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Copyright © Lucunculus BV 2014. All rights reserved.
1 LICENSE Subject to the terms below, Licensor grants you, under this Agreement, a limited, non-exclusive, non-transferable license (without the right to sublicense except as set forth below) to use the APP on your handheld and/or mobile device, for your internal personal or commercial purposes. All rights of any kind in the APP and all other rights of Licensor, which are not expressly granted in this Agreement, are entirely and exclusively reserved to the Licensor
2 LIMITATIONS OF USE You may not:
3 PASSWORD AND ACCESS The Licensor will provide you with a Product ID Code (UID Code) and temporary password, which you have to install after downloading the APP. This will enable you to view your IP Camera via your handheld and/or mobile device. You should change your temporary password immediately to avoid third party access to your IP Camera. You are responsible for maintaining the confidentiality of your password, your UID Code and are fully responsible for all activities that occur under your password and your UID Code. You agree to reset your password immediately should you lose your handheld and/or mobile device or if there be any unauthorized use of your password or any other breach of security, You agree that the terms of this Agreement shall be binding upon and govern the relationship between the Suppliers and any third party to whom you grant access to your handheld and/or mobile device. You further agree to take any and all action necessary to ensure compliance with, and enforce the terms of, this Agreement, and to indemnify the Suppliers for any and all costs, damages, losses or expenses incurred in respect to such third party user. Suppliers cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
“Contact Information” means information that allows someone to identify or contact you, including, for example: your name, address, telephone number and email address. When you register, you provide us with Contact Information. In the event that you contact us for customer support, we may also request that you provide additional Contact Information relevant to the support requested by you. You are under no obligation to provide such information. However, we cannot guarantee that we can provide customer support in the event that relevant information related to the use of the APP is not provided. We may retain communications relating to customer support and information drawn from such communications, for statistical and reference purposes.
“Usage Information” is information including, but not limited to, data regarding System usage.
We receive this type of information from the Equipment (as defined below) and the consumer web portal as you use the APP. Usage Information can include your IP address, browser type, domain names, access times and referring website addresses and Wi-Fi service set identifier. This information is used for the operation of the APP, to maintain quality of the APP and to provide general statistics regarding use of the APP. We may use independent contractors to assist with our operations. Such contractors may include programmers, consultants, billing and other agents, auditors, attorneys and accountants, collection agencies and third parties who provide services necessary for us to provide the APP or conduct legitimate business activities in connection with the APP. Some of these contractors will have temporary access to our databases of Consumer Information. Their access to such information will be limited to specific tasks. We also use third parties to help with certain aspects of our operations, which may require disclosure of your Consumer Information to them. For example, we may use a third party to communicate with you (via telephone, email, or letter) about your account or upcoming features or services, to process and collect payment for your Services via your credit card, to generate demographic profiles based on Consumer Information of our customers and to perform other work as part of or in relation to the System that we may need to outsource. We may require these contractors and third parties to agree to protect the confidentiality of your Consumer Information and to use it only as necessary to perform the services they are asked to perform.
5 MODIFICATIONS OF THE APP The Licensor reserves the right at any time and from time to time to modify or discontinue, temporarily, the APP (or any part thereof) with or without notice. You agree that Licensor shall not be liable to you or to any third party for any modification or suspension of the System.
6 INDEMNIFICATION BY YOU AND DEFENSE WAIVER In the event any third party, other than your insurance carrier (as Subrogee), makes any claim or commences any action against the Suppliers, or any of their present or future officers, directors, employees, parents, subsidiaries, agents, successors, assigns, contractors, licensees or affiliates related in any manner to this Agreement, or the use, failure to use, or inability to use the APP whether based upon or due to alleged defects, acts or omissions, active or passive negligence, strict or product liability, breach of warranty or contract, libel, slander, property damage, personal injury or death, or otherwise, you agree to and shall indemnify, defend and hold them harmless, jointly and severally, from and against all liabilities, losses, claims, damages and judgments, including but not limited to payment of all costs, interest, expenses and attorney’s fees. You hereby waive any and all rights to interpose any claim, defense, counterclaim or third party claim against the Suppliers, and their present or future officers, directors, employees, parents, subsidiaries, agents, successors, assigns, contractors, licensees or affiliates in the event any action is commenced against you by any third party.
