PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE CREATING YOUR ACCOUNT. BY CREATING AN ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CREATE AN ACCOUNT WITH Keemple.
1.The Software includes Keemple App, as may be updated or replaced by feature enhancements, software updates.
2.A. KEEMPLECOM LIMITED (the “Company”) hereby grants you a non-exclusive license with respect to the Software as follows: You may use the Software on multiple devices for the sole purpose of utilizing the Company’s services as a part of Keemple Smart Home System (the “System”).
3.The Software is the sole and exclusive property of the Company and the Company’s licensors. The Company and its licensors retain all rights with respect to the Software, including any copyright, patent and other proprietary rights, except the right to use the Software as specifically granted herein. Any copy of the Software or any portion thereof, is specifically subject to the terms and conditions of this License Agreement. The Software is licensed, not sold. Title, ownership rights, and all intellectual property rights in the Software (including without limitation the related source code, object code) shall remain exclusively in the Company and its licensors. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with the Company’s or its Company’s’ ownership of, or rights with respect to, the Software. The Software is protected by copyright and other intellectual property laws and by international treaties.
4.The license granted herein does not permit you to, and you agree that you will not: (a) distribute, sell, transfer, market or otherwise commercially exploit the Software; (b) assign, sublicense, lease, distribute or transfer in any way the rights granted to you herein, without the prior written consent of the Company (which may be arbitrarily withheld); (c) use the Software for any use or in any manner other than as set out this Licence Agreement; (d) copy the Software (except for back-up purposes); (e) remove any proprietary notices or labels on the Software; (f) provide, lease, lend, use for timesharing, application service provider or service bureau purposes, or otherwise use or allow others to use the Software for their own benefit or for the benefit of third parties; (g) modify, alter, decompile, disassemble or reverse engineer the Software or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatever. This license does not grant you any right to any improvement, enhancement or update.
5.You agree:
(i) to use the Software only for your private, non-commercial use;
(ii) not to use the Software in any way to provide, or as part of, any commercial service or application;
(iii) to use the Software only in a manner that complies with all applicable laws, including without limitation applicable restrictions concerning copyright and other intellectual property rights, laws or regulations relating to privacy and privacy rights and laws or regulations relating to unsolicited electronic commercial messages; and (iv) not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or any services provided by the Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the Software). Any use of the Software in violation of any of the restrictions contained in this License Agreement will immediately terminate this License Agreement and any right you have to use the Software.
6.You agree to defend, indemnify and hold the Company harmless from and against any and all costs, liability and expenses arising out of any claim that is related to: (a) your use of the Software in any manner not contemplated this License Agreement; (b) your use of the Software in connection with any activity that is illegal, offensive or immoral or that infringes on rights of privacy or publicity, or any intellectual or proprietary rights of any third party; or (c) any breach by you of your obligations under this License Agreement.
7.The Software is provided as is without any warranty of any kind. To the maximum extent permitted by law, the Company disclaims any representations, warranties or conditions, express, statutory or implied, with respect to the Software. The Company expressly disclaims all other representations, warranties or conditions, including without limitation any implied or statutory warranties or conditions of merchantability, satisfactory quality, title, non-infringement or fitness for a particular purpose. The Company does not warrant that the Software will meet your requirements or that it will function uninterrupted, error free or that defects will be corrected. You assume the entire risk as to the operation, results and performance of the Software. The Company shall have no obligation to remedy any non-conformance or defect in the Software.
8.The Company does not warrant against interference with your enjoyment of the Software, that the functions contained in, or services performed or provided by the Software will meet your requirements, that the operation of the Software will be uninterrupted or error-free, or that the Software will be compatible or work with any third party software, applications or third party services. Installation of the Software may affect the availability and usability of the third party software, applications or third party services.
9.Limitation of liability. In no event whatsoever will the Company be liable for any special, punitive, indirect, incidental or consequential damages, arising out of this License Agreement or in connection with the use or inability to use the Software, whether based on breach of contract, tort, negligence, product liability or otherwise, and whether or not the Company has been advised of the possibility of such damages. You assume the entire risk as to the quality and performance of the software. In any event, the total liability of the Company for all damages whatsoever shall not exceed the sum of $100. You agree that these limitations are reasonable in scope and reasonably necessary in order for the Company to protect its considerable investment in the Software. In no event whatsoever shall the Company be liable, under any circumstances, regardless of the type or cause of action, for (a) any lost profits, lost revenue or lost business, (b) any loss or damage to software or data, (c) any incidental, indirect, consequential or special damages; even if the Company has been advised of the possibility of such liability or damages.
10.Privacy Policy
The Company may collect the following information from users of our sites: first name, last name, street address, city, and province, postal code, phone number, e-mail address, and sites-specific display name. The Company does not sell the information it collects from you to third parties.
Your information is treated by the Company as confidential information. Your information will not be disclosed to anyone without consent except as required by law, or in accordance with this privacy statement or as permitted pursuant to the Personal Information Protection and Electronic Documents Act ("Pipeda").
By using the Keemple App, you understand and agree that the Company may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Keemple App. The Company may use this information to improve its service.
The Company uses reasonable security measures equal to or exceeding industry standard to protect personal identifiable information from unauthorized access, destruction, use, modification and disclosure. Unfortunately, even with these measures, Keemple cannot guarantee the security of these information. By using Keemple Apps, you acknowledge and agree that the Company makes no such guarantee, and that you use Keemple App and the Company’s site at your own risk.
The Company may change this Privacy Policy at any time by posting a new version on its webpage or on a successor page. The new version will become effective on the posting date. You agree that you will check for new versions of this Privacy Policy from time to time. By continuing to access and/or use Keemple App following the posting of a new Privacy Policy version, you agree to be bound by the then-current version. If you do not agree to the terms of the new version of the Privacy Policy, you will stop using the Sites.
11.This License Agreement is effective until terminated. This License Agreement will automatically terminate if you fail to comply with any term hereof or cease using the System for any reason. No notice from the Company shall be required to effect such termination. You may terminate this License Agreement at any time by uninstalling the Software from your devices.
If you choose not to retain the Company’s moniter service, you agree that you will use the Software at your own risk and the Company declines any and all liabilities arising from your using the Software.
12.Upon any termination of this License Agreement for any reason whatsoever, your license and any rights under this License Agreement shall terminate and you agree to: (i) immediately discontinue using the Software; and (ii) uninstall all Software including all copies and portions thereof. In no event may any of the Software be used by you for any purpose, including development, following termination of this License Agreement. In the event of the termination of this License Agreement for any reason, the provisions of those sections hereof which are reasonably intended to survive termination of this License Agreement shall survive such termination and continue to be valid and binding.
By clicking “REGISTER”, you acknowledge that you have read this License Agreement, understand it, and agree to be bound by its terms and conditions. You agree that this License Agreement constitutes the complete and exclusive agreement between you and the Company with respect to the subject matter hereof and that this License Agreement supercedes any proposal or prior agreement, oral or written, and any other communications on the subject matter between you and the Company.