END USER LICENSE AGREEMENT FOR ACCESS MANAGER
Version 1.0 – January 2018
1. BASIC INFORMATION
This End User License Agreement (the "Agreement") is a legal agreement between you and ASSA ABLOY AB (publ) established under the laws of Sweden. ASSA ABLOY AB (publ) is the provider of the Amandine App (the “App”). This Agreement is setting out the rights, obligations, liabilities and other matters relating to the App to which you are granted a license under this Agreement.
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THESE TERMS BEFORE USING THE APP. IF YOU DO NOT AGREE, PLEASE CEASE ANY USE OF AND DELETE THE APP.
BY USING THE APP YOU CONFIRM THAT YOU ARE AGED 18 OR OVER AND THEREFORE CAN CREATE BINDING LEGAL OBLIGATIONS FOR ANY LIABILITY YOU MAY INCUR AS A RESULT OF THE USE OF THE APP.
The terms used in this Agreement shall be defined as follows:
- "Agreement" means this End User License Agreement.
- "Device" means your smart phone or another device with network communication capabilities to which the App is downloaded and used by you.
- "User Name" means the name of your user account.
- "License" means the license to download and use the App as set out in Section 3.1.
- "Recommended User Environment Matrix" means the third party software compatibility matrix as may be made available by us from time to time.
- "Password" or "PIN" means the password or PIN code that you shall use to protect access to the App on your Device.
- The "App" means the smart phone application developed and provided by ASSA ABLOY AB which you can use to manage digital accesses.
- "you" means you, the customer or individual, who enters into this Agreement with us upon accessing and using the App and to whom we grant the License to the App under this Agreement.
- "ASSA ABLOY", "we", "us" or "our" means the ASSA ABLOY AB (publ), a company established under the laws of Sweden.
3.1 Scope of License to use the App
The App is licensed, not sold or transferred, to you, for use only under the terms set out in this Agreement. We reserve all rights not expressly granted to you under this License. This License is granted by us to you for the App and is limited to a personal, non-exclusive, non-transferable, fully revocable, License to download the App for use on a Device while it is in your possession and under your control and as permitted by this Agreement.
The App may be periodically updated in our sole discretion. The terms of this Agreement will govern any updates and/or upgrades provided by us that replace and/or supplement the original App (and such updates and/or upgrades will consequently be part of the App), unless such update and/or upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.
4. YOUR OBLIGATION TO MANAGE USER NAME AND PASSWORD/PIN
4.1 Security and Use
You are responsible for managing your User name, including selecting a secure Password /PIN and taking all necessary precautions to keep the User name and the Password /PIN secret and secure. You will not do any of the following (i) register false information in applying for or amending your access to the App; (ii) use information of a third party without proper authorization; or (iii) allow a third party to use or access the App with your User name and Password/PIN.
4.2 Reporting Unauthorized Access
If you find that your App, User Name and/or Password/PIN is hacked or is used by a third party, you shall immediately notify us by email at: firstname.lastname@example.org and follow given instructions to address the unauthorized access. We shall not be liable for any problems or claims that may result from your failure to notify us of such a fact, or to follow given instructions.
5. YOUR UNDERTAKINGS
5.1 Lawful Use
You agree to only use the App to manage digital accesses that you are lawfully permitted to do. You shall not use the App for any unlawful, illegal or improper purposes or in order to obtain unauthorized access of any kind. You shall not let any other person use your Device to access or use the App for unlawful, illegal or improper use. Such unlawful, illegal, commercial or improper use or access is a breach of this Agreement and may be subject to criminal prosecution and/or damages.
5.2 Use Limitations
The License to the App granted in this Agreement is limited to what is expressly set out herein and explicitly restricts certain actions. You agree not to:
- use the App on any Device that you do not own or control, and you may not distribute any part of the App in any medium or make the App available over a network where it could be used by multiple devices at the same time;
- to solicit personally identifying information for commercial or unlawful purposes;
- rent, lease, lend, sell, redistribute or sublicense the App or a Device on which the App can be accessed and/or used;
- copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, or any updates or any part thereof
- delete, change or modify in any way any copyright notices or trademarks contained in the App
- use any software on the Device which may impact the functionality and security of such Device or the App
- use or launch any automated system, including without limitation, robots, spiders or other automatic device or manual process to monitor or copy the App (including “rooting” or jailbreaking the Device)
- provide to the App any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information or any content that may create liability for us or cause us to lose (in whole or in part) the services of our suppliers
- let anyone tamper with the Device in a way that might impact the functionality and security of such Device; or
- engage in any act that interferes with our business or violates the License or infringes our intellectual property rights.
Any attempt to do any of the above by you or someone to whom you have given access to your Device, is a violation by you of our rights, and, if relevant, our licensors, and is a breach of this Agreement.