7 WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS THIS SOFTWARE AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED AS IS, AND THE APP IS PROVIDED AS IS, WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE SUPPLIERS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE APP REMAINS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SUPPLIERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE APP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SUPPLIERS DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE APP OR RECEIVEDTHROUGH ANY LINKS PROVIDED, AS WELL AS FOR ANY INFORMATION RECEIVED THROUGH THE APP OR THROUGH ANY LINKS PROVIDED BY THE APP. THE SUPPLIERS SIMILARLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE APP YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SUPPLIERS DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR (1) THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT ORINFORMATION OR MATERIAL PROVIDED BY OR ACCESSIBLE THROUGH THE APP; OR (2) THE USE OF OR INABILITY TO USE THE APP; OR (3) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; OR (4) INFORMATION COMMUNICATED THROUGH MESSAGE BOARDS OR OTHER FORUMS; OR (5) ANY OTHER FAILURE TO PERFORM BY THE SUPPLIERS. THE SUPPLIERS EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE APP, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE SUPPLIERS MAKE NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY DATA STORAGE FACILITIES OFFERED BY THE SUPPLIERS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. IF THE SUPPLIERS SHOULD NEVERTHELESS BE FOUND LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS, DAMAGE OR INJURY ARISING UNDER THIS AGREEMENT OR OTHERWISE, REGARDLESS OF CAUSE OR ORIGIN, ON ANY BASIS WHATSOEVER, (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE), EVEN IF AS A RESULT OF THEIR NEGLIGENCE OR GROSS NEGLIGENCE, THEIR TOTAL MAXIMUM LIABILITY IS LIMITED TO AND SHALL NOT IN ANY CASE EXCEED $100.00 WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST THEM. IN ADDITION, IN NO EVENT SHALL THE SUPPLIERS OR THEIR RESPECTIVE PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE APP OR ANY COMPONENT THEREOF, OR TO YOUR RELATIONSHIP WITH THE SUPPLIERS, EVEN IF THE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
8 NO GUARANTEE The APP is intended to operate over the Internet; the Suppliers shall have no liability arising out of or resulting from the failure to transmit or receive any message as a result of their respective connections with or to the Internet or as a result of your Internet or wireless connection. You acknowledge that you have purchased Internet connectivity services from a third party provider and that you hereby release the Suppliers from all liability resulting there from. The Suppliers do not guarantee that the APP will be compatible with all mobile and/or handheld devices.
9 MISCELLANEOUS You hereby acknowledge that you are duly authorized to execute and deliver this Agreement. This Agreement has been duly executed and delivered by you and this Agreement constitutes a legal, valid and binding obligation, enforceable against you in accordance with its terms. The failure of the Suppliers to enforce at any time any of the provisions of this Agreement shall not be construed to be a continuing waiver of any provisions hereunder nor shall any such failure prejudice the right of the Suppliers to take any action in the future to enforce any provisions hereunder. It is understood and agreed that, not withstanding any other provisions of this Agreement, breach of any provision of this Agreement by you may cause the Supplier irreparable damage for which recovery of money damages would be inadequate and that the Suppliers shall therefore be entitled to obtain timely injunctive relief to protect the Supplier’s rights under this Agreement in addition to any and all remedies available at law. Nothing contained herein shall be construed as creating any agency, employment, relationship, partnership, principal-agent or other form of joint enterprise between the parties. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or extent of such section or in any way affect this Agreement. Neither this Agreement nor any of the rights, interests or obligations provided by this Agreement may be transferred or assigned by you without the prior written consent of the Suppliers. The Suppliers may assign this Agreement, in whole or in part, at its sole discretion. This Agreement shall be binding upon the parties and each of their present and future officers, directors, employees, parents, subsidiaries, agents, successors, assigns, contractors, licensees, affiliates, family members and guests and authorized users. The provisions of this Agreement shall apply to the fullest extent permitted by law and be interpreted and applied to a lesser extent, where necessary to be valid. The invalidity or unenforceability of any provision of this agreement shall not affect any other provision and all such other provisions shall remain in full force and effect without change or modification thereof. The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. All notices under this Agreement shall be given in writing by mail at the addresses set forth herein or as may be supplied in the future.