CLIQ CONNECT LICENSE AND USER AGREEMENT
1 - BASIC INFORMATION
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THESE TERMS BEFORE USING THE CLIQ CONNECT APP AND THE SERVICES. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THE CLIQ CONNECT APP AND THE SERVICES IMMEDIATELY.
BY USING THE CLIQ CONNECT 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 CLIQ CONNECT APP.
2 - DEFINITIONS
The terms used in this Agreement shall be defined as follows:
means this CLIQ Connect License and User Agreement.
“Device” means a smart phone or portable device with network communication, to which the CLIQ Connect App is downloaded and which is used for the Services.
“License” means the license set out in Section 3 to use the CLIQ Connect App and the Services.
“CLIQ Connect App” means the smart phone application developed and/or provided by Us, which You need to install in order to use the Services and which is Your tool to activate the Services.
“Password” or “PIN” means the password or PIN code that You may use to protect access to the Services on Your Device.
“Services” means the services provided under this Agreement to allow You to use Your Device to update and/or use physical keys compatible with CLIQ Connect, purchased under a separate agreement.
“You” means You, the customer or individual, who enters into this Agreement with Us upon accessing and using the Services that We provide under this Agreement.
“We”, “Us” or “Our” means the ASSA ABLOY group company from which You obtained Your license to use the CLIQ Connect App and the Services together with any other companies within the ASSA ABLOY group, collectively or individually.
3 - GRANT OF LICENSE
3.1. Scope of license
The CLIQ Connect App and Services are licensed, not sold or transferred, to You for use only under the terms of the license set out in this Agreement (the “License”). We reserve all rights not expressly granted to You under this License. This License is granted by Us to You for the CLIQ Connect App and the Services and is limited to a personal, non-exclusive, non-transferable, fully revocable license to use the CLIQ Connect App and the Services for use on a Device while it is in Your possession and under Your control and as permitted by this Agreement.
The CLIQ Connect App or the Services 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 CLIQ Connect App or Services (and such updates and/or upgrades will consequently be part of the CLIQ Connect App), unless such update and/or upgrade is accompanied by a separate license in which case the terms of that license will govern. The first time You access the CLIQ Connect App after such update and/or upgrade You will be asked to consent to the update and/or upgrade. By not giving Your consent to the update and/or the upgrade You will immediately terminate the Agreement.
4 - YOUR OBLIGATION TO MANAGE PASSWORD/PIN
4.1. Security and Use
You are responsible for selecting a secure Password and/or PIN and taking all necessary precautions to keep the Password and/or PIN secret and secure. You will not (i) register false information in applying for or amending Your access to the Service; (ii) use information of a third party without proper authorization; or (iii) allow a third party to use Your account or a right to access the CLIQ Connect App or Services.
4.2. Reporting Unauthorized Access
If You find that Your Password or PIN is compromised or is used by a third party, You shall immediately notify your local CLIQ reseller or ASSA ABLOY representative.
5 - YOUR UNDERTAKINGS
5.1. Lawful Use
You agree to use the CLIQ Connect App exclusively with the Services in order to update and/or use physical keys compatible with CLIQ Connect that You are entitled to update and/or use. You shall not use the CLIQ Connect App or Services 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, the CLIQ Connect App or Services 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 provided in this Agreement is limited to what is expressly set out herein and explicitly restricts certain actions. You agree not to:
- use the CLIQ Connect App or Services on any Device that You do not own or control, and You may not distribute any part of the CLIQ Connect App or Service in any medium or make the CLIQ Connect App or Services available over a network where they 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 CLIQ Connect App or Services or a Device on which the CLIQ Connect App is installed
- copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the CLIQ Connect App or Services, any updates, or any part thereof;
- delete, change or modify in any way any copyright notices or trademarks contained in the CLIQ Connect App or Services;
- download any software to the Device which may impact the functionality and security of such Device, the CLIQ Connect App or Services (including “rooting” or “jailbreaking” the Device);
- use or launch any automated system, including without limitation, robots, spiders or other automatic device or manual process to monitor or copy the CLIQ Connect App;
- provide to the CLIQ Connect App any viruses, worms, time bombs, and/or other computer programming routines that are intended 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 its suppliers.
- let anyone tamper with Your Device in a way that may 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 when creating 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 CLIQ Connect App to Your Device; and
- make sure that all settings, required network communication, entries, and changes necessary to operate the CLIQ Connect App or Services on Your Device are enabled and correct.
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 User Terms
The CLIQ Connect App or Services may require access to third party services such as mobile network connection, roaming 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.
6 - PROVISION OF SERVICES
6.1. Service Offering
We shall aim to provide the Services continuously and with stability. If necessary for the provision of Services, We may conduct maintenance affecting the Services.
6.2. Suspension or change of Services
We may change, suspend or cease the Services that We provide, 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 Services or decrease in the use of the Services, (iii) in order to transition the Services 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 Services, (vi) if suppliers or partners that We use for the provision of the CLIQ Connect App or Services no longer provide necessary services to Us and (v) 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 Service and shall not be responsible for compensating You or any third party except as mandated under relevant laws.
6.3 Notification of Changes
If there is any material change in the content, method of use, or hours of use, of the Services, or if the Services are suspended or ceased, We will use reasonable efforts to notify You of such change, suspension or cessation.
We and any other providers of products or services related to the Services are not responsible for malfunctions, failures, or difficulties with the Services, 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 CLIQ Connect App or Services 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 Services and/or the CLIQ Connect App, or by any technical or human error that may occur in the processing of any information related to the Services and/or the CLIQ Connect App. We and any other providers of products or services related to the Services or the CLIQ Connect App may prohibit use of the Services 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 Services are not responsible for any damages that may arise as a result of Your use of or inability to use these Services for any reason.
