End User License Agreement and Terms & Conditions
Care@Home
™
PERS Control Panel User Guide
33
Appendix D
End User License Agreement and Terms & Conditions
BY USING THE APPLICATION AND/OR THE SOFTWARE, YOU INDICATE YOUR AGREEMENT WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT
AGREE WITH THE END USER LICENSE AGREEMENT and THE TERMS AND CONDITIONS, (hereinafter called the “
Terms and Conditions
”), DO NOT USE THE
APPLICATION AND/OR THE SOFTWARE.
_
Definitions
_
The following terms will have the meaning ascribed to them in this Terms and Conditions:
“
The Company
”: Essence SmartCare Ltd.
“
The System
”: related social alarm product(s) and monitoring applications, products and solutions for home or any control systems or any part thereof.
“
Device
”: A mobile phone, personal computer, tablet or any other device or any other application interface that you own and/or use and/or hold and/or control, which may enable access to third parties services
and applications.
“
Service Provider
”: the entity (not being the Company) that provides services and/or call-center services and/or other services through the System and enables you to use the Application.
“
Monitored Party
”: the third party whose activities of daily living are being monitored.
The Company provides a user interface application (including any updates and/or upgrades and/or patches thereto) subject always to the terms hereto for monitoring and/or controlling the System via your
Device(s) (hereinafter, respectively, the “
Application
”). By downloading the Application, installing or using the Application or any part thereof, you irrevocably agree to the following terms and conditions in this
Terms and Conditions
.
Certain information about you or otherwise is subject to the Privacy Policy; for more information, see the full Privacy Policy at
ADDENDUM A
.
_
Article I – SCOPE OF USE
_
a. The Company grants you non-exclusive, non-transferable, non-sub-licensable, non-assignable, limited right to use the Application solely and exclusively for your personal use via your Device(s) license for the
intended purpose of monitoring the consenting Monitored Party for a limited time period as specified herein below (the “
License
”). For the avoidance of doubt, the License allows you to install and use the
Application on several Devices provided that such are owned at all times solely by you;
b. You agree that you shall be solely responsible for (and that the Company has no responsibility to you or to any third party) the use of the Application, for any breach of the obligations under the Terms and
Conditions, and for the consequences (including any loss or damage which the Company and/or you and/or any third party may suffer and/or incur) as a result of any such breach.
c. As a condition to using the Application, you agree that certain updates, upgrades and/or patches to the Application may be automatically received and installed on your Device(s) from time to time.
d. As a condition to using the Application, you agree that you will receive certain messages from the Company and/or the Service Provider and/or the System , including notifications sent from the System to your
Device(s); modifications, improvements and patches of the Application; information with respect to the Company's other products; personalized information, including advertisements, from third parties, unless
you elect not to receive such third party contents (“
opt out
”); and such other messages as the Company believes may be to your benefit or interest from time to time.
_
Article II – PROPRIETARY RIGHTS
_
a. You hereby agree and acknowledge that (a) the Application contains Intellectual Property Rights as well as other proprietary and confidential information that is protected by applicable intellectual property and other
laws, and (b) The Company owns all rights, title and interest in and to the Application and content, including without limitation upgrade, modification thereto including without limitation all Intellectual Property Rights
therein and thereto. “
Intellectual Property Rights
” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other
proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (1) copy, sell,
license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be
presented or accessed through the Application for any purpose, without the express written consent of the Company, (2) take any action to circumvent or defeat the security or content usage rules provided, deployed
or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application , (3) use the Application to access, copy, transfer or retransmit content in violation of
any law or third party rights, or (4) remove, obscure, or alter the Company's copyright notices, trademarks, logos or other proprietary rights notices affixed to or contained within or accessed in conjunction with or
through the Application.
b. USERNAME AND PASSWORD: In order to access and use the Application you must obtain a valid username and password. You are solely responsible for maintaining the confidentiality of your username and password.
