Zonescape App
Terms of Use

END-USER LICENSE AGREEMENT


Thank you for downloading the ZoneScape outdoor lighting app (the “App”)! This App is designed to allow you to remotely control and managethe ZoneScape outdoor lighting product (the "Product”). This App is offered to you by Philips Lighting North America Corporation, a Delaware corporation with a business address of 200 Franklin Square Drive, Somerset, New Jersey, 08873 ("Philips").

 

Please note that your use of and interaction with the App is subject to the terms and conditions of this End User License Agreement, including the Privacy Notice. By downloading, installing and using the App, you (“You” or the “User”) acknowledge and agree to be bound by this End-User License Agreement. Should User not acknowledge and agree to this End-User License Agreement, User must immediately uninstall this App and discontinue its use.

 

User hereby acknowledges that this End-User License Agreement is entered into by and between Philips and User, and not with Apple, Inc. or its subsidiaries (collectively, “Apple”). User further acknowledges that Apple has no obligation to furnish any maintenance or support services with respect to the App or the Product.

Privacy: Philips’ Privacy Notice explains how Philips treats User’s information and protects your privacy when using the App.

 

License: Subject to the terms contained herein, Philips grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal use only on an Apple iPhone, iPad, or iPod Touch (“iOS Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with this End-User License Agreement. Any use of this App in any other manner, including, without limitation, resale, transfer, modification or distribution of the App or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the App, is prohibited.

 

License Restrictions: User agrees to the following license restrictions: (a) to not use the App in any manner that could damage, disable, overburden, or impair the App (or servers or networks connected to the App), nor may you use the App in any manner that could interfere with any other party’s use and enjoyment of the App (or servers or networks connected to the App); (b) to not duplicate, copy or distribute the App except as necessary to use it on your iOS Device; (c) to not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party; (d) to not copy the written materials accompanying the App; (e) to not modify, translate, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App in order to build a similar or competitive product or service; and (f) to preserve all copyright and other proprietary rights notices on the App and all copies thereof; and (g) to be solely responsible for User’s use of the App, including any breach of User’s obligations under this End-User License Agreement, and for the consequences (including any loss or damage which Philips may suffer) of any such breach.

 

Third party Content: It is possible that when you use this App you will (also) use a service, download a piece of software, or purchase goods that are provided by a third party. Please know that those third parties may have their own applicable rules and restrictions, separate from these conditions of use. Philips has no control over, and accepts no responsibility for, the content of any website or mobile application to which a link from this App exists (unless Philips is the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party website or mobile application to which the App provides a link. The terms and conditions, terms of use and privacy policies of those third party websites and mobile applications will apply to your use of those websites and mobile applications and any orders you make for goods and services via such websites and mobile applications. If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

 

Indemnification: User agrees to indemnify and hold harmless Philips, including its agents, affiliated, parent and subsidiary companies (including successors and assigns), and their employees, contractors, directors, and officers, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the App, violation of this End-User License Agreement, or violations of any rights of a third party, or any allegation thereof. Philips reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

No Warranties; Limitation of Liability: USER ASSUMES ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP.THE APP IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, PHILIPS DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE APP, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. PHILIPS DOES NOT WARRANT USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. PHILIPS DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP. PHILIPS HAS NO DUTY TO UPDATE OR MODIFY THE APP AND PHILIPS IS NOT LIABLE FOR ITS FAILURE TO DO SO.

 

IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL PHILIPS, INCLUDING ITS AGENTS, AFFILIATED, PARENT AND SUBSIDIARY COMPANIES (INCLUDING SUCCESSORS AND ASSIGNS) OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF PHILIPS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PHILIPS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE PURCHASE PRICE PAID FOR THE APP, IF ANY.


SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, PHILIPS SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.

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 juli.megonnell@philips.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.

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