5.3 Your Undertakings
You are responsible for and agree to do the following:
- Provide current, complete and accurate information for your account, and update your account information as necessary to keep it current, complete and accurate;
- Protect your Device against unauthorized access;
- Download updates and/or upgrades of the App to your Device; and
- Make sure that all settings including necessary software updates such as keeping your operating system and web-browser updated, required network communication capabilities, entries, and changes necessary to operate the App on Your Device are enabled and correct, including without limitation allowing and enabling push notifications to be sent to your Device on which the App is installed.
5.4 Compliance with Laws and Agreement
You shall comply with all applicable laws and the terms and conditions of this Agreement.
5.5 Third Party Software and User Terms
The App may require access to third party services and software such as internet connections, network connections, roaming, operating systems etc. We are not liable for any additional terms and costs of service that may apply with respect thereto and we are not responsible for the proper functionality of any such third party services or software.
For information of the App’s compatibility with third party software, please contact us via email@example.com.
5.6 Suspension of use
We may change, suspend or cease providing access to the App or any underlying system, in whole or in part: (i) for maintenance, checkup or replacement of information and telecommunication facilities, problems or disruption of communications, or other substantial reasons for operation, (ii) for its operational or technical needs, such as compromised security, difficulty in the uninterrupted provision of the App or any underlying system or decrease in the use of the App (iii) in order to transition any underlying system or incorporate new technologies, (iv) to avoid infringement on third party intellectual property rights, (v) if you violate any of your obligations or undertakings under this Agreement or interrupt the normal operation of the App or any underlying system, (vi) if suppliers or partners that we use for the provisioning of the App or any underlying system no longer provide necessary services to us and (vii) for other reasons determined to be substantial by us in our sole reasonable discretion to be good cause for such change, suspension or cessation. You agree that we shall not be liable to you or any third party for any modification or cessation of the App and shall not be responsible for compensating you or any third party except as mandated under relevant and mandatory laws.
5.7 Notification of Changes
If there is any material change in the content, method of use, or hours of use, of the App, or if the App is suspended or ceased, we will use reasonable efforts to notify and ask you to consent to the changes at least 30 days before such change, suspension or cessation. However we may for reasons outside our control need to notify and ask for your consent after such change, suspension or cessation has occurred. By not giving your consent to the update and/or the upgrade you will immediately terminate the Agreement.
While we maintain a high level of security and protection against unauthorized access to the App and the information therein, we and any other providers of products or services related to the App are not responsible for malfunctions, failures, or difficulties with the App, including, without limitation, any communications related thereto, or lost, stolen, or misdirected messages or entries, or the security of any such communications. Further, we and any other providers of products or services related to the App are not responsible for incorrect or inaccurate entry information, whether caused by you, users of your account, by any of the equipment or programming associated with the App, or by any technical or human error that may occur in the processing of any information related to the App. We and any other providers of products or services related to the App may prohibit use of the App where it appears that you has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that a reservation contains or resulted from a mistake or error.
You agree that we and any other providers of products or services related to the App are not responsible for any damages that may arise as a result of your use of or inability to use the App for any reason.
6. TERMINATION OF AGREEMENT
This Agreement is effective until terminated by either you or us. You may terminate this Agreement at any time by deletion of the App. We may terminate this Agreement at any time, for the reasons set out in Section 3-5 above, including if you fail to comply with any term(s) of this Agreement.
Upon termination of this Agreement:
- We may delete, directly or indirectly via a third party, your user account, including any information stored therein and restrict any access to the App. You hereby consent to such deletion and restriction;
- We will cease to provide support; and
- You shall immediately delete the App including all copies thereof. Your License under this Agreement will terminate automatically and you acknowledge and agree that you will no longer be able to manage digital access with the App.
7. INTELLECTUAL PROPERTY RIGHTS
The copyright, trademarks and any other intellectual property rights to the App shall belong to us.
This Agreement does not transfer to you any ownership in or to the App or copyright or to any intellectual property rights therein, but permits you only to access and use the App subject to the terms and conditions of this Agreement.
9. NO WARRANTY/AS-IS
THE THE APP ARE PROVIDED TO YOU 'AS IS' AND WITH ALL RISKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND THIRD PARTY LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARRISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, OF ACCURACY, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH REGARD TO THE APP. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT THE APP WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, SECURE OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS OR THE LIKE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE. WE WILL NOT BE LIABLE FOR LOSS OF YOUR PERSONAL DATA. YOU ARE RESPONSIBLE FOR BACKING UP YOUR PERSONAL DATA THAT YOU PROVIDE TO US FOR THE APP. YOU AGREE TO ASSUME ALL RISK OF ANY AND ALL DAMAGES AND LOSS FROM USE OF, OR INABILITY TO USE THE APP.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
NOTWITHSTANDING ANY RECOMMENDATIONS MADE BY US AS TO THE COMPATIBILITY OF THE APP WITH ANY THIRD PARTY SOFTWARE OR PRODUCTS, WE DO NOT WARRANT THAT THE APP ARE COMPATIBLE WITH SUCH THIRD PARTY SOFTWARE OR THIRD PARTY PRODUCTS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
We have no obligation to provide any updates or upgrades to the App or to fix any defect, error or bug in the App.
