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WESTERN DIGITAL REMOTE ACCESS SERVICES AGREEMENT

PLEASE READ – IMPORTANT INFORMATION

Your use of the Western Digital Technologies, Inc., Remote Access Services is expressly conditioned on your acceptance of the Terms of Use set forth below.

TERMS OF USE: BY CLICKING ON THE “ALLOW ACCESS” BUTTON BELOW, YOU AGREE TO BE BOUND BY THE PROVISIONS OF THE WESTERN DIGITAL REMOTE ACCESS SERVICES AGREEMENT WHICH ARE SET FORTH IN THE SCROLL TEXT BOX BELOW. YOU MAY NOT ACCESS THE SERVICES UNLESS AND UNTIL YOU HAVE READ AND ACCEPTED THE PROVISIONS OF THE AGREEMENT. FOR DETAILS ON OUR PRIVACY POLICY, PLEASE SEE THE FOLLOWING: http://www.wdc.com/en-us/company/corporateinfo/privacy.aspx

IF YOU DO NOT OR CANNOT AGREE TO THE PROVSIONS OF THE AGREEMENT, CLICK THE “DO NOT ALLOW ACCESS” BUTTON BELOW AND QUIT THIS PROGRAM.

IF YOU HAVE READ THE PROVISIONS OF THE AGREEMENT AND AGREE TO BE BOUND BY THEM, CLICK THE “ALLOW ACCESS” BUTTON AND PROCEED.

Western Digital Remote Access Services Agreement

  1. Services. Western Digital Technologies, Inc. (“WD”) and/or its Affiliates will provide the diagnostic, repair and other related services (“Services”) in accordance with the terms and conditions of this Agreement. The Services may be accessed by clicking a link that WD will provide you. After clicking the link, you will be sent to a website hosted by one of WD’s partners, which will allow WD remote access to your computer. You understand and agree that it is your responsibility to back up the data, software, information or other files stored on your computer and/or on other drives or storage products used with your computer in order to prevent the loss or corruption of such data, software, information or files.
  2. Customer’s Responsibility. WD requires you to remain at your computer at all times while WD is accessing your computer. If you leave your computer at any time during a session where WD is accessing your computer, you must immediately notify WD and quit the program so that your session is terminated. You acknowledge and agree that it is your responsibility to install all necessary virus protection software on your computer to avoid the loss or corruption of data or computer files located on your computer or attached drives or storage products resulting from viruses, spyware or similar programs. Your use of any software or program provided by WD or one of its partners in connection with the Services may be subject to additional terms and conditions, including an end user license agreement. As a condition to using the Services, you agree to comply with such terms and conditions, including an end user license agreement, as well as any laws, rules and regulations applicable thereto.
  3. Internet Access. You acknowledge that the Services are provided through access to the Internet. While WD implements reasonable technical safeguards to help protect the security of your data in connection with the Services being provided, WD does not warrant that such Services are being provided risk-free. WD does not warrant the security of your data against unauthorized or unlawful interception or access, and WD is not responsible for any theft, illegal activity or other unauthorized actions that result in damage to you, your computer, data or information stored on your computer or your other property as a result of your use of the Services.
  4. DISCLAIMER OF WARRANTY; LIMITATION OF DAMAGES. YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS AND THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER WD NOR WD’S PARENT, SUBSIDIARIES OR AFFILIATES (“WD PARTIES”) NOR THEIR SUPPLIERS PROVIDING SOME OR ALL OF THE SERVICES HEREUNDER MAKE ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELEATING TO THE USE OR PERFORMANCE OF THE SERVICES.

    NEITHER THE WD PARTIES NOR THEIR SUPPLIERS PROVIDING SOME OR ALL OF THE SERVICES HEREUNDER SHALL BE LIABLE FOR ANY INJURY OR DAMAGE TO YOU OR ANY OTHER PERSON USING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY GENERAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES, ARISING OUT OF YOUR USE OF OR THE PERFORMANCE OF THE SERVICES. THESE DAMAGES INCLUDE LOSS OF DATA, INTERRUPTION OF USE, THE COST OF RECOVERY OF LOST DATA, LOST PROFITS, THE INSTALLATION OF REPLACEMENT PRODUCTS, OR THE COST OF TESTING, INSPECTION OR REPAIR. IN NO EVENT SHALL THE LIABILITY OF THE WD PARTIES OR THEIR SUPPLIERS PROVIDING SOME OR ALL OF THE SERVICES HEREUNDER EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES.
  5. Governing Law. The terms of this Remote Access Services Agreement will be governed and construed in all respects in accordance with the laws of California, without reference to choice of law principles. You agree that any dispute arising out of this Agreement will be instituted in any state or federal court located in the state of California, and you waive any objection which you may have with respect to jurisdiction, venue and forum.