribing to the service, You acknowledge that You accept these disclaimers.

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Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETGEAR WILL UNDER NO CIRCUMSTANCES BE
LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING
FROM SERVICES PROVIDED OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED
TO LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF
PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS
OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF,
DAMAGE TO, OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERING, PROGRAMMING, OR
RESTORING ANY PROGRAM OR DATA STORED OR USED WITH YOUR PRODUCT AND ANY FAILURE
TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON YOUR PRODUCT. THE FOREGOING
LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. You agree to indemnify,

hold harmless, and release NETGEAR from any damages, attorney’s fees, and costs resulting from use

of the service. You expressly acknowledge and agree that the entire liability of NETGEAR under any
circumstances shall in no event exceed the amount paid by You for NETGEAR ProSupport for Home,
regardless of the cause or whether You were made aware of such limitation. THE REMEDIES SET
FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY NETGEAR
UNDER THESE TERMS AND CONDITIONS.

Ownership Rights

NETGEAR owns all rights to the service and associated material, including the NETGEAR web site. Any
unauthorized use of NETGEAR property is a violation of NETGEAR intellectual property rights.

Governing Law; Consent to Jurisdiction; Recovery of Attorney’s Fees

Any disputes arising in connection with these Terms and Conditions will be governed by the laws of
the State of California, USA. You and NETGEAR each hereby irrevocably (a) agrees that any suit, action
or other legal proceeding arising from or relating to these Terms and Conditions shall be brought in
a court of competent jurisdiction in Santa Clara County, California, which court shall have exclusive
jurisdiction over any controversy arising from or related to these Terms and Conditions; (b) consents
to the jurisdiction of such court in any such suit, action or proceeding; and (c) waives any objection it
may have to the laying of venue of any such suit, action or proceeding in such court and waives any
claim that any such suit, action or proceeding has been brought in an inconvenient forum. Service of
process in any suit, action or proceeding may be made in any manner permitted by law. You further
agree to waive the right to a jury trial, and agree that all disputes will be resolved by a judge. You

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agree that NETGEAR may recover its attorney’s fees in the event that You challenge the consent to
jurisdiction specified herein.

Privacy Policy

NETGEAR has a strict privacy policy with respect to Your personal data, which may be found at

http://www.netgear.com/about/privacy-policy/. Your data is kept in strict confidence by NETGEAR,

and is not disclosed to any third party without Your consent.

Termination or Suspension of Service

Your breach of these Terms and Conditions shall result in the termination or suspension of Your
subscription and associated service. NETGEAR shall exercise its right to terminate or suspend service
solely at its own discretion, without consulting You. NETGEAR shall incur no liability resulting from
terminating or suspending service upon breach by You.

Refunds Policy for NETGEAR ProSupport for Home Services

Note: Pay per-incident services are NOT refundable. A NETGEAR ProSupport for Home Services
subscriber, who has not used the entitled services, may choose to unsubscribe the plan and receive a
full refund within the first ten (10) business days of the subscription. If the services have been used,
NETGEAR will deduct an amount proportional to the usage (number of incidents multiplied by the
ongoing pay per-incident rate) and refund the balance amount.

After ten (10) business days, the subscription is NOT refundable.

NETGEAR refund policy is subject to change and the latest policy in effect will be applicable.

To cancel Your subscription, call 1-888-615-3488. The contract becomes inactive once the request for
refund is processed.

FOR OUR AUSTRALIAN CUSTOMERS: PLEASE NOTE, NETGEAR PROSUPPORT FOR HOME IS IN
ADDITION TO ANY STATUTORY RIGHTS IN AUSTRALIA IN RELATION TO YOUR GOODS WHICH,
PURSUANT TO THE AUSTRALIAN CONSUMER LAW, CANNOT BE EXCLUDED. Our goods come with
guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a
replacement or refund for a major failure and compensation for any other reasonably foreseeable loss
or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of
acceptable quality and the failure does not amount to a major failure.

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For standard NETGEAR warranty support in Australia please call: 1 300 361 254. If you have a return
authorization number given to you by NETGEAR technical support, please send your product to the
following address:

BRIGHTSTAR LOGISTICS PTY LTD.

Attn: Netgear Returns

Door 7, 11-13 ASH ROAD,

PRESTONS,

NSW 2170

For standard NETGEAR warranty support in the United Stated, please contact:

NETGEAR, Inc.

350 E. Plumeria Dr.

San Jose, CA 95134

Source:

http://www.netgear.com/images/pdf/prosupport-TC.pdf

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