1 Introduction
1.1 This Smartphone Application End-User License Agreement (“EULA”) governs your use of Klaxon Smartphone App, which will allow you to access Klaxon service directly from your mobile device.
1.2 References in this Policy to "you" are to any customer for Klaxon and any individual user of Klaxon (and "your" should be construed accordingly); and references in this Policy to "us" are to identify provider (and "we" and "our" should be construed accordingly).
1.3 Please ensure you read the terms of this agreement carefully before downloading or using Klaxon smartphone application (“Klaxon Smartphone App”).
1.4 Your use of Klaxon will remain subject to the existing agreement governing such use (the “Klaxon Terms and Conditions”); to the extent it conflicts with this EULA, the terms of this EULA will apply. Your use of the Klaxon Smartphone App indicates your consent to this EULA.
1.5 By using Klaxon, you agree to the rules set out in this Policy.
2 Permissions we require on your smartphone
2.1 We require the following permissions on your smartphone:
(1) Access to the Camera, to scan the authentication QR code.
3 Data we collect from your smartphone
3.1 We collect the following information about your smartphone for the purpose of problem diagnosis:
(a) Smart phone manufacturer and model;
(b) Unique device application token;
(c) Klaxon version installed.
4 License
4.1 Klaxon grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Klaxon Smartphone App for business purposes strictly in accordance with this EULA and the Klaxon Terms and Conditions.
5 Klaxon Terms and Conditions
5.1 Your use of the Klaxon Smartphone App requires that you have an account with Klaxon and agree to the terms of the Klaxon Terms and Conditions.
6 Changes to this EULA
6.1 Klaxon reserves the right to modify this EULA. Klaxon will post the most current version of this EULA at https://www.klaxon.io/smartphone-eula.
7 No Warranty
7.1 YOUR USE OF THE KLAXON SMARTPHONE APP IS AT YOUR SOLE RISK. THE KLAXON SMARTPHONE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KLAXON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Apple iOS specific
7.2 In the event of Klaxon’s failure to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Klaxon Smartphone App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE KLAXON SMARTPHONE APP AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COST, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
Android specific
7.3 GOOGLE 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.
8 Suspension or Termination of the Klaxon Smartphone App
8.1 Klaxon reserves the right to suspend or terminate your access to the Klaxon Smartphone App at any time based on the status of your account under the Klaxon Terms and Conditions. You understand that if your account is suspended or terminated, you may no longer have access to the content that is stored within Klaxon.
9 Intellectual Property Rights
9.1 In the event of a third party claim that the Klaxon Smartphone App, or your possession and use of the Klaxon Smartphone App, infringes third party’s intellectual property rights, Klaxon, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
10 Governing Law
10.1 This EULA shall be governed by and construed in accordance with the laws governing your Subscription Agreement.
11 Third Party Beneficiaries
11.1 Upon your acceptance of this EULA, Apple (for iOS Mobile Apps) and Google (for Google Mobile Apps), respectively, will have the right to enforce this EULA against you as a third party beneficiary thereof.
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