End User License Agreement and Terms & Conditions
32
Care@Home™ Smoke Detector User Guide
Appendix C
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
