End User License Agreement (EULA)
WeR@Home™ HD Camera User Guide
15
you, that may be presented or accessed through the Application and/or the Service, 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
and/or the Service 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 and/or the Service, (3) use the Application
and/or the Service 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 and/or the Service.
b. USERNAME AND PASSWORD: In order to access and use the Application and/or the Service 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 and/or the Service being accessed and/or
used by unauthorized user/s.
c. TERMINATION: The License is effective until terminated by you or by the Company by written notice. Your rights under
the License will terminate automatically without prior notice from the Company if you fail to comply with any Terms and
Conditions, or if the term of the Service expires or terminates; in such event the Company may block you from using
and/or accessing the Application and/or the Service and you shall not have any claim against the Company in connection
with such restriction. Upon termination of the License, you shall cease all use of the Application and/or the Service, and
destroy all copies, full or partial, of the Application.
d. INDEMNITY: To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Company,
its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits
or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out
of or accruing from your use of the Application and/or the Service, including your downloading, installation, or use of the
Application and/or the Service, or your violation of the Terms and Conditions.
Article III – DISCLAIMER OF WARRANTIES
a. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION AND/OR THE SERVICE 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 AND THE SERVICE ARE 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 AND/OR THE SERVICE, 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 AND/OR THE SERVICE, THAT THE FUNCTIONS
CONTAINED IN, OR SERVICE PERFORMED OR PROVIDED BY THE APPLICATION AND/OR THE SERVICE WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION AND/OR THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION AND/OR THE SERVICE 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 SERVICE PROVIDER. USAGE OF THE APPLICATION MAY REQUIRE DOWNLOADING AND INSTALLMENT OF THIRD
PARTY SOFTWARE (E.G., MICROSOFT SILVERLIGHT), 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
