Third Party Services and Open Source Software:  Sometimes when you use the App you may (as a result of, or through your use of the App) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms of Use do not affect your legal relationship with these other companies or individuals. If the App contains a third party software or component or an open source software or component then the use of such software or component shall be subject to the terms of use of such third party software or component or such open source software or component. Your license rights under these Terms of Use do not include any right or license to use, distribute or create derivative works of the App in any manner that would subject the App to Open Source Terms. "Open Source Terms" means the terms of any license that require as a condition of use, modification and/or distribution of a work, the making available of source code or other materials preferred for modification, and/or the granting of permission for creating derivative works, and/or the reproduction of certain notices or license terms in derivative works or accompanying documentation, and/or the granting of a royalty-free IP license to any party.

Amendments: These Terms of Use may be amended by Philips OEM at any time. By continuing to access or use the App after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review these Terms of Use and related terms and conditions, if any. 

Affiliates: For purposes of these Terms of Use, the term "Philips OEM" may also be construed to include affiliates of Signify Netherlands B.V. (“Affiliates”), which include Signify Netherlands B.V. and any and all companies, firms and legal entities with respect to which now or Signify Netherlands B.V. directly or indirectly holds (i) 50% or more of the nominal value of the issued share capital; or (ii) ownership interest; and/or (iii) 50% or more of the voting power at general meetings; and/or (iv) has the power to appoint a majority of directors; and/or (v) to otherwise direct their activities and activities of such other companies, firms or legal entities as may be appointed by Signify Netherlands B.V. Without limiting the generality of the foregoing, the term "Philips" or "we" shall be deemed to include Signify Netherlands B.V.

Right to access and use: Philips OEM grants you a personal, non-exclusive, non-transferable, revocable and limited right solely to access the App, to download and use the App’s software and service, and to access the content of the App (“Content”) according to these Terms of Use.

Restrictions: You shall not, and you shall not permit any third party to (a) reverse engineer, decompile, or disassemble the App, except to the extent that applicable law expressly prohibits the foregoing restriction; or (b) modify or adapt the App, merge the App into another program or create derivative works based upon the App. You agree to (a) not use the App in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (b) use the App only as intended by Philips OEM and strictly in compliance with these Terms of Use; (c) not use the App in any manner that could harm Philips OEM, its licensors, its service providers, or any other person; (d) not republish, reproduce, distribute, display, post or transmit any part of the App, and (e) comply with any other reasonable requirements or restrictions requested or imposed by Philips OEM at any time; (f) publish and/or post any abusive, obscene or inappropriate content on the App; (g) introduce any viruses or attempt to disable or circumvent any security settings of the App. You assume full responsibility for the legal and responsible use of the App.

Upgrades, updates: Philips OEM may, at its sole option, make upgrades or updates to the App for seamless service, and may do so remotely without notifying you. Updates, upgrades or changes are subject to these Terms of Use, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern. If you do not want such updates or upgrades, your sole remedy is to cease using the App altogether.

Support: For any questions and support with regards to the App, please contact Philips OEM at portalmanager@signify.com  or via website: http://www.lighting.philips.co.uk/oem-emea/my-technology-portal/about-my-technology-portal.

