LEGAL GUARANTEE OF CONFORMITY FOR SUBSCRIPTIONS INCLUDING A DIGITAL SERVICE OR CONTENT

You are entitled to the implementation of the legal guarantee of conformity in the event of a lack of conformity during the subscription period. During this period, You are only required to establish the existence of the lack of conformity and not the date on which it appeared.

The legal guarantee of conformity entails the obligation to provide all the updates necessary to maintain the conformity of the digital content or the digital service during the subscription period.

The legal guarantee of conformity entitles You to the compliance of the digital content or the digital service without undue delay following Your request, free of charge and without major inconvenience to You.

You may obtain a reduction in the price by retaining the Digital Content or Digital Service, or You may terminate the Agreement by obtaining a full refund against waiving the Digital Content or Digital Service, if:

1° NETGEAR refuses to bring the Digital Content or Digital Service into compliance;

2° The compliance of the digital content or digital service is unjustifiably delayed;

3° The digital content or digital service cannot be brought into compliance without fees being imposed on you;

4° The compliance of the digital content or the digital service causes You a major inconvenience;

5° The non-compliance of the digital content or the digital service persists despite NETGEAR's unsuccessful attempt to bring it into compliance.

You are also entitled to a price reduction or termination of the contract if the lack of conformity is so serious that it justifies the price reduction or the termination of the contract immediately. You are not required to request compliance of the digital content or digital service in advance.

In cases where the lack of conformity is minor, You are only entitled to the cancellation of the contract if the contract does not provide for the payment of a price.

Any period of unavailability of the digital content or digital service with a view to bringing it back into conformity suspends the guarantee that remained to run until the digital content or digital service is brought back into compliance.

These rights result from the application of Articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.

If NETGEAR obstructs the implementation of the legal guarantee of conformity in bad faith, NETGEAR will incur a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 242-18-1 of the Consumer Code).

You also benefit from the legal warranty against hidden defects pursuant to articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if the digital content or digital service is retained, or to a full refund against forfeiture of the digital content or digital service.

For residents of France,

If Your subscription relates to a digital service or content within the meaning of the introductory article of the Consumer Code, as stated in the applicable additional subscription conditions, as a consumer, the legal provisions relating to Your rights in the event of lack of conformity shall apply. In particular, You benefit from the legal guarantee of conformity in accordance with Articles L. 224-25-12 et seq. of the Consumer Code.

(a) In accordance with Article L. 224-25-16 of the French Consumer Code, the legal guarantee of conformity does not cover defects due to the incompatibility between the software and Your digital environment. You acknowledge that in the event of a defect, You will cooperate with NETGEAR in determining the inconsistency is the cause of the failure to conform. If You refuse to cooperate, You will be responsible for proving that NETGEAR is responsible for the lack of conformity.

(b) NETGEAR may update the software, including to ensure the security of the software or to improve the user experience. For these reasons, NETGEAR may occasionally require, unless you install automatically, that you update the software to a newer version. Some updates are not necessary to maintain compliance but are intended to improve the software.

(c) Pursuant to Article L. 224-25-25 of the French Consumer Code, if You do not install the updates that NETGEAR offers within a reasonable period of time, NETGEAR will not be liable for any non-compliance resulting solely from the failure to install the relevant updates provided that (i) NETGEAR has informed You of the availability of the updates and the consequences of their non-installation and (ii) Your non-installation or installation.

(d) Where updates are not necessary to maintain the compliance of the software, they will be notified to You reasonably in advance by email and You will have the opportunity to refuse or uninstall the update if it adversely affects your subscription.