10. LIMITATION OF LIABILITY
We shall in no event be liable for damages, losses, liabilities or claims, unless specified otherwise under relevant laws:
- arising out of any false or inaccurate information provided by you;
- incurred by you or your properties due to a reason attributable to you or your failure to perform your obligations under this Agreement;
- resulting from a third party’s illegal or unauthorized access to or use of the Device, the App; and
- resulting from a third party’s illegal interruption or suspension of transmission to or from a server or illegal or unauthorized access to or use of a server despite our due diligence measures to prevent such access.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND THIRD PARTY LICENSORS OR SUPPLIERS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR UNAUTHORIZED ACCESS TO YOUR PROPERTY, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF ACTUAL OR ANTICIPATED PROFITS OR SAVINGS (INCLUDING LOSS OF CONTRACT), LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER PECUNARY OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, INCLUDING NEGLIGENCE OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT NOT PROHIBITED BY LAW, WE SHALL NOT BE LIABLE FOR ANY UNINTENDED OR IMPROPER USE OF THE APP AND SHALL NOT BE LIABLE FOR ANY FAILURE BY THE APP TO PERFORM AS INTENDED, IF SUCH FAILURE IS DUE TO YOUR DEVICE, ITS INCOMPATIBILITY WITH THE APP, ITS FAILURE TO FUNCTION CORRECTLY OR ANY OTHER REASON BEYOND OUR CONTROL.
YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST ASSA ABLOY, OUR AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE APP AND/OR ANY RELATED PRODUCTS OR SERVICES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED AN AMOUNT EQUIVALENT TO THE TOTAL AMOUNT PAID BY YOU FOR THE APP DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT CAUSING YOUR CLAIM FOR DAMAGES. THE FOREGOING LIMITATION WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS DECLARED INVALID OR INAPPLICABLE.
YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST US WITHIN SIX (6) MONTHS OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Any failure by us to enforce this Agreement or any part hereof shall not mean a waiver of our right to do so.
YOU AGREE TO DEFEND, INDEMNIFY, RELEASE AND HOLD US AND OUR OFFICERS, DIRECTORS, SUPPLIERS, SERVICE PROVIDERS, CO-BRANDERS OR OTHER PARTNERS, AGENTS AND EMPLOYEES AND OUR AFFILITIATES HARMLESS FROM AND AGAINST ALL LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE FEES OF ATTORNEYS AND OTHER PROFESSIONALS, RELATED TO OR RESULTING FROM YOUR BREACH OF THIS AGREEMENT OR YOUR ACTS OR FAILURE TO ACT IN ACCORDANCE WITH YOUR OBLIGATIONS UNDER THIS AGREEMENT, EXCEPT TO THE EXTENT THAT SUCH LIABILITIES ARISE FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN THE EVENT YOU PROVIDE REGISTRATION OR OTHER INFORMATION THAT IS UNTRUE, INACCURATE, FRAUDULENT OR OUT OF DATE, YOU AGREE TO INDEMNIFY US FOR AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LIBILITY, DAMAGES, LOSS OR EXPENSES IT MAY INCUR, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, TAXES, PENALTIES OR SANCTIONS, INTEREST, FEES, COSTS AND EXPENSES OF ANY NATURE ARISING FROM OR RELATED TO ANY CLAIM, DEMAND, ACTION OR PROCEEDING ALLEGED OR INITIATED AGAINST US BY ANY THIRD PARTY BASED UPON SUCH INFORMATION. THESE DEFENSE AND INDEMNIFICATION OBLIGATIONS WILL SURVIVE THESE TERMS AND YOUR USE OF THE APP.
12. EXPORT CONTROL
You may not use or otherwise export or re-export the App except as authorized by applicable law. By using the App, you represent and warrant that you are not located or will use the App in any country to which export or re-export is prohibited under applicable law (such as a country subject to U.S. Government embargo) and that you are not listed on any U.S. Government, EU, UN or any other relevant government list of prohibited or restricted parties and will not export, resell or grant access or use rights to the App to any such targeted person, or without any required export licenses and approvals. You also agree that you will not use the App for any purposes prohibited by law and in no event will be used for the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
13. NOTICES AND AMENDMENT OF TERMS AND CONDITIONS
We may amend this Agreement in our sole discretion. If we consider the changes to be material, you will be notified of such changes through the App. By continuing to use the App after such notification, you expressly acknowledge and accept the changes.
You must agree to the changes in the Agreement if you are to continue to be able to access and use the App. If you do not agree to the changes in the Agreement and such non-agreement affects our possibility to enable you to access and use the App, we may terminate the Agreement and your License to the App.
We may assign all or part of our rights and obligations under this Agreement to any company or companies’ part of the ASSA ABLOY group.
15. GOVERNING LAW
This Agreement is governed by the laws of Sweden.
16. CONTACT DETAILS
If you have questions regarding the App or this Agreement, or wish to report an error in the App, you are welcome to contact us via: firstname.lastname@example.org
End User License Agreement
Copyright © 2018 ASSA ABLOY