Hisense - End User Licence Agreement (HiSmart) [PDF]

1 / 5 END USER LICENSE AGREEMENT (Effective Date: April 1, 2017) PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”) BEFORE CREATING AN ACCOUNT AND/OR USING THE SOFTWARE APPLICATION (“APP”) PROVIDED BY HISENSE USA CORPORATION AND/OR ITS AFFILIATES (“HISENSE”) OR HISENSE’S SUPPLIERS. THIS IS A LEGAL AGREEMENT BETWEEN HISENSE AND YOU. THIS END USER LICENSE AGREEMENT ( “EULA”), THE TERMS OF USE (“TOU”) AND THE PRIVACY POLICY (“PRIVACY POLICY”) INCORPORATED HEREIN (COLLECTIVELY THE “TERMS”) GOVERN YOUR ACCESS TO AND USE OF THE APP. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT CREATE AN ACCOUNT OR USE THE APP. ANY TERMS NOT DEFINED IN THE EULA SHALL BE GIVEN THE SAME MEANING AS STATED IN THE TOU AND THE PRIVACY POLICY. By creating an account or using the application, you acknowledge and agree that: 1. your use of the App in conjunction with the Hisense Smart Home Appliance (“Device”) is solely at your own risk; and 2. the App is licensed, and not sold, to you, and you may use the App only as set forth in these Terms; and 3. you expressly consent to the collection, use, sharing and transfer of your personally identifiable information, including the transfer and processing of your information outside your home country, as outlined in these Terms; and 4. you acknowledge that additional and/or different third party terms and fees may apply to the use and operation of your mobile device in connection with your use of the App, such as your carrier’s terms of service, fees for phone service, fees for data access, data cloud or for messaging capabilities, and that you (and not Hisense and not Hisense’s suppliers) are solely responsible for the payment of any and all such fees; and 5. as set forth in these Terms, the App is provided “as is”; and 6. you may send an e -mail to service@hisense.com (for US market), servicecanada@hisense.com (for Canada market) to have a copy of this EULA sent to you; and 7. if you are using the App on an Apple iOS platform based smart mobile device, you agree to and acknowledge the “Notice Regarding Apple” below, and if you are using the App on a Google Android platform based smart mobile device, you agree to and acknowledge the “Notice Regarding Google” contained within this EULA. GRANT OF LICENSE Subject to your full compliance with the Terms, Hisense grants to you a non-exclusive, limited, non-transferable and personal license to use the App in conjunction with the Device you have purchased, and to display, receive or otherwise use (only to the extent permitted in each case) the HISMART@ Services (“License”). No other rights to the HISMART@ Services or App are granted. The scope of rights for HISMART@ Services shall be subject to the Terms and other licensing requirement and restrictions otherwise imposed or required by the relevant HISMART@ Services providers. All rights, including but not limited to the intellectual property rights in the HISMART@ Services, remain the property of Hisense or the relevant licensors or owners of the HISMART@ Services. Any breach of the Terms shall automatically result in the revocation of all rights granted herein, and Hisense or the respective owners of the HISMART@ Services may conduct further legal action if necessary and at their sole discretion. The License is effective until terminated. You may terminate the License at any time by uninstalling or del eting the App, deactivating your account, and discontinuing your use of the HISMART@ Services. The License will automatically terminate if you fail to comply with any of 2 / 5 the Terms set forth herein. Hisense may, in its sole discretion, temporarily or permanently terminate the License at any time without prior notice to you. Upon termination for any reason, you agree to uninstall or delete the App, deactivate your account, and discontinue your use of the HISMART@ Services. NOTICE REGARDING APPLE. You acknowledge that this EULA is between you and Hisense only, and not with Apple, Inc. (“Apple”), and that Apple is not responsible for the App and the content thereof. This EULA shall be subject to the terms of the Apple Store Terms of Service (“Apple Terms”) (as of the Effective Date of this EULA, located at http://www.apple.com/legal/internet-services/itunes/appstore/jm/terms.html, and which you acknowledge you have had the opportunity to review). The license granted to you by Hisense for the App is non-exclusive, limited, non-transferable, and is granted to you solely to use the App on an Apple iOS platform based smart mobile device that you own or control, and solely as permitted by the Terms set forth herein and the usage rules set forth in the Apple Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and if applicable, Apple will refund the purchase price (if any) of the App to you; you further acknowledge, accept and agree that, to the maximum extent permitted by applicable law, (x) Apple has no other warranty obligations whatsoever with respect to the App; and (y) Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and (z) Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this E ULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of