Disclaimer of Warranties: ALL CONTENT AND USER GENERATED CONTENT (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE". PHILIPS OEM AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF ANY WEB SITE AND THE APP, THE CONTENT OR USER CONTENT. NEITHER PHILIPS OEM NOR ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS WARRANTS OR MAKES ANY REPRESENTATIONS THAT (I) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP (INCLUDING ANY INFORMATION AND MATERIALS OR CONTENT ON OR IN THE APP) WILL BE CORRECT, COMPLETE, ACCURATE, RELIABLE, OR OTHERWISE MEET YOUR REQUIREMENTS. YOU AGREE THAT FROM TIME TO TIME PHILIPS OEM MAY REMOVE OR CHANGE CERTAIN SERVICES AND/OR FEATURES OF THE APP FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AND/OR APP AT ANY TIME. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE APP AND/OR RELATED SERVICES IS AT YOUR SOLE RISK.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PHILIPS OEM, OR ANY AFFILIATES OR OWNERS OR LICENSORS OF, OR AUTHOR OR CONTRIBUTORS TO, THE SOFTWARE OR APP , BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; BUSINESS INTERRUPTION; OR PERSONAL INJURY OR DEATH; LOSS OF CONTENT PROVIDED BY YOU OR ANY DAMAGES RELATING TO YOUR FAILURE TO KEEP YOUR ACOUNT INFORMATION OR PASSWORD SECURE) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE APP OR THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHILIPS OEM OR ITS AFFILIATES’ OR IT’S LICENSORS’ AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OF USE OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND APP OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE FEE PAID BY YOU FOR THE APP OR EURO FIFTY (50 €) WHICH EVER IS HIGHER.  SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Your Indemnity: By using the App, you agree, to the maximum extent permitted by applicable law, to indemnify and hold Philips OEM, its Affiliates, subsidiaries, , licensors, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns harmless with respect to any claims, damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs)  that arise out of the posting, content, or transmission of any message, data, material or any other content you submit on the App or any violation of these Terms of Use by you.

Confidentiality: This App, including any information, software, materials and/or Content on or in the App (“information”) are all confidential information of Philips OEM. You shall not discuss, exchange, share, disclose and/or otherwise make the information available with and/or to any third party without Philips OEMs’ prior written approval, which may be withheld or delayed in Philips OEM’s sole discretion.

Ownership and intellectual property rights: Copyrights and all other intellectual property rights in the App and the Content provided by Philips OEM, its Affiliates, licensors, and/or partners, the compilation of data on the App, and the order, sequence and arrangement of this App, are solely owned by Signify Netherlands B.V. and / or its  Affiliates, partners or licensors. All rights are reserved. You may not use the Content and the App other than expressly permitted in these Terms of Use. Philips OEM and its Affiliates or its licensors retain ownership of all its rights in Content and in and to the App, and except as expressly set forth herein, no other rights or licenses are granted or implied to be granted under any Philips OEM intellectual property.

Termination: These Terms of Use shall terminate with or without notice (i) at the discretion of Philips OEM, due to your failure to comply with any provision of these Terms of Use; or (ii) if any fee charged by Philips OEM for continued use is not paid in due time; or (iii) upon destruction of your installed copy of the App; or (iv) upon discontinuation of the App by Philips OEM for any reasons whatsoever. Philips OEM’s rights and your obligations shall survive the termination of these Terms of Use.

Jurisdiction: These Terms of Use shall be construed, interrupted and governed by the laws of the Netherlands without regard to conflicts of law provisions thereof.  Any litigation arising from or relating to these Term of Use shall be filed and prosecuted exclusively before a court of competent subject matter jurisdiction in Amsterdam, however, Philips OEM may enforce its or its Affiliates’ intellectual property rights in any court of competent jurisdiction, including but not limited to equitable relief. You hereby consent to the jurisdiction of such courts over you and stipulate to the convenience, efficiency and fairness of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts based on the alleged inconvenience, inefficiency or unfairness of such courts. 

Export: You will adhere to all applicable domestic and foreign export control laws and regulations and will not export or re-export any party of (the content of) the App disclosed hereunder without having obtained all required national and international government licenses, approvals, or waivers. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Miscellaneous: These Terms of Use shall constitute the entire agreement between the parties hereto.  In the event that you have any other agreement(s) with Philips OEM those agreements are separate and apart from these Terms of Use and these Term of Use shall control the software licensed hereunder and your use and access to the App.  Any waiver of these Terms of Use shall only be effective if it is in writing and signed by both parties hereto.  If any part of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms of Use shall be interpreted so as to reasonably effect the intention of the parties.