PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA” and "LICENSE") CAREFULLY BEFORE USING THE INTELI-HOUSE APPLICATION SOFTWARE AND ACCOMPANYING HARDWARE (“PRODUCT”). BY USING THE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU ARE PROHIBITED FROM DOWNLOADING, INSTALLING, ACCESSING, AND/OR USING THE PRODCUT. THIS IS A LEGAL AGREEMENT. BY ACCESSING OR USING THE PRODUCT YOU ARE EXPRESSLIY ACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF YOURSELF AND/OR THE ENTITY YOU REPRESENT IN CONNECTION WITH SUCH USE OR ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF AND/OR THE ENTITY YOU REPRESENT. FURTHER, YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE PRODUCT AND TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE WITH ANY OF THE TERMS HEREIN, YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY ASPECT OF THE PRODUCT. AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC PRODUCT UPDATES.
The Product, Inteli-house, which consists of a mobile-based application, software and accompanying hardware, that is subject to this License is referred to in this license as the “Software, Mobile-Based Application, Product, Application and Licensed Application interchangeably.” This EULA governs your access and use of the Product and gives you specific legal rights; you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this EULA apply to the extent fullest extent possible subject to limitations of applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of this EULA may not apply to you. The Licensor and Application Provider (“INTELI-HOUSE d.o.o”) reserves all rights not expressly granted to you under this EULA. The INTELI-HOUSE mobile-based application, software and accompany hardware is licensed, not sold, to you for use only under the terms of this License. Any use of the Product constitutes acceptance of the terms of this EULA.
Scope of License and Restrictions:
This License granted to you for the Product by Licensor is a non-transferable, nonexclusive, EULA to access and use the Product. This license does not allow you to use the Product's application and software on any device or system you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices or users at the same time. You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product or make it available to any third party, (b) copy or use the Product for any purpose other than as permitted herein, (c) use any portion of the Product on any device, computer, system, craft or vehicle other than that you own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels of the Product, or (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact INTELI-HOUSE at email@example.com and provide INTELI-HOUSE an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any aspect of the Product to any third party without prior written approval of Licensor for each such release.
INTELI-HOUSE may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Product and related services
(“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent and you consent to any such automatic updates. If you do not want such updates, your remedy is to stop using the Product. You acknowledge that you may be required to install updates to continue to access and use the Product and you agree to promptly install any such updates that are provided or made available. Your continued access and use of the Product constitutes your specific agreement.
The Product and all worldwide copyrights, trade secrets, source code and other intellectual property rights are the exclusive property of Licensor. Further, Licensor expressly reserves all rights in and to all aspects of the Product not expressly granted to you in this EULA. The Product is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA. All suggestions, comments, or feedback provided by you with respect to the Product shall be Licensor's property. Licensor may use, copy, modify, publish, or redistribute it and its contents for any purpose and in any way without any compensation to you. You also agree that Licensor does not waive any rights to use similar or related ideas previously known to it, developed by its employees, or obtained from other sources.
Term and Termination
This EULA and the license granted hereunder are effective on the date you first download or use any aspect of the Product, including installing the accompanying hardware, and shall continue until terminated. Licensor may terminate this EULA at any time and your rights under this License will terminate automatically or otherwise cease to be effective without notice from Licensor if you fail to comply with any term or condition of this License. You may terminate this EULA effective immediately upon written notice to Inteli-House at (INSERT EMAIL). Upon termination of this EULA, the license granted hereunder will terminate and you must immediately cease and desist all access and use of the Product and make immediate arrangements for the return the accompanying hardware to Inteli-house. However, all confidentiality provisions of this License will remain in effect after any such termination.
The Product may enable access to Inteli-House’s, Licensor's and/or third-party services and websites (collectively and individually, "Services"). Use of these Services requires Internet access and use of certain Services may require you to accept additional terms. You understand that by using any of the Product and Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Product and Services at your sole risk and that Licensor shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. You acknowledge and agree that Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Services, third party materials or web sites. Licensor, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Services, third party materials or web sites, or for any other materials, products, or services of Services or third parties.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTELI-HOUSE PROVIDES THE PRODUCT, INCLUDING THE ACCOMPANYING HARDWARE, “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. INTELI-HOUSE DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT AND MAKES NO WARRANTY THAT THE PRODUCT WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODCUT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. YOU USE ALL PRODUCT INFORMATION, THE PRODUCT SOFTWARE, PRODCUT HARDWARE AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND INTELI-HOUSE DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR CRFT, RECREATIONAL VEHICLE, VEHICLE, PROPERTY, ANY PERIPHERALS CONNECTED THERETO INCLUDING YOUR COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, AND PRODUCT.
Limitation of Liability
Nothing in this EULA and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law. HOWEVER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCT, PRODUCT SOFTWARE, PRODUCT HARDWARE, EVEN IF LICENSOR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) LICENSOR'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCT, PRODUCT SOFTWARE AND PRODUCT HARDWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO LICENSOR, INTELI-HOUSE AND INTELI-HOUSE’S AUTHORIZED DEALERS OR RESELLERS FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. LICENSOR DISCLAIMS ALL LIABILITY OF ANY KIND OF INTELI-HOUSE’S LICENSORS AND SUPPLIERS.
