Firmware Download Additional Terms

These Firmware Download Additional Terms (these “Firmware Terms”) are Additional Terms under the BoxCast Terms of Use (the “Terms of Use”) and apply to your access to, download, installation, and use of any firmware, software, update, patch, release, file, package, documentation, release notes, or related materials made available through or linked from the BoxCast website, services, or firmware archive (collectively, “Firmware”). Capitalized terms used but not defined in these Firmware Terms have the meanings given to them in the Terms of Use. By selecting “I Agree,” “I Agree & Download,” or any similar button or checkbox, or by downloading, installing, copying, accessing, or using any Firmware, you agree to be bound by these Firmware Terms on behalf of yourself and the entity for which you are acting. If you do not agree to these Firmware Terms, do not download, install, copy, access, or use the Firmware.

Authority to Bind Customer

You represent and warrant that you are authorized to bind the company, organization, or other legal entity on whose behalf you are accessing or downloading the Firmware, and that such entity is responsible for your access to, download, installation, and use of the Firmware and for compliance with these Firmware Terms and all applicable manufacturer, licensor, or firmware provider terms.

Third-Party Product Status

The Firmware is a Third-Party Product for purposes of the Terms of Use. The Firmware is provided by, owned by, licensed by, or otherwise made available under terms established by the applicable manufacturer, licensor, or firmware provider (each, a “Firmware Provider”), and may be subject to separate license terms, notices, restrictions, conditions, limitations, and flow-through provisions established by the applicable Firmware Provider. BoxCast does not grant you any rights in the Firmware except to the extent expressly stated in these Firmware Terms or another written agreement signed by BoxCast.

Firmware Provider Terms

Before downloading, installing, copying, accessing, or using any Firmware, you must review and agree to the license terms, notices, restrictions, and other requirements made available by the applicable Firmware Provider for that specific Firmware. By downloading, installing, copying, accessing, or using the Firmware, you represent and warrant that you have reviewed and agree to comply with all such Firmware Provider terms. If you do not agree to the applicable Firmware Provider terms, or if the applicable Firmware Provider terms do not permit your intended download, installation, copying, access, or use of the Firmware, you must not download, install, copy, access, or use the Firmware.

No Affiliation or Endorsement

Unless BoxCast expressly states otherwise in writing, BoxCast is not affiliated with, endorsed by, sponsored by, authorized by, or acting on behalf of any Firmware Provider. Any reference to a Firmware Provider, product name, model number, trademark, service mark, trade name, logo, or other identifier is provided solely to identify the applicable Firmware or hardware with which the Firmware may be associated. All such names, marks, and identifiers are the property of their respective owners.

Customer Responsibility

You are solely responsible for selecting the correct Firmware, confirming that the Firmware is appropriate and compatible for your hardware, software, network, operating environment, device configuration, and intended use, and determining whether the Firmware is current, complete, and suitable for your needs. You are solely responsible for reviewing all release notes, installation instructions, warnings, known issues, dependencies, rollback instructions, and Firmware Provider terms before installing or using the Firmware. You are solely responsible for backing up data, configurations, and settings; maintaining recovery and rollback procedures; testing the Firmware in a non-production or otherwise appropriate environment before production use; and determining whether installation or use of the Firmware may affect your devices, systems, operations, data, security, warranties, support rights, or contractual obligations.

Compliance With Laws and Restrictions

You are solely responsible for complying with all applicable laws, regulations, rules, restrictions, and third-party rights relating to your download, installation, copying, access, use, export, re-export, transfer, redistribution, modification, or other handling of the Firmware. Without limiting the foregoing, you may not download, install, copy, access, use, export, re-export, transfer, redistribute, modify, or otherwise handle the Firmware in violation of any applicable export-control, sanctions, import, technology-transfer, cybersecurity, intellectual property, privacy, or other laws, or in violation of any Firmware Provider terms.

No Redistribution or Modification

You may not copy, reproduce, mirror, host, distribute, redistribute, sublicense, sell, lease, transfer, publish, disclose, modify, reverse engineer, decompile, disassemble, create derivative works from, or otherwise exploit the Firmware except to the extent expressly permitted by the applicable Firmware Provider terms and applicable law. You are responsible for ensuring that any use of the Firmware by your employees, contractors, agents, representatives, or other authorized users complies with these Firmware Terms and the applicable Firmware Provider terms.