For security reasons and to avoid unauthorized access, you are required to logout in an orderly manner from the Application at the end of each session. In any case, the Company shall not be liable for any damage or loss
of any kind or nature incurred and/or suffered by you and/or by any third party as a result of the Application being accessed and/or used by unauthorized user/s.
c. TERMINATION: The License is effective until terminated by the Company for any reason whatsoever (including without limitation in case that the agreement between the Company and the Service Provider expires or
terminates for any reason), and will terminate automatically without notice from the Company if you fail to comply with any Terms and Conditions; in any such event the Company may block you from using and/or
accessing the Application and you shall not have any claim against the Company in connection with such restriction.
_
Article III – DISCLAIMER OF WARRANTIES
_
a. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS
WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “
AS IS
” AND “
AS AVAILABLE
”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE
COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION , EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD
PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR PERFORMED OR PROVIDED BY THE
APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. THE
COMPANY DOES NOT WARRANT THAT THE APPLICATION SHALL BE COMPATIBLE WITH EACH WEB BROWSER (AND EACH VERSION THEREOF) AND YOU ARE SOLELY RESPONSIBLE FOR OBTAINING A BROWSER
SUPPORTING THE APPLICATION FROM YOUR APPLICABLE PROVIDER. USAGE OF THE APPLICATION MAY REQUIRE DOWNLOADING AND INSTALLING A THIRD PARTY SOFTWARE (E.G., PDF VIEWER APPLICATION)
AND YOU ARE SOLELY RESPONSIBLE FOR OBTAINING SUCH THIRD PARTY SOFTWARE, WITH COMPANY ASSUMING NO LIABILITY WHATSOEVER IN CONNECTION WITH SUCH SOFTWARE INCLUDING ITS
AVAILABILITY (OR LACK THEREOF), PERFORMANCE, COST, OR ANY RESULTS CAUSED BY THE OPERATION OF SUCH SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR
ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY, OTHER THAN SUCH AS EXPLICITLY SET FORTH IN WRITING IN THESE TERMS AND CONDITIONS. SHOULD THE APPLICATION PROVE DEFECTIVE,
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
b. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE(S), OR LOSS OF DATA THAT RESULTS FROM USING THE APPLICATION.
c. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY CANNOT ASSURE AND TAKES NO RESPONSIBILITY THAT SOME OR ALL OF THE INFORMATION SENT VIA THE APPLICATION WILL BE SENT
AND/OR REACH THE INTENDED RECIPIENT AND/OR NOT BE SENT AND/OR NOT REACH OTHER THIRD PARTIES, IN WHICH CASE THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE AND/OR LOSS OF ANY
KIND OR NATURE INCURRED AND/OR SUFFERED BY YOU AND/OR BY ANY THIRD PARTY AS A RESULT THEREOF.
d. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY CANNOT ASSURE AND TAKES NO RESPONSIBILITY THAT THE APPLICATION WILL SUCCESSFULLY PROVIDE NOTICES TO YOUR DEVICE OR TO
YOUR SERVICE PROVIDER, NOR THAT THE SYSTEM AND/OR ANY PART OF THE SYSTEM WILL SUCCESSFULLY TRIGGER NOTICES OR OTHERWISE WILL CONFORM OR OPERATE, IN WHICH CASE THE COMPANY
WILL NOT BE LIABLE FOR ANY DAMAGE AND/OR LOSS OF ANY KIND OR NATURE INCURRED AND/OR SUFFERED BY YOU AND/OR BY ANY THIRD PARTY AS A RESULT THEREOF.
