END USER LICENSE AGREEMENT
END USER LICENSE AGREEMENT
Wallflower End User License Agreement
Use of Wallflower® Software and the Wallflower® Service is governed by this End User License Agreement (“Agreement”). Your acceptance of this Agreement, as set forth below, creates a binding legal agreement between you and Wallflower Labs Inc. (“Wallflower”), a Delaware corporation, having its principal place of business at 1 Thompson Square, Charlestown, MA 02129. Please read this Agreement carefully.
1. WALLFLOWER SOFTWARE AND WALLFLOWER SERVICE. Use of the Wallflower Service and the following software (collectively, “Wallflower Software”) is governed by this Agreement.
1.1 The Wallflower Service combines Wallflower hardware connected to your home stove, oven, or other cooking appliance with Wallflower Software. Together, Wallflower hardware and software are designed to monitor your stove, oven, or other cooking appliance to reduce the risk of home kitchen fires, subject to the important restrictions, disclaimers and limitations in this Agreement.
1.2 The Wallflower Software is an application that can be downloaded to devices, such as an Apple® iPhone® or a device running the Android™ operating system, to interact with and control hardware developed or sold by Wallflower (collectively, “Wallflower Product”).
1.3 According to the National Fire Protection Association, unattended cooking is the leading factor in home cooking fires, and two-thirds of home cooking fires started with the ignition of food or other cooking materials. Do not leave your stove unattended when you are cooking. Remove grease, fat, and other flammable substances from and around your stove area. Learn more at https://www.usfa.fema.gov/prevention/outreach/cooking.html. Exercise extreme caution when cooking.
2.1 By downloading and/or installing Wallflower Software you agree to be bound by the terms of this Agreement. You may not use Wallflower Software or the Wallflower Service unless you have accepted the terms of this Agreement.
2.2In the event that you download and/or install the Wallflower Software but the Wallflower Product is not then currently in stock, you agree that we may accept payment from you and charge your credit card immediately notwithstanding that Wallflower Product is not then currently in stock, provided, however, that the 30-day period referenced in Section 2.3 shall not begin until you receive your Wallflower Product
2.3 If you do not agree to the terms of this Agreement, you may return the Wallflower Product for a refund of the product purchase price by contacting Wallflower at the address below within 30 days after your purchase.
3. LICENSE. Wallflower grants you a limited, personal, non-exclusive, non-transferable, revocable license for the sole purpose of using Wallflower Software and the Wallflower Service in accordance with and for the duration of this Agreement.
3.1 This license does not permit you to and you are expressly prohibited from (a) making any copies of Wallflower Software, in whole or in part, except to make backups for personal use, (b) distributing Wallflower Software, in whole or in part, to others, (c) modifying Wallflower Software in any way, and (d) reducing or attempting to reduce Wallflower Software to human-readable form by decompiling, disassembling, reverse engineering, or any other means.
3.2 Wallflower and its licensors are the sole and exclusive owner of all intellectual property rights in Wallflower Software and the Wallflower Service and any upgrades, modifications and enhancements thereto, including but not limited to all trade secrets, copyrights, patents, and trademarks.
3.3 Wallflower may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Wallflower Software and related services (“Updates”). Updates to Wallflower’s server software may be automatically installed without providing any additional notice or receiving any additional consent. Updates to the Wallflower Software on your phone or other smart device may become available on the Apple App Store, Google Play, or similar application sites. Those Updates will be automatically downloaded to your phone or other smart device if you have preapproved these application updates, or may require your approval otherwise. If you do not want Updates, you must stop using the Wallflower Product. Because of the safety and monitoring aspects of the Wallflower Software, you agree to promptly install any Updates Wallflower provides.
4. RESTRICTIONS. Your use of Wallflower Software and the Wallflower Service is subject to the following restrictions:
4.1 You will not access the Wallflower Service by any means other than through the use of Wallflower Software.
4.2 You will (a) use Wallflower Software only for your own personal use, (b) not use Wallflower Software on behalf of other persons or an entity, and (c) not engage in any activity that interferes with or disrupts the Wallflower Service.
4.3 You will not perform any tests or analysis to determine or attempt to determine the functioning or operation of the Wallflower Service.
4.4 You will use Wallflower Software and the Wallflower Service only as permitted by this Agreement and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. 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.
4.5 You acknowledge that the Wallflower Product and Wallflower Software are not certified for emergency response. YOU UNDERSTAND THAT THE WALLFLOWER PRODUCT AND WALLFLOWER SOFTWARE ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM — WALLFLOWER LABS DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, the Wallflower Customer Care and Support contacts are not a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.
4.6 You will comply with all safety warnings, cautions, and instructions applicable to the Wallflower Software and the Wallflower Service.
5. CONTENT AND DATA.
5.2 Wallflower may store and use the Content and Data to develop and improve its products and services, including but not limited to Wallflower Software and the Wallflower Service.
5.4 You will not use the Wallflower Software and the Wallflower Service to send Content to others that is offensive, indecent, or objectionable. You understand that you may find Content received by you to be offensive, indecent, or objectionable, and you agree that Wallflower is not liable for any Content received by you.
