END USER LICENSE AGREEMENT
Effective Date: 12/29/2016
This copy of EufyLife ("the Software Product" or “EufyLife”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Power Mobile Life LLC, at 999 3rd Ave Suite 700, Seattle, WA 98104, or its subsidiaries, affiliates, and suppliers (collectively "Power Mobile Life") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
The Agreement may apply to the Interface Applications and the Hardware Applications. (Hereinafter the “Application”)
An Interface Application (Hereinafter “Interface Application”) is a software developed by Power Mobile Life composed by a graphic interface, that can be used in particular through your Smartphone or your Internet browser, and from which you interact with the features that are made available to you by the Interface Application and allowing you to save, store, access your data, such as identifying data.
A Hardware Application (hereafter “Hardware Application”) is a software developed by Power Mobile Life, designed to allow an interaction between your smartphone and a Power Mobile Life’s device. The Hardware Applications are designed to be integrated and attached to a Power Mobile Life Product, allowing you to use the Product and that may save data, such as identifying data in the Product.
As a user, you acknowledge and guarantee:
Your access to and use of EufyLife is conditioned upon your acceptance of these Terms, our Privacy Policy, and any additional terms (“Additional Terms”) that may be provided or presented to you when you access certain features of the Program, all of which are incorporated into these Terms by this reference. Please read these Terms and our Privacy Policy carefully before using EufyLife.
ACCEPTANCE
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
IF YOU WERE TO DISAGREE WITH THOSE TERMS YOU ARE REQUESTED NOT TO USE THE SOFTWARE PRODUCT, AND WHENEVER NEEDED UNINSTALL THE SOFTWARE PRODUCT.
LICENSE GRANT
This Agreement entitles you to install and use one copy of the Software Product on the current mobile device. In addition, you may make unlimited archival copies of the Software Product. The archival copy may be on any storage medium, and may only be used for the reinstallation of the Software Product. This Agreement allows installation and use of multiple copies of the Software Product, or the installation of the Software Product on more than one device at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of devices that allows multiple users. Multiple copy use or installation is allowed for each user and each copy of the Software Product.
SOFTWARE UPDATES
Power Mobile Life may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Software Product and related services (“Updates”). These may be installed with providing additional notice or receiving any additional consent. You have consent to this update.
RESTRICTIONS ON TRANSFER
Without first obtaining the express written consent of Power Mobile Life, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights of the Software Product.
RESTRICTIONS ON USE
By using the Software Product, you shall not
RESTRICTIONS ON ALTERATION
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
RESTRICTIONS ON COPYING
You may not copy any part of the Software Product except to the extent that licensed use
inherently demands the creation of a temporary copy stored in mobile device memory and not
permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a hard drive.
OPEN SOURCE
Certain items of software included with the Product Software are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this Agreement. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Power Mobile Life makes such Open Source Software, and Power Mobile Life’s modifications to that Open Source Software, available by written request to Power Mobile Life at the email or mailing address listed below.
TERM AND TERMINATION
This Agreement and the license granted hereunder are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product, unless this Agreement is terminated under this section. Power Mobile Life may terminate this Agreement at any time if you fail to comply with any term(s) hereof. You may terminate this Agreement effective immediately upon written notice to Power Mobile Life. Upon termination of this Agreement, the license granted hereunder will terminate and you must stop all use of the Product Software.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. POWER MOBILE LIFE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SOFTWARE PRODUCT. IN PARTICULAR, POWER MOBILE LIFE MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. NOR DOES POWER MOBILE LIFE WARRANT THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. POWER MOBILE LIFE DOES NOT ASSUME ANY LIABILITY RELATING TO DELAYS OR INTERRUPTIONS ATTRIBUTABLE TO THIRD PARTY FAILURES BEYOND ITS CONTROL.
ADDITIONALLY, POWER MOBILE LIFE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTED ABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. POWER MOBILE LIFE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL POWER MOBILE LIFE , ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF POWER MOBILE LIFE OR ANY OTHER PARTY, EVEN IF POWER MOBILE LIFE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS POWER MOBILE LIFE 'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
INDEMNIFICATION AND RELEASE
You agree to indemnify and hold harmless Power Mobile Life, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of any violation of this Agreement by you.
