Licensed Application End User License Agreement
PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND USING THE BT SMART AUDIO BABY MONITOR APPLICATION.
BT Smart Audio Baby Monitor Application is operated and provided by Belkin International, Inc.
Belkin International, Inc. ("Belkin") thanks you for choosing one of our BT Smart Audio Baby Monitor products (each, a "Baby Monitor"). This End User License Agreement (this "Agreement") covers your use of the BT Smart Audio Baby Monitor Application (together with its content and services, the "App"), which such App may be used in connection with Baby Monitors and certain mobile devices that you own and control, upon which you have installed the App (each, a "Device").
By choosing to install and/or use the App, you expressly acknowledge and agree that you are entering into a legal agreement with Belkin and Evo Inc., ("Evo" and, together with Belkin, "Licensor" or "we"), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this Agreement. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not install or use the App.
If you do not wish to be bound by the terms and conditions set out in this Agreement, refrain from using the App and uninstall the App from the Baby Monitor and all Devices prior to any use thereof.
WHEN USING THE APP, ANY BABY MONITOR AND/OR ANY DEVICE, YOU ACKNOWLEDGE AND AGREE THAT:
(I) THE APP, BABY MONITORS AND/OR DEVICES ARE NOT SUBSTITUTES FOR THE RESPONSIBLE PARENTAL/ADULT SUPERVISION OF A CHILD.
(II) THE APP, BABY MONITORS AND/OR DEVICES ARE SUBJECT TO TECHNICAL OR OTHER FAULTS, BOTH WITHIN AND BEYOND OUR CONTROL (FOR EXAMPLE, AN INTERNET OR TELECOMMUNICATIONS DISRUPTION OR LOSS OF ELECTRICITY OR BATTERY).
(III) THE APP, BABY MONITORS AND/OR DEVICES SHOULD NOT BE PLACED IN THE SAME CRIB, COT OR BED AS A CHILD; THE RECOMMENDED DISTANCE FOR OPTIMAL USE IS ONE (1) TO EIGHT (8) FEET AWAY FROM A CHILD.
(IV) YOUR USE OF THE APP, BABY MONITORS AND/OR DEVICES IS ENTIRELY AT YOUR RISK.
(V) Any information that you obtain in connection with the App (including, without limitation, in connection with the Monitoring and Notification Services (as defined below) and any data regarding the sleep patterns of a child) is not intended to constitute medical advice. IF YOU HAVE ANY CONCERN REGARDING THE SLEEP PATTERNS, HEALTH, BEHAVIOR, OR CONDUCT OF A CHILD WE ADVISE THAT YOU SEEK APPROPRIATE MEDICAL OR OTHER PROFESSIONAL ATTENTION.
1. Ability to Accept. The App is only intended and available for individuals aged 18 years or older. If you are under 18 years please do not install or use the App.If it comes to our attention through reliable means that a registered user is under the age of 18 years, wemay, to the extent applicable, cancel that user's Account(as defined below) and/or access to the App.
2. License. Subject to the terms and conditions of this Agreement, Licensor hereby grants you a personal, non-exclusive, non-sublicensable, non-assignable, non-transferable license ("License") to install and use one copy of the App on an Apple (defined below) iPhone, iPod Touch, iPad, or other applicable Apple device, that you own or control and only as permitted by the usage rules set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement (the "Usage Rules"), which you acknowledge you have had the opportunity to review and understand.
3. License Restrictions. You will only use the App for the purpose of monitoring a Child (as defined below) and using the services (the "Service") that we provide in connection with the App and/or a website that we operate in connection with the App (the "Site"). You agree not to, and shall not permit any third party to (i) rent, lease, lend, sell or redistribute the App or make it available over a network where it could be used by multiple devices at the same time; (ii) copy (except as expressly permitted herein and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the App, any updates, or any part thereof (except to the extent that any foregoing restriction is prohibited by applicable law); (iii) except as expressly set forth herein, copy, distribute or modify any part of the Content (defined below) without our prior written authorization; (iv) use the App to transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) use or launch any automated system (including without limitation, "robots" and "spiders") to access the App; (vi) use the App to collect or harvest any third party's personally identifiable information, including account names or e-mail addresses; (vii) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the App; (viii) use the communications systems provided by the App to send unauthorized commercial communications; and/or (ix) use the App (a) to invade the privacy rights of any third party, (b) for any unlawful, harmful, irresponsible, or inappropriate purpose, and/or (c) in any manner that breaches this Agreement. "Child" meansyour(including if you are a legal guardian) child or a minor for whom you have obtained parental (or legal guardian) consent.