Firmware Provided “As Is”

The Firmware is provided “as is” and “as available,” with all faults and without warranties of any kind. To the maximum extent permitted by applicable law, BoxCast disclaims all warranties, representations, and conditions relating to the Firmware, whether express, implied, statutory, contractual, or otherwise, including any warranties of title, non-infringement, merchantability, fitness for a particular purpose, compatibility, interoperability, accuracy, completeness, availability, uninterrupted operation, error-free operation, security, absence of vulnerabilities, absence of viruses or other harmful code, support, maintenance, or continued availability. BoxCast does not warrant that any Firmware will function with any particular hardware, software, system, configuration, network, environment, or use case, or that any Firmware will correct any issue, maintain device uptime, prevent service interruptions, or improve device or system performance.

Security and Operational Risk

You acknowledge that Firmware installation may affect device functionality, security, performance, settings, data, integrations, warranties, service availability, and support rights. You are responsible for implementing appropriate security controls, validating the integrity and source of downloaded files, maintaining backups, preserving recovery options, and determining whether and when to deploy Firmware. BoxCast is not responsible for any loss, damage, downtime, data loss, configuration loss, security incident, vulnerability, incompatibility, device failure, device impairment, or other issue arising from or relating to your download, installation, use, misuse, modification, or inability to use the Firmware.

Indemnification

You will defend, indemnify, and hold harmless BoxCast and its affiliates, officers, directors, employees, agents, service providers, licensors, successors, and assigns from and against all third-party claims, demands, actions, investigations, proceedings, liabilities, losses, damages, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (i) your download, installation, copying, access, use, misuse, modification, export, re-export, transfer, redistribution, or other handling of the Firmware; (ii) your breach of these Firmware Terms, the Terms of Use, any applicable Firmware Provider terms, or applicable law; (iii) your failure to select the correct Firmware, confirm compatibility, maintain backups, test before production use, follow installation instructions, maintain rollback procedures, or implement appropriate security controls; (iv) any allegation that your download, installation, copying, access, use, modification, export, re-export, transfer, redistribution, or other handling of the Firmware infringes, misappropriates, or violates any intellectual property, proprietary, privacy, contractual, or other right of any third party; (v) or any use of the Firmware by your employees, contractors, agents, representatives, or other authorized users.

The indemnification obligations in these Firmware Terms do not apply to the extent a claim is finally determined by a court of competent jurisdiction to have resulted solely from BoxCast’s gross negligence, willful misconduct, or unauthorized reproduction or distribution of Firmware by BoxCast that was not caused by you, your authorized users, or your breach of these Firmware Terms, the Terms of Use, any applicable Firmware Provider terms, or applicable law.

Limitation of Liability

To the maximum extent permitted by applicable law, BoxCast and its affiliates, licensors, service providers, employees, agents, officers, and directors will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, or for any lost profits, lost revenue, loss of business, loss of anticipated savings, loss of use, loss of goodwill, loss of data, device downtime, business interruption, cost of substitute goods or services, security incident, system impairment, or device failure, arising out of or relating to the Firmware or these Firmware Terms, whether based in contract, tort, negligence, strict liability, statute, or any other legal theory, even if such damages were foreseeable or BoxCast was advised of the possibility of such damages.

To the maximum extent permitted by applicable law, BoxCast’s aggregate liability arising out of or relating to the Firmware or these Firmware Terms will not exceed the greater of the amount expressly stated in the Terms of Use or the amount, if any, paid by you to BoxCast specifically for access to the particular Firmware giving rise to the claim. If BoxCast and you have entered into a separate written agreement that expressly sets a different liability cap for Firmware-related claims, that express written cap will apply solely to the extent stated in that agreement.

Removal, Suspension, and Changes

BoxCast may remove, disable access to, suspend availability of, replace, update, or discontinue any Firmware or firmware archive feature at any time, with or without notice, including if BoxCast believes that the Firmware may be outdated, inaccurate, insecure, incompatible, unauthorized, infringing, subject to a third-party claim, subject to a Firmware Provider request, or otherwise likely to create legal, security, operational, or support risk. BoxCast has no obligation to maintain, update, support, or continue making available any Firmware.

Conflict With Terms of Use

These Firmware Terms supplement the Terms of Use. In the event of a conflict between these Firmware Terms and the Terms of Use with respect to the Firmware, these Firmware Terms will control solely with respect to the Firmware. All provisions of the Terms of Use not expressly modified by these Firmware Terms remain in full force and effect.