6.5 Push Notifications
We may use push notifications in order to enhance the functionality of the Services. You hereby acknowledge that by not allowing and enabling push notifications to be sent to Your Device, the functionality of the Services may be negatively affected.
7 - TERMINATION OF AGREEMENT
7.1. This Agreement is effective until terminated by either You or Us. You may terminate this Agreement at any time by deleting the CLIQ Connect App. We may terminate this Agreement at any time, for the reasons set out in Section 3-6 above, including if You fail to comply with any term(s) of this Agreement.
7.2. Upon termination of this Agreement:
- We may delete, directly or indirectly via a third party, the CLIQ Connect App and any applications which are provided for the Service and stored in Your Device. You hereby consent to such deletion;
- We will cease such issuance or provide support; and
- You shall immediately cease all use of the CLIQ Connect App or Services, and delete all copies, full or partial, of the CLIQ Connect App or Services provided to You. Your right under the License will terminate automatically and You acknowledge and agree that You will no longer be able to control access to doors, equipment and other items.
8 - INTELLECTUAL PROPERTY RIGHTS
8.1. The copyright, trademarks and other intellectual property rights to the CLIQ Connect App and Services shall belong to Us.
8.2. This Agreement does not transfer to You any ownership in the CLIQ Connect App or Services or copyright or intellectual property rights therein, but permits You to use the CLIQ Connect App and Services subject to the terms and conditions of this Agreement.
9 - NO WARRANTY/AS-IS
THE CLIQ CONNECT APP AND SERVICES 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 ARISING 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 CLIQ CONNECT APP OR SERVICES. WE DO NOT WARRANT THAT THE CLIQ CONNECT APP OR SERVICES WILL MEET YOUR REQUIREMENTS, THE SERVICES 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 SERVICES 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 SERVICES. YOU AGREE TO ASSUME ALL RISK OF ANY AND ALL DAMAGES AND LOSS FROM USE OF, OR INABILITY TO USE, THE CLIQ CONNECT APP OR SERVICES.
WE CANNOT GUARANTEE THAT THE CLIQ CONNECT APP AND SERVICES ARE COMPATIBALE WITH, AND WILL WORK ON, ALL DEVICES. THIS MEANS THAT THE CLIQ CONNECT APP AND SERVICES MIGHT NOT WORK WITH YOUR DEVICE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGES.
Some jurisdictions 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 jurisdiction to jurisdiction.
We have no obligation to provide any updates or upgrades to the CLIQ Connect App or Services or to fix any defect, error or bug in the CLIQ Connect App or the Services.
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 Your Device, the CLIQ Connect App or Services; 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.
10.1. 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 CLIQ CONNECT APP OR SERVICES, 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.
10.2. TO THE EXTENT NOT PROHIBITED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY UNINTENDED OR IMPROPER USE OF THE CLIQ CONNECT APP AND SERVICES AND SHALL NOT BE LIABLE FOR ANY FAILURE BY THE CLIQ CONNECT APP OR SERVICES TO PERFORM AS INTENDED, IF SUCH FAILURE IS DUE TO YOUR DEVICE, ITS INCOMPATIBILITY WITH THE CLIQ CONNECT APP OR SERVICES, ITS FAILURE TO FUNCTION CORRECTLY OR ANY OTHER REASON BEYOND THE CONTROL OF US.
10.3. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US, OUR AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THESE SERVICES, THE CLIQ CONNECT APP AND/OR ANY RELATED PRODUCTS OR SERVICES.
10.4. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF TEN EURO (€ 10.00). THE FOREGOING LIMITATION WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS DECLARED INVALID OR INAPPLICABLE.
10.5. 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.
10.6. Any failure by Us to enforce this Agreement or any part hereof shall not mean a waiver of Our right to do so.
11 - INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, RELEASE AND HOLD US AND OUR OFFICERS, DIRECTORS, SUPPLIERS, SERVICE PROVIDERS, CO-BRANDERS OR OTHER PARTNERS, AGENTS AND EMPLOYEES HARMLESS FROM AND AGAINST ALL LIABILITIES, 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 CLIQ CONNECT APP.
12 - EXPORT CONTROL
You may not use or otherwise export or re-export the CLIQ Connect App or Services except as authorized by applicable law. By using the CLIQ Connect App or Services, You represent and warrant that You are not located or use the Services 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 or resell the CLIQ Connect App to any such targeted person, or without any required export licenses and approvals. You also agree that You will not use the CLIQ Connect App or Services 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
13.1. We may amend this Agreement at Our discretion. If We consider the changes to be material, You will be notified of such changes through the Service. By continuing to use the CLIQ Connect App or Services after such notification, You expressly acknowledge and accept the changes.
13.2. You must agree to the changes in the Agreement if You are to continue to receive the Services. If You do not agree to the changes in the Agreement and such non-agreement affects Our possibility to provide the CLIQ Connect App or Services, We may terminate the Agreement and Your license to receive the Services.
14 - ASSIGNMENT
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, without regard to choice or conflict of law principles.
16 - CONTACT DETAILS
If You have questions regarding the CLIQ Connect App or Services or this Agreement, or wish to report an error in the CLIQ Connect App or the Services, You should contact the person or entity from whom You or Your employer/contractor purchased the license to use the CLIQ Connect App and Services.
17 - THIRD PARTY BENEFICIARY
You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof.
License Agreement Revision: 2016-04-27