If you have a dispute with one or more users of the Software Product, you release Power Mobile Life, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
LIMITATION OF REMEDIES AND DAMAGES
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Power Mobile Life. Power Mobile Life reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Power Mobile Life is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Power Mobile Life to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Power Mobile Life harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL POWER MOBILE LIFE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; WRONGFUL DEATH; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; COST OF PROCUREMENT OF SUBSTITUTE ITEMS OR SERVICES; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SOFTWARE PRODUCT, OR YOUR ACCOUNT, EVEN IF POWER MOBILE LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. POWER MOBILE LIFE SHALL IN NO EVENT BE LIABLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND RESULTING FROM ANY OF ITS EMPLOYEES OR ANY MERCHANT RENDERING TECHNICAL OR OTHER ADVICE OR REPRESENTATIONS IN CONNECTION WITH THE PERFORMANCE OF ANY HARDWARE, SOFTWARE, OR ANY COMBINATIONS THEREOF UNLESS IT IS SPECIFICALLY CONTAINED IN THIS AGREEMENT.
OWNERSHIP BY POWER MOBILE LIFE
Power Mobile Life and/or its licensors retain all right, title, and interest in and to the Software Product and all aspects thereof, including all patents, copyrights, trade secrets, and other intellectual property rights incorporated therein. You may not remove or destroy any product identification, copyright notices, or other proprietary markings or restrictions from any aspect of the Software Product.
You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of the Software Product (“Feedback”) that are not already subject to third party intellectual property rights may be used by Power Mobile Life or any other user of the Software Product without compensation or attribution, and you hereby grant Power Mobile Life , its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license under all intellectual property rights in the Feedback for any purpose. You acknowledge that any Feedback submitted to Power Mobile Life constitutes “publication” of such inventions under applicable patent law.
At Power Mobile Life, protecting the privacy of our users is of utmost importance. You can read our Privacy Policy.
We may collect and record some personal data when you use our Software Product. Shall be considered as a Personal data (hereinafter “Personal Data”) any information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
Any collection and proceedings of personal data must be carried out with your prior and freely given consent.
We grant you the right of access to and the right to rectify any data concerning You by contacting our customer service department:
By Email: support@eufylife.com
You can also object, at any time on compelling legitimate grounds relating to your particular situation, to the processing of data related to you.
By using the Software Product, you may allow Power Mobile Life, or any third party designated for this purpose, to store data collected when using the Product. You may not be able to access to your data at all time, as we cannot guarantee you that your data will be available forever. We therefore recommend you to frequently save your data though the means provided in the Software Product.
GOVERNING LAW, JURISDICTION AND COSTS
In the event of any controversy or dispute between Power Mobile Life and You arising out of or in connection with your use of any Products and Services provided by Power Mobile Life, the parties shall attempt, promptly, in good faith and before any judicial action, to resolve the dispute through alternative dispute resolution.
This Agreement is governed by the laws of Illinois, without regard to Illinois’ conflict or choice of law provisions. Notwithstanding the foregoing and the Arbitration clause set forth below, any action or proceeding for equitable relief, arising from or relating to this Agreement must be brought in a state or federal court having jurisdiction in Cook County, Illinois, and each party submits to the jurisdiction and venue of such court in any such action or proceeding and agrees to waive any defenses to venue and jurisdiction including forum non conveniens.
If parties are unable to resolve a dispute informally, dispute shall be submitted to final and binding arbitration at the arbitration office chosen by Power Mobile Life when request for arbitration is made. Parties waive the right to seek punitive damages and arbitrator shall have no authority to award such damages. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered.
SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
NO WAIVER
No waiver will be implied from conduct or failure to enforce rights. No provisions of this Agreement shall be deemed waived unless such waiver is in writing and signed by the authorized representative of the party against whom it is sought to be enforced. Waiver by either party of any default by the other party of any provision of this agreement shall not be deemed a waiver by the waiving party of any subsequent or other default.
Any notification and communication between Power Mobile Life and you can be realized by any electronic means of communication such as emails. You hereby grant us your express consent for sending you by electronic means of communication any notification through your Power Mobile Life Account.
ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous agreements or understandings, whether oral or written, with respect to such subject matter.