User Content: “User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that User submits to this App and website, for whatever purpose. User grants to Philips a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. User also grants to Philips the right to sub-license these rights, and the right to bring an action for infringement of these rights. User content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against User or Philips or a third party (in each case under any applicable law). User must not submit any User Content to the App that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Philips reserves the right to edit or remove any material submitted to this App, or stored on Philips’ servers, or hosted or published on this App. Notwithstanding Philips’ rights in relation to User Content, Philips does not undertake to monitor the submission of User Content to, or the publication of such content on, this App or any other medium.
Applicable Law: This End-User License Agreement, including the Privacy Notice, shall be construed, interpreted and governed by the laws of the State of New Jersey, without regard to its conflicts-of-law provisions.
Severability: If any portion(s) of this End-User License Agreement is/are deemed invalid, void, or for any reason unenforceable, then said portion(s) shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions of this End-User License Agreement. Failure of Philips to exercise or enforce any right or provision of this End-User License Agreement shall not constitute a waiver of such right or provision in that or any other instance. Only a specific, written waiver signed by an authorized representative of Philips shall have any legal effect as a waiver by Philips of any of the terms of this End-User License Agreement.
Modification: Philips reserves the right to change or modify this End-User License Agreement or any other Philips’ terms, conditions, or policies related to use of the App (including the Privacy Notice) at any time and at its sole discretion by posting revisions within this App. Continued use of the App following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications.
Intellectual Property: User acknowledges that no title to any intellectual property in the App is transferred to User. User further acknowledges that title and full ownership to the App will remain exclusive property of its owner(s), and User will not acquire any rights to the App except as expressly set forth and agreed to herein.
Prohibited Use: Your use of this App is expressly limited to its contemplated functionality. This App shall not be used in any way that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) employs or encourages conduct that would constitute a criminal offense or that might give rise to civil liability; (g) violates this End-User License Agreement in any manner; or (h) fails to comply with applicable third-party terms and conditions or other third-party policies.
Third-Party Beneficiary: Apple is a third-party beneficiary to this End-User License Agreement. Upon your acceptance of same, Apple, as a third-party beneficiary, will have the right (and will be deemed to have accepted the right) to enforce this End-User License Agreement against you.
Customer Support: Apple is not responsible for the App or its content, or for addressing any questions, comments or claims relating to the App. Therefore you should contact Philips via email@example.com - 1-866-913-2726 for any questions, support, or other issues related to this App. Notwithstanding anything else contained herein, in the event of any failure of the App to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the App to User.
Restricted Territories: 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. Also you irrevocably grant Apple the right (who will be deemed to have accepted that right) to enforce these conditions against you as a third party beneficiary thereof.
Termination. This Agreement shall be effective upon installation or first use of the App and shall terminate (i) at the discretion of Philips, due to User’s failure to comply with any term of this End-User License Agreement; or (ii) upon destruction of all copies of the App and related materials provided to User by Philips hereunder. Philips’ rights, and User’s obligations, shall survive the termination of this End-User License Agreement.