MyHue (any version)
Copyright (c) 2016 ARC-IT Ltd
* END USER LICENSE AGREEMENT *
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE
USING THIS SOFTWARE.
By downloading, installing or using MyHue (any version) or any
portion of it thereof ("Application") or any application created by ARC-IT Ltd (here after
referred to as "The Company"), you agree that this End User License Agreement (EULA) is a
legally binding and valid contract and agree to be bound by it.
You agree to abide by the intellectual property laws and all of
the Terms and Conditions of this Agreement.
Unless you have a different license agreement signed by ARC-IT
Ltd your use of the Application indicates your acceptance of this license agreement and
2. USE OF APPLICATION
- The Company grants you the non-exclusive, non-transferable,
limited right and license to install and use this Application solely and exclusively for
your personal use.
- You may not use the Application in any manner that could
damage, disable, overburden, or impair the Application (or servers or networks connected
to the Application), nor may you use the Application in any manner that could interfere
with any other party's use and enjoyment of the Application (or servers or networks
connected to the Application).
- You agree that you are solely responsible for (and that The
Company has no responsibility to you or to any third party for) your use of the
Application, any breach of your obligations under the Terms and Conditions, and for the
consequences (including any loss or damage which The Company may suffer) of any such
3. PROPRIETARY RIGHTS
You acknowledge that
- The Application contains proprietary and confidential
information that is protected by applicable intellectual property and other laws, and
- The Company and/or third parties own all right, title and
interest in and to the Application and content, excluding content provided by you, that
may be presented or accessed through the Application, 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,
- 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, unless otherwise
- 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
- Use the Application to access, copy, transfer, transcode or
retransmit content in violation of any law or third party rights, or
- Remove, obscure, or alter The Company's or any third party
copyright notices, trademarks, or other proprietary rights notices affixed to or
contained within or accessed in conjunction with or through the Application.
4. CONSENT OF USE OF DATA
You agree that Application Provider may collect and use
technical data and related information, including but not limited to technical information
about Your device, system and application software, and peripherals, that might be gathered
periodically to facilitate the provision of software updates, product support and other
services to You (if any) related to the Licensed Application. Application Provider may use
this information, as long as it is in a form that does not personally identify You, to
improve its products or to provide services or technologies to You.
5. U.S. GOVERNMENT RESTRICTED RIGHTS
This Application, related materials and documentation have been
developed entirely with private funds.
If the user of the Application is an agency, department,
employee, or other entity of the United States Government, the use, duplication,
reproduction, release, modification, disclosure, or transfer of the Application, including
technical data or manuals, is restricted by the terms, conditions and covenants contained in
these Terms and Conditions.
In accordance with Federal Acquisition Regulation 12.212 for
civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for
military agencies, use of the Application is further restricted by these Terms and
6. EXPORT RESTRICTIONS
The Application may be subject to export controls or
restrictions by the United States or other countries or territories.
You agree to comply with all applicable U.S. and international
export laws and regulations.
These laws include restrictions on destinations, end users, and
These Terms and Conditions will continue to apply until
terminated by either you or The Company as set forth below.
You may terminate these Terms and Conditions at any time by
permanently deleting the Application from your mobile device in its entirety.
Your rights automatically and immediately terminate without
notice from The Company or any Third Party if you fail to comply with any provision of these
Terms and Conditions. In such event, you must immediately delete the Application.
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 reasonable attorney's fees) arising out of or accruing from your use of the
Application, including your downloading, installation, or use of the Application, or your
violation of these Terms and Conditions.
9. DISCLAIMER OF WARRANTIES AND SUPPORT
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE
APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS
IS AND AS AVAILABLE WITHOUT WARRANTY AND WITHOUT SUPPORT OF ANY KIND.
- YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE
DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
- THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.
- THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF
NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION
OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH
THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL
OR ENVIRONMENTAL DAMAGE.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS
SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF
LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES
THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING ANY LOSS OF DATA
OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN
ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- These Terms and Conditions constitute the entire Agreement
between you and The Company relating to the Application and govern your use of the
Application, and completely replace any prior or contemporaneous agreements between you
and The Company regarding the Application.
- The failure of The Company to exercise or enforce any right
or provision of these Terms and Conditions does not constitute a waiver of such right or
provision, which will still be available to The Company.
- If any court of law, having the jurisdiction to decide on
this matter, rules that any provision of these Terms and Conditions is invalid, then
that provision will be removed from the Terms and Conditions without affecting the rest
of the Terms and Conditions. The remaining provisions of these Terms and Conditions will
continue to be valid and enforceable.
- The rights granted in these Terms and Conditions may not be
assigned or transferred by either you or The Company without the prior written approval
of the other party. Neither you nor The Company is permitted to delegate their
responsibilities or obligations under these Terms and Conditions without the prior
written approval of the other party.
- These Terms and Conditions and your relationship with The
Company under these Terms and Conditions will be governed by the laws of the UK without
regard to its conflict of law's provisions. You and The Company agree to submit to the
exclusive jurisdiction of the courts located within the UK to resolve any legal matter
arising from these Terms and Conditions. Notwithstanding this, you agree that The
Company will still be allowed to apply for injunctive remedies (or an equivalent type of
urgent legal relief) in any jurisdiction.