Limitations of Product Software
You acknowledge that the Product, Product Software and Product Hardware are not certified for emergency response. YOU UNDERSTAND THAT THE PRODUCT IS NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM OF ANY KIND AND THE PRODUCT DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOU, YOUR CRAFT, VEHICLE OR LOCATION IN THE EVENT OF AN EMERGENCY. In addition, Inteli-house's Customer Care and Support contacts cannot be considered an emergency or lifesaving solution for people at risk, and they are no substitute for proper emergency services. All life threatening and emergency events should be directed to the appropriate response services and authorities. Unless explicitly promising a “guarantee,” Licensor does not guarantee or promise any specific level of efficiency, safety, energy savings or other monetary benefit from the use of the Product, Product Software or Product Hardware or any feature of them. Actual performance, efficiency, energy savings and monetary benefits vary with factors beyond Licensor's control or knowledge. From time to time, Licensor may use the Product to provide you with information that is unique to you and your Product usage and suggest an opportunity for efficiency, control, safety and monetary savings if you adopt suggestion(s) or features of the Product. This is done to highlight an opportunity based on our analysis and information about you and your product usage. You acknowledge that these suggestions and promotions are not a guarantee, and you agree not to seek monetary or other remedies from Licensor if your results differ or result in a negative or adverse result.
The Product provides you information, data and analytics (“Product Information”) regarding the Product, your Product usage, your craft or vehicle data and their connection with other things. All Product Information is provided “as is” and “as available” and Licensor cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Product is not a substitute for direct access of the information.
“Confidential Information” shall mean the Product, Application, Software and accompanying Hardware and all other data, information and alalytics that Licensor characterizes as confidential either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of Licensor's Confidential Information at all times, both during the term hereof and for a period of at least 3 years after end or termination of this EULA, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Licensor. You shall not use any Confidential Information other than as expressly herein. You shall notify Licensor in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this EULA, and will cooperate with Licensor in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify Licensor prior to such disclosure to allow Licensor an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Licensor in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
U.S. Government End Users
The Product Software, Product Hardware and Product is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the Product is provided to U.S. Government End Users only as a commercial end item and with only those rights as are granted to all other customers pursuant to the terms and conditions herein. Further, consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Governing Law; Venue
The courts in some countries will not apply Florida law to some types of disputes. If you reside in one of those countries, then where Florida law is excluded from applying, your country's laws will apply to such disputes related to these terms. Otherwise, you agree that this EULA, and any claim, dispute, action, cause of action, issue, or request for relief relating to access to and use of the Product and this EULA, will be governed by the laws of Florida, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to access or use of the Product and this EULA must be brought in a Federal or state court located in Miami-Dade County, Florida and each party hereto irrevocably submits to the jurisdiction and venue of any such court in any such claim(s) or dispute(s), except that Licensor may seek injunctive relief in any court having jurisdiction to protect its intellectual property or Confidential Information.
Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment shall be void and without effect.
Any notice to you may be provided by email to the address that you registered with Licensor and Inteli-house.
If any provision of this EULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
All waivers by Licensor will be effective only if in writing. Any waiver or failure by Licensor to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Consent to Use of Data
You agree that Licensor may collect and use technical data and related information, including but not limited to technical information about your device, hardware, system and application software, and peripherals, that is gathered periodically to facilitate access, use and operation of the Product and the provision of software and hardware updates, product support and other services to you (if any) related to the Product. Licensor may use this information and data, as long as it is in a form that does not personally identify you, to improve its products, services, technology and to provide services or technologies to you. Licensor, its partners and licensees may provide certain services through the Product that rely upon location information and other user or vehicle specific data and analytics. To provide and improve the Product and services, where available, Licensor, its partners and licensees may transmit, collect, maintain, process and use location data and an array of analytics, including the real-time geographic location of your craft, vehicle, device, hardware or computer and all of its usage data and analytics and you hereby agree and consent to the collection, use, transmission, processing and maintenance of such data and analytics. In addition, you agree and consent to Licensor's, its partners and licensees collecting, using, processing and maintaining information, data and analytics related to your account, and any devices, mobile devices, hardware or computers registered the reunder, for the purposes of improving the Product, technology and Product services.
You may not use or otherwise export or re-export the Product except as authorized by Licensor, United States law and the laws of the jurisdiction in which the Product was obtained. In particular, but without limitation, the Product may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By accessing or using the Product, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use any Inteli-house Products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
This License constitutes the entire agreement between you and the Licensor relating to access and use of the Product and accompanying hardware and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by an authorized representative of the Licensor. Any translation of this License is done for local requirements only and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by law.
The Product, Product Software, Product Hardware and Product Services are deemed irrevocably accepted upon your access and use of any aspect of the Product. You acknowledge that the Product contains valuable trade secrets and proprietary information of Licensor, that any actual or threatened breach of the confidentiality provisions of this EULA will constitute immediate, irreparable harm to Licensor for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The headings of Sections of this EULA are for convenience and are not to be used in interpreting this EULA. Except as otherwise provided herein, no amendment to this EULA will be valid unless it is in writing hand-signed by the parties. Questions or Additional Information. If you have questions regarding this EULA, please contact Inteli-House at firstname.lastname@example.org.