this EULA. You hereby 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. NOTICE REGARDING GOOGLE. You acknowledge that this EULA is between you and Hisense only, and not with Google Inc. (“Google”), and that Google is not responsible for the App and the content thereof. This EULA shall be subject to the terms of the Google Terms of Service (“Google Terms”) (as of the Effective Date of this EULA, located at http://www.google.cn/intl/en/policies/terms/regional.html, and which you acknowledge you have had the opportunity to review). The license granted to you by Hisense for the App is non -exclusive, limited, non-transferable, and is granted to you solely to use the App on an Android platform based smart mobile device that you own or control and solely as permitted by the Terms set forth herein and the usage rules set forth in the Google Terms. You acknowledge that Google has no ob ligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Google and , if applicable, Google will refund the purchase price (if any) for the App to you; you further acknowledge, accept and agree that, and to the maximum extent permitted by applicable law, (m) Google has no other warranty obligations whatsoever with respect to the App; and (n) Google is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and (o) Google is not responsible for the investigation, defense, settlement and discharge of any third party claim that your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Google, and Google’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Google will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of this EULA. You hereby 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. 3 / 5 OPEN SOURCE LICENSES AFNETWORKING Copyright (c) 2011-2016 Alamofire Software Foundation (http://alamofire.org/). Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT W ARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. ANDROID-GIF-DRAW ABLE Copyright (c) 2016 Karol Wró tniak, Droids on Roids. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCH ANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. FLANIMATEDIMAGE Copyright (c) 2014-2016 Flipboard. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, me rge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT W ARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN N O EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. FTPICKERVIEW Copyright (c) 2016 Fengting Liu. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to 4 / 5 permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED “AS IS ”, WITHOUT W ARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. FTPOPOVERMENU Copyright (c) 2016 Fengting Liu. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT W ARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. GLIDE Copyright 2014 Google, Inc. All rights reserved. THIS SOFTWARE IS PROVIDED BY GOOGLE, INC. “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL GOOGLE, INC. OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR SERVICES; LOSS OF USE, DATA, O R PROFITS; OR BUSINESS INTERRUPTION) 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 THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The views and conclusions contained in the software and documentation are those of the authors and should not be interpreted as representing official policies, either expressed or implied, of Google, Inc. GOOGLE PLAY SERVICES Copyright 2014 Google, Inc. All rights reserved. THIS SOFTWARE IS PROVIDED BY GOOGLE, INC. “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL GOOGLE, INC. OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUP TION) 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 THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 5 / 5 The views and conclusions contained in the software and documentation are those of the authors and should not be interpreted as representing official policies, either expressed or implied, of Google, Inc. MJREFRESH Copyright (c) 2013-2015 MJRefresh (https://github.com/CoderMJLee/MJRefresh). Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in t he Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT W ARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. NINEOLDANDROIDS Copyright 2012 Jake Wharton. Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the Licen se is distributed on an “AS IS ” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. PROGRESSHUD THE SOFTWARE IS PROVIDED “AS IS” , WITHOUT W ARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES O R OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. UMENG ANALYTICS Copyright 2012 Jake Wharton. Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS ” BASIS, WITHOUT W ARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. All questions, concerns and/or comments related to the Terms should be directed via phone or email to the Customer Service Director at Hisense at: For US market: 1-877-465-3566 (Monday–Friday from 9 a.m. - 9 p.m. EST, Saturday–Sunday from 9 a.m. - 6 p.m.) or Email: service@hisense-usa.com. For Canada market : 1 -855-344-7367 (Monday–Friday from 8 a.m. -8 p.m. EST) or Email: servicecanada@hisense.com. HISENSE USA CORPORATION