*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By opening and/or using WiseHome (“the Software”) containing this software as a service or mobile apps, you agree that this End User 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 ICYLOG EOOD (“the Developer”) your use of the Software indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, the Developer grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use the Software and provided service in accordance with this Agreement and any other written agreement with the Developer. The Developer does not transfer the title of the Software to you; the license granted to you is not a sale. This agreement is a binding legal agreement between the Developer and the users of the Software.
If you do not agree to be bound by this agreement, remove the Software from all your devices now and, if applicable, promptly delete all copies of the Software and related documentation and packaging in your possession.
the Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of the Software contact the Developer.
You shall use the Software in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of the Software together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
This Software contains copyrighted material, trade secrets and other proprietary material.
ICYLOG's and WiseHome's name, logo and graphics files that represent the Software and the Hardware shall not be used in any way to promote third-party products. The Developer retains sole and exclusive ownership of all rights, title and interest in and to the Software and the Hardware and all Intellectual Property rights relating thereto.
You will indemnify, hold harmless, and defend The Developer, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of the Software.
In no event (including, without limitation, in the event of negligence) will the Developer, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Software or the use or inability to use the Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Except as expressly stated in writing, the Developer makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
This Agreement shall be governed by the law of the Bulgaria applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Bulgaria therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL the Developer OR THE AUTHORS OR COPYRIGHT HOLDERS IN THE SOFTWARE BE LIABLE FOR ANY CLAIM, DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES) OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE.
You agree that the Developer may collect and use information gathered in any manner as part of usage of the product and product support services provided to you, if any, related to the Software. The Developer may also use this information to provide notices to you which may be of use or interest to you. By receiving, opening the file package, and/or using the Software you agree to the Privacy policy about the personal data that may be processed or collected during the usage of the Software.