PLEASE READ CAREFULLY: Silvan Innovation Labs software downloaded and installed with or without SECURE is copyrighted and is made available under the following license terms:
This End-User License Agreement (“EULA”) is a legal agreement between (a) You (either an individual, company or entity which has acquired the SECURE wireless security system) and (b) Silvan Innovation Labs Private Ltd (“SIL”), the manufacturer of SECURE, the wireless security system, the developer of the downloaded application software that runs on the Android and iOS operating systems (“SOFTWARE”) and the developer of its associated cloud software (“IPSM”).
Other software provided along with the SOFTWARE and the IPSM that is associated with a separate EULA is licensed to You under the terms of that EULA.
By downloading, installing, copying, storing or otherwise using the SOFTWARE, You agree unconditionally to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, SIL is unwilling to license the SOFTWARE or the IPSM to You, and You have no right to use it.
SOFTWARE PRODUCT LICENSE
The SOFTWARE and the IPSM s protected by copyright laws and international copyright laws, as well as other intellectual property laws and treaties. The SOFTWARE and the IPSM are licensed to You, not sold.
1. GRANT OF LICENSE.
SIL grants you the following non-exclusive rights provided you agree to and comply with all terms and conditions of this EULA:
You may use the SOFTWARE and the IPSM only as integrated with SECURE. You may load the SOFTWARE into the temporary memory (RAM) of Your handset devices for the purpose of using the SIL Product.
b) Network use:
You may use the SOFTWARE on a maximum of 5 (five) other handset devices, which may be any combination of devices running the Android and iOS operating systems.
You may make backup copies of the SOFTWARE, but you may have only one copy installed on a handset device at any time. You may use the backup copy solely for archival purposes. You may not otherwise make copies of the SOFTWARE, included the printed material accompanying the SOFTWARE.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a) Limitations on Reverse Engineering, Decompilation and Disassembly:
You may not reverse engineer, decompile or disassemble the SOFTWARE or the IPSM, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not make any changes or modifications to the SOFTWARE or the IPSM, without the written permission of an officer of SIL. You may not remove any proprietary notices from the SOFTWARE or the IPSM.
b) Separation of Components:
You may not separate the component parts of the SOFTWARE or the IPSM for any purpose.
c) Single Integrated Product:
The SOFTWARE and the IPSM is licensed for use only with the SECURE hardware unit as a single integrated product. You may use the SOFTWARE and the IPSM only as set forth in this EULA.
You may not lease, lend or rent the SOFTWARE and the IPSM, or make it available to others by the use of any electronic means such as hosting on a server or website.
You may transfer all your rights under this EULA only as part of a permanent sale of SECURE, provided that You do not retain any copies of the SOFTWARE.
SIL reserves the rights to terminate this EULA if You fail to comply with the terms and conditions set forth in this agreement.
This EULA does not grant you any rights in connection with the trademarks of SIL and its suppliers.
3. PROPRIETARY RIGHTS.
All intellectual property rights in the SOFTWARE, the IPSM and user documentation (including but not limited to any images, photo-graphs and text) are owned by SIL or its suppliers and are protected by law, including but not limited to Indian copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. The structure, organization and code of the SOFTWARE and the IPSM are the valuable trade secrets and confidential information of SIL and its suppliers. All intellectual property rights in and to the content which may be accessed through the use of the SOFTWARE and the IPSM are the property of the respective content owners. This EULA does not grant you any rights to use such content.
4. CONSENT TO USE OF DATA.
You agree that SIL and its affiliates or suppliers may collect information from You when You install the SOFTWARE, in order to provide support services related to the SOFTWARE and the IPSM. SIL and its suppliers agree not to use this information in a form that personally identifies you except to the extent necessary to provide such services.
5. LIMITED WARRANTY.
You acknowledge that You would use SECURE, the SOFTWARE and the IPSM only as a wireless security system to secure Your residence.
a) No Warranty:
The SOFTWARE and the IPSM are offered to You on an “AS-IS” basis and SIL does NOT warrant that the functions contained in them will meet your requirements or that their operation will be uninterrupted or error free.
b) Changes in operating environment:
SIL shall not be responsible for any problems caused due to changes in the operating characteristics of SECURE, or for problems in the interactions of the SOFTWARE or the IPSM with non-SIL hardware or software products.
c) Disclaimer of warranties:
This warranty contains the entire warranty of SECURE, the SOFTWARE and the IPSM, whether expressed or implied (including all implied warranties of merchantability or fitness for a particular purpose) and all other obligations or liabilities on the part of SIL. No oral or written information or advice given by SIL or a SIL authorized representa-tive shall create a warranty.
d) Changes in Internet connection:
You acknowledge that the operation of SECURE is dependent on connectivity to the Internet, and that You would take adequate steps to provide the same for the consistent and continuous operation of SECURE. SIL shall not be responsible for any loss of operation of SECURE due to lack of or faulty connections to the Internet, either at Your place of installation of SECURE, or at the installation of its Cloud software (IPSM).
e) Limitation of Liability.
Notwithstanding any damages that you might incur, the entire liability of SIL and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to INR100.00.
f) Exclusive Remedy and Limitation of Warranty:
To the maximum extent permitted by applicable law, in no event shall SIL or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever based upon breach of warranty, breach of contract, negligence, strict liability or any other legal theory. Such damages include, but not limited to, loss of profits, loss of SECURE or the SOFTWARE, cost of capital, cost of substitute or replacement equipment, facilities of services, down time, purchaser’s time, the claim of third parties, including customers, personal injury and injury to property.
6. COMPLIANCE WITH EXPORT LAWS.
You shall comply with all laws and regulations of the Republic of India and other countries (“Export Laws”) to ensure that SECURE is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws.
7. APPLICABLE LAW.
This EULA is governed by the laws of the Republic of India.
All disputes arising in connection with this EULA shall be determined by final and binding arbitration in accordance with the Arbitration Act, and the parties agree to be bound by the arbitrator’s decision. The place of arbitration shall be Bangalore, India and the language of arbitration shall be English.
9. ENTIRE AGREEMENT.
This EULA (including any addendum or amendment to this EULA which is included with the SIL Product) is the entire agree-ment between you and SIL relating to SECURE, the SOFTWARE and the IPSM and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE and the IPSM, or any other subject matter covered by this EULA.