5.5 Wallflower may provide advertisements in conjunction with your use of Wallflower Software. You acknowledge and agree that Wallflower does not endorse the advertisements, and that Wallflower is not liable for any aspect of the advertisements, including their completeness and/or accuracy.
5.6 Wallflower stores and processes its data in a secure facility and takes measures to protect data from unauthorized or unintended access. Nonetheless, Wallflower will not be liable for any unauthorized or unintended access to Content or personal data. Wallflower recommends that you use a long and strong password consisting of letters, numbers, and special characters.
6. DISCLAIMER OF WARRANTY. WALLFLOWER SOFTWARE AND THE WALLFLOWER SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WALLFLOWER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WALLFLOWER SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT WALLFLOWER SOFTWARE AND/OR THE WALLFLOWER SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE RELIABLE, AND WILL BE ERROR FREE, UNINTERRUPTED, OR TIMELY. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, GIVEN BY WALLFLOWER, ITS AFFILIATES, EMPLOYEES, AGENTS, RETAILERS OR OTHER SELLERS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS AGREEMENT.
7. LIMITATION OF LIABILITY.
7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WALLFLOWER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF BUSINESS PROFIT, ANY LOSS OF PROPERTY, ANY LOSS OF GOODWILL, ANY DISCLOSURE OF CONTENT OR PERSONAL DATA, ANY LOSS OF DATA, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) THAT MAY ARISE FROM THE USE OR MISUSE OF WALLFLOWER SOFTWARE AND/OR THE WALLFLOWER SERVICE. WALLFLOWER SHALL NOT BE LIABLE FOR SUCH DAMAGES WHETHER OR NOT WALLFLOWER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
7.2 AS A MATERIAL INDUCEMENT FOR WALLFLOWER TO PROVIDE OR LICENSE THE WALLFLOWER SOFTWARE AND THE WALLFLOWER SERVICE AT THE PRICE YOU PAID, YOU AGREE THAT THE AGGREGATE LIABILITY OF WALLFLOWER, ITS AFFILIATES, EMPLOYEES, AGENTS, RETAILERS AND OTHER SELLERS SHALL NOT EXCEED THE PRICE YOU PAID FOR THE WALLFLOWER SOFTWARE AND THE WALLFLOWER SERVICE. IF YOU RECEIVED THE WALLFLOWER SOFTWARE AND/OR THE WALLFLOWER SERVICE AS A GIFT, OR DID NOT PAY FOR THE WALLFLOWER SOFTWARE AND/OR THE WALLFLOWER SERVICE FOR ANY OTHER REASON, THEN THE AGGREGATE LIABILITY OF WALLFLOWER, ITS AFFILIATES, EMPLOYEES, AGENTS, RETAILERS AND OTHER SELLERS SHALL NOT EXCEED WALLFLOWER’S SUGGESTED RETAIL PRICE FOR THE WALLFLOWER SOFTWARE AND THE WALLFLOWER SERVICE.
7.3 Wallflower is not responsible for any consequences of your cooking or any other use or misuse of your stove, oven, or other cooking appliance.
8. TERMINATION. This Agreement will apply until terminated by you or Wallflower.
8.1 You may terminate this Agreement at any time, and may do so without informing Wallflower.
8.2 Wallflower may terminate this agreement at any time, with or without notice to you, for any reason, including but not limited to (a) Wallflower’s determination in its sole discretion that you have violated the terms of this Agreement; or (b) Wallflower determines that Wallflower Software or the Wallflower Service are no longer commercially viable.
8.3 Upon the termination of this agreement, by you or by Wallflower, you will cease all use of Wallflower Software and the Wallflower Service and will delete all copies of Wallflower Software. Wallflower may retain all data collected during the term of this Agreement.
8.4 Sections 4, 5, 6, 7, and 12 of this Agreement shall survive the termination or expiration of this Agreement, regardless of reason.
9. FEES. You acknowledge and agree that you are solely responsible for any fees charged by third parties for the use of any network to send and receive Content in conjunction with the use of Wallflower Software and the Wallflower Service.
10. CHANGES. Wallflower may change this Agreement from time to time. When changes are made, Wallflower will make an updated copy available to you from Wallflower Software. To continue using Wallflower Software, you must accept the terms of the updated agreement as set forth above.
11. SUPPORT. Questions regarding Wallflower Software or the Wallflower Service may be directed to Wallflower by mail using the address above or by email to firstname.lastname@example.org.
12. GENERAL LEGAL TERMS. This Agreement will be governed by Massachusetts law, without regard to its conflicts of laws principles. You and Wallflower agree to submit to the exclusive jurisdiction of the courts located within Boston, Massachusetts to resolve any legal matter arising from this Agreement. This Agreement is the whole agreement between you and Wallflower and supersedes any prior communications or agreements. If any provision of this Agreement is held invalid, such provision will be modified to the least extent necessary to make such provision enforceable, and the remaining provisions will continue to be valid and enforceable. The failure of Wallflower to enforce any right or remedy arising out of this Agreement will not constitute a waiver of such right or remedy.
Wallflower Labs Inc.
1 Thompson Square
Charlestown, Massachusetts, 02129
1 Thompson Square
Charlestown, Massachusetts, 02129
Last modified: July 25, 2017
© Wallflower Labs Inc. 2017