4. Account. In order to use the App, you have to create an account (an "Account"). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Licensor immediately of any breach of security or unauthorized use of your Account. As between you and Licensor, you are solely responsible and liable for the activity that occurs in connection with your Account. You may delete your Account at any time by following the options within the App.
5. Consent to Data Collection and Use. You agree that Licensor may collect and use technical data and information related to error detection and troubleshooting that is gathered periodically via the App when a problem is detected with a Baby Monitor or the App. Such information is gathered solely to facilitate the provision of bug detection and error correction related to any Baby Monitor and/or the App. Licensor may use this information for such purposes, as long as it is in a form that does not personally identify you, to improve its products or software.
6. Storage of Device Activity on Cloud. By using the App, you acknowledge and agree that certain device activity information relating to Baby Monitors will be transmitted to and stored on Belkin's Cloud in order to provide better functionality. Such information will be limited to generalized activity information. For the purposes hereof, "Cloud" means a technical environment delivering hosted services and resources over the internet in which the services and resources can be accessed in a manner that permits such services and resources to be made available "on demand", scaling up or down, to the processing needs of the user over time.
7. Open Source Software. You hereby acknowledge that the App may contain Open Source Software (as defined below). You agree to review any documentation that accompanies your Baby Monitor(s) and the App or is identified in the documentation for your Baby Monitor(s) or the App in order to determine which portions of the App are Open Source Software and are licensed under an Open Source Software license. To the extent any such license requires that Licensor provide you the rights to copy, modify, distribute or otherwise use any Open Source Software that are inconsistent with the limited rights granted to you in this Agreement, then such rights in the applicable Open Source Software license shall take precedence over the rights and restrictions granted in this Agreement, but solely with respect to such Open Source Software. You acknowledge that the Open Source Software license is solely between you and the applicable licensor of the Open Source Software. You shall comply with the terms of all applicable Open Source Software licenses, if any. Copyrights to the Open Source Software are held by the copyright holders indicated in the copyright notices in the corresponding source files or as disclosed at https://www.belkin.com.
For the purposes hereof, "Open Source Software" means any software or software component, module or package that contains, or is derived in any manner (in whole or in part) from, any software that is distributed as free software, open source software or similar licensing or distribution models, including, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (a) GNU's General Public License (GPL) or Lesser/Library GPL (LGPL); (b) the Artistic License (e.g., PERL); (c) the Mozilla Public License; (d) the BSD License; and (e) the Apache License.
8. Intellectual Property Rights.
8.1. The App is licensed and not sold to you under this Agreement and you acknowledge that Licensor and its licensors retain all title, ownership rights and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the App (and its related software).
8.2. The content on the App, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services and User Submissions (collectively, the "Content") and the trademarks, service marks and logos contained therein ("Marks"), are the property of Belkin, Evo and/or their respective licensors and may be protected by applicable copyright or other intellectual property laws and treaties. We reserve all rights not expressly granted in and to the App and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. All trademarks, service marks, and logos used on the Service and the App are the trademarks, service marks, or logos of their respective owners.
8.3. Licensor and you acknowledge that in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim.
9. User Submissions.
9.1. The App permits the submission, hosting, sharing and publishing of Content by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the App (including User Submissions) at any time and for any reason.
9.2. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Licensor to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the App and this Agreement. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in your User Submissions.
9.3. However, by submitting the User Submissions to Licensor, you hereby grant Licensor a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the App and Service, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof), and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Service a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with this Agreement.
9.4. You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