e. YOU EXPRESSLY DECLARE: THAT YOU HAVE RECEIVED THE MONITORED PARTY’S PRIOR WRITTEN CONSENT TO VIEW AND/OR MONITOR THE SYSTEM INFORMATION AS DEFINED HEREIN; THAT YOU WILL
TREAT THE SYSTEM INFORMATION WITH THE UPMOST DISCRETION; AND, THAT YOU WILL NOT STORE AND/OR SHARE AND/OR PUBLISH THE SYSTEM INFORMATION OR ANY PART THEREOF. YOU
UNDERSTAND AND AGREE THAT THE INFORMATION GATHERED AND/OR STORED BY THE SYSTEM OR THE APPLICATION (THE “
INFORMATION
”) (INCLUDING BUT NOT LIMITED TO VIDEO SEGMENTS FILMED
AND/OR STORED AND OR GATHERED BY THE SYSTEM (THE “
VIDEO SEGMENTS
”) (THE “INFORMATION” AND THE “VIDEO SEGMENTS” COLLECTIVELY TOGETHER: THE “
SYSTEM INFORMATION
”) IS STORED ON
THE COMPANY'S AND/OR THE SERVICE PROVIDER SERVERS. THE SYSTEM INFORMATION INCLUDING THE VIDEO SEGMENTS IS THE SOLE PROPERTY OF THE COMPANY AND/OR THE SERVICE PROVIDER IN
ACCORDANCE WITH THE AGREEMENTS BETWEEN THE COMPANY AND THE SERVICE PROVIDER.THE COMPANY SHALL HAVE ACCESS TO ALL OF THE SYSTEM INFORMATION AT COMPANY’S SOLE DISCRETION
AND SHALL, FROM TIME TO TIME, AT THE REQUEST OF THE SERVICE PROVIDER FOR SUPPORT, MAINTENANCE, SYSTEM UPGRADES OR MODIFICATIONS AND ALIKE, REVIEW THE VIDEO SEGMENTS. COMPANY
SHALL NOT LET OTHER PARTIES (OTHER THAN THE SERVICE PROVIDER) REVIEW THE VIDEO SEGMENTS, WITHOUT YOUR OR THE MONITORED PARTY’S PRIOR CONSENT, EXCLUDING DISCLOSURE THAT IS
REQUIRED BY LAW, REGULATION OR ORDER OF A COMPETENT AUTHORITY.
f. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY CANNOT ASSURE AND TAKES NO RESPONSIBILITY FOR MEASURES TAKEN AND/OR NOT TAKEN BY YOUR SERVICE PROVIDER IN ORDER TO
PROTECT THE SYSTEM INFORMATION, AND IN NO CASE WILL THE COMPANY BE LIABLE FOR ANY DAMAGE AND/OR LOSS OF ANY KIND OR NATURE INCURRED AND/OR SUFFERED BY YOU AND/OR THE
MONITORED PARTY AND/OR BY ANY THIRD PARTY IN CASE THE SYSTEM INFORMATION GATHERED AND/OR STORED BY YOUR SERVICE PROVIDER IS EXPOSED TO THIRD PARTIES.
g. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALTHOUGH THE COMPANY WILL TAKE REASONABLE MEASURES IN ORDER TO PROTECT THE SYSTEM INFORMATION STORED ON THE COMPANY'S SERVERS
AND PREVENT PENETRATION OF THE COMPANY'S SERVERS BY THIRD PARTIES, THERE IS A POSSIBILITY THAT SOME OR ALL OF THE SYSTEM INFORMATION MAY, FOR WHATEVER REASON, WITHOUT THE
COMPANY'S AND/OR YOUR SERVICE PROVIDER'S CONSENT, BE EXPOSED TO THIRD PARTIES, IN WHICH CASE THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE AND/OR LOSS OF ANY KIND OR NATURE
INCURRED AND/OR SUFFERED BY YOU AND/OR THE MONITORED PARTY AND/OR BY ANY THIRD PARTY AS A RESULT THEREOF.
h. YOU EXPLICITLY ACKNOWLEDGE THAT THE APPLICATION: (I) ENABLES AND PROVIDES THE TRACKING AND MONITORING ITS USERS’, AS WELL AS THIRD PARTIES’ ACTIVITIES, INCLUDING WITHOUT
LIMITATION, THEIR WHEREABOUTS, DAILY ACTIVITIES AND HABITS, WHETHER BY VISUAL OR BY OTHER TYPES OF METHODS (THE “
DATA
”); (II) ENABLES AND PROVIDES THE ABILITY TO COLLECT AND
