END USER LICENSE AGREEMENT
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP OR SOFTWARE FROM THIS WEBSITE.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and HYTTO, LTD. And LOVENSE (Licensor, us or we) for:
- LOVENSE REMOTE,
- BODY CHAT,
- LOVENSE EXTENSION,
- LOVENSE BROWSER,
- LOVENSE MEDIA PLAYER.
including related mobile application software (hereinafter the Apps).
We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by both the Apple and Google Android application stores from whose site, (Appstores), the End-user downloaded the App (Appstores' Rules). We do not sell the App to you. We and/or the owners of the App remain the owners of the App and Documents at all times and this License to use is non-exclusive, non-assignable and fully revocable.
IMPORTANT NOTICE:
By downloading the App from the Appstores, our website or elsewhere you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, limitations on liability in Section 7. If you do not agree to the terms of this licence, we will not license the Apps to you and you must stop the downloading or streaming process (as applicable) immediately or be liable for unauthorized and illegal use of the Apps. In this case the downloading or streaming process will terminate effective immediately.
LICENSE TERMS
1.ACKNOWLEDGEMENTS
1.1The terms of this EULA apply to the Apps or any of the services accessible through the App (Services), including any updates or supplements to the Apps or any Service; unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Apps or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2We may change these terms at any time by sending you a message of the change or notifying you of a change when you next start the Apps. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3From time to time updates to the App may be issued through the Appstores. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the Apps and accepted any new terms.
1.4You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the Apps onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Apps or any Services on or in relation to any Device, whether or not it is owned by you.
1.5By using the Apps or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.6The Apps or any Services may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.7Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2.GRANT AND SCOPE OF LICENCE
2.1In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the Apps on the Devices, subject to these terms, the Privacy Policy and the Appstores Rules, incorporated into this EULA by reference. We reserve all other rights.
2.2You may only download or stream a copy of the Apps onto a Device and to view, use and display the Apps on the Devices for your personal purposes only.
3.LICENCE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by any local law, you agree:
- (a)not to copy the Apps except where such copying is incidental to normal use of the Apps, or where it is necessary for the purpose of back-up or operational security;
- (b)not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Apps;
- (c)not to make alterations to, or modifications of, the whole or any part of the Apps, or permit the Apps or any part of it to be combined with, or become incorporated in, any other programs;
- (d)not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Apps or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
- (i)is used only for the purpose of achieving inter-operability of the Apps with another software program;
- (ii)is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- (iii)is not used to create any software that is substantially similar to the Apps;
- (e)to keep all copies of the Apps secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Apps;
- (f)to include our copyright notice on all entire and partial copies you make of the Apps on any medium;
- (g)not to provide or otherwise make available the Apps in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- (h)to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Apps or any Services (Technology).
4.ACCEPTABLE USE RESTRICTIONS
You agree that you are required to:
- (a)not use the Apps or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Apps, any Services or any operating system;
- (b)not infringe our intellectual property rights or those of any third party in relation to your use of the Apps or any Services (to the extent that such use is not licensed by this EULA);
- (c)not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Apps or any Services;
- (d)not use the Apps or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- (e)not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
5.INTELLECTUAL PROPERTY RIGHTS
5.1You acknowledge that all intellectual property rights in the Apps and the Technology anywhere in the world belong to us or our licensors, that rights in the Apps are licensed (not sold) to you, and that you have no rights in, or to, the Apps or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2You acknowledge that you have no right to have access to the Apps in source-code form.
6.NO WARRANTY OR SUPPORT
6.1You expressly acknowledge and agree that use of the Apps and Services provided is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
6.2To the maximum extent permitted by applicable law, the Apps and Services are provided "as is" and "as available", with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Apps and Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the Apps that the functions contained in the Apps or Services will meet your requirements, that the operation of the Apps or Services will be uninterrupted or error-free, or that defects in the Apps or Services will be corrected. No oral or written information or advice given by us or our authorized representative shall create a warranty. Should the Apps or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.
7.LIMITATION OF LIABILITY
7.1You acknowledge that the Apps have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Apps as described meet your requirements.
7.2We only supply the Apps for domestic and private use. You agree not to use the Apps for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to $285.00 (HKD). This does not apply to the types of loss set out in condition 7.47.4.
7.4Nothing in this EULA shall limit or exclude our liability for:
- (a)death or personal injury resulting from our negligence;
- (b)fraud or fraudulent misrepresentation;
- (c)any other liability that cannot be excluded or limited by law.
8.TERMINATION
8.1We may terminate this EULA immediately by written notice to you:
- (a)if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
- (b)if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;
- (c)on thirty days' notice.
8.2On termination for any reason:
- (a)all rights granted to you under this EULA shall cease;
- (b)you must immediately cease all activities authorised by this EULA;
- (c)you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
9.COMMUNICATION BETWEEN US
9.1If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at app@lovense.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
9.2If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provide to us in your request for the App.
10.EVENTS OUTSIDE OUR CONTROL
10.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
10.2If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
- (a)our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control;
- (b)we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
11.OTHER IMPORTANT TERMS
11.1We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
11.2You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
11.3If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.4Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.5Please note that this EULA, its subject matter and its formation, are governed by the law of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to principles of conflict of laws. You agree to submit to the exclusive jurisdiction of the Hong Kong Court.
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