ASSA ABLOY AB, P.O. Box 70340, SE-107 23 Stockholm, Sweden ("AAAB"), has developed an electronic key application for mobile devices (the "Product") which allows licensed users to store access keys on certain compatible mobile devices (the "Device"). In order to download and use the Product on your Device, you must read and accept this End User License Agreement. The expressions "You" and "Your" refer to you as licensee.
The Product is licensed, not sold or transferred, to You for use only under the terms of this license. AAAB reserves all rights not expressly granted to You under this license.
b. Consent to Use of Data: You agree that AAAB may collect and use Your name, Device telephone number, e-mail address, technical data and related information, including but not limited to technical information about Your Device, its operating system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (the "Services") to You related to the Product (together the "Personal Data"). AAAB may use Your Personal Data in order to license the Product to You and provide any associated Services specified in this license or relating to the Product. AAAB may transfer Your Personal Data to other companies within the same group of companies as AAAB or other suppliers in order to facilitate the provision of the Product and related Services to You. Such recipients of Your Personal Data may be located in the USA or another country, which may not offer the same level of protection of Your Personal Data as the country where You are located. Without limiting the foregoing, AAAB may assign Your Personal Data to any company within the same group of companies as AAAB in order to provide the Product and Services mentioned in this license, including in cases where such companies are located in countries without equivalent protection of Your Personal Data, such as the USA.
AAAB takes commercially reasonable precautions to protect the information You provide to AAAB from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Notwithstanding the foregoing, You understand that no data security measure can guarantee complete security at all times. You are responsible for protecting Your mobile device against unauthorized access.
c. Termination. The license is effective until terminated by You or AAAB. Your rights under this license will terminate automatically without notice from AAAB if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Product, and destroy all copies, full or partial, of the Product.
d. Services; Third Party Materials. The Product may enable access to AAAB’s and third party services and web site as part of the Services. Use of the Services may require Internet access and You accept any additional terms of service that may apply with respect thereto.
You agree to use the Product and Services lawfully, in good faith and at Your sole risk. AAAB shall not have any liability to You for any unintended or improper use of the Product and shall not be liable for any failure by the Product or related Services to perform as intended, if such failure is due to Your Device, its incompatibility with the Product, its failure to function correctly or any other reason beyond the control of AAAB.
e. NO WARRANTY: THE PROVISIONS CONTAINED IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT AND ASSOCIATED SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE PRODUCT AND ANY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AAAB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE 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. AAAB DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE PRODUCT AND SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AAAB OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PRODUCT OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AAAB BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AAAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR SHALL AAAB BE LIABLE FOR ANY LOSS ARISING AS A RESULT OF EVENTS OUTSIDE OF ITS CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall AAAB’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose or is declared invalid or inapplicable.
g. You may not use or otherwise export or re-export the Product except as authorized by the laws of the jurisdiction in which the Product was obtained and by United States law. By using the Product, You represent and warrant that You are not located in any country to which export or re-export is prohibited under United States law. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
h. You agree to use the Product exclusively in order to gain access to certain premises permitted to You. You shall not use the Product for any unlawful, illegal or improper purposes or in order to obtain unauthorized access of any kind.
i. The Product may be periodically updated. The terms of this End User License Agreement will govern any upgrades provided by AAAB that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
j. AAAB reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to You. You agree that AAAB shall not be liable to You or any third party for any modification or cessation of the Service.
k. The laws of Sweden govern this license and Your use of the Product. Your use of the Product may also be subject to other local, municipal and autonomous region laws.
l. AAAB may assign all or part of its rights and obligations under this license to any group company or companies.
By clicking the box that indicates that You agree to the agreement, You fully understand and agree to this End User License Agreement, including that AAAB will process Your Personal Data and that AAAB may transfer Your Personal Data to be processed by suppliers or other companies within AAAB group in other countries including the USA as specified in item b. above. You must be legally competent to agree to this End User License Agreement. If You do not agree to any of the above terms, please do not use the Service.