iLOQ NFC MOBILE
APPLICATION
END USER LICENSE
AGREEMENT 2017
1. Introduction
Thank you for
downloading the iLOQ NFC Mobile application (“App”). The App is offered and owned by iLOQ Oy (“iLOQ”, “we”, “our”, “us”), a limited
liability company incorporated and existing under the laws of Finland.
The App is
offered and intended for the use of an authorized user (“User”, “you”, “your”) as a mobile key for opening locks and accessing
certain premises or equipment managed by an enterprise customer of iLOQ locking
system (“Enterprise”). The App will
provide an access to designated properties managed by the Enterprise upon and
subject to the Enterprise having registered the User and the respective access rights
in the iLOQ locking service (“iLOQ
Service”).
This end user
license agreement (“EULA”) governs
the use of the App by you. By downloading or using the App, you accept the terms
of EULA and agree to abide by and be subject to it. If you do not agree to
these terms of EULA, do not download or use to the App.
2. Scope of license
The App is
licensed, not sold or transferred, to you for use only under the terms of this
EULA. iLOQ hereby grants you a non-exclusive and non-transferable right to use
the App in the mobile device that you own or control for as long as the
Enterprise subscribes to iLOQ Services. You may use the App exclusively for the
purpose specified by the Enterprise in order to gain access to certain premises
or equipment to which you are lawfully permitted access.
iLOQ reserves
all rights not expressly granted to you under this EULA.
This license
does not allow you to use the App on any mobile device that you do not own or
control, and you may not distribute or make the App available over a network
where it could be used by multiple devices at the same time.
You may not
rent, lease, lend, sell, redistribute or sublicense the App and,
if you sell your mobile device to a third party, you must remove the App from
the mobile device before doing so. You may not copy (except as expressly
permitted by this license and the usage rules below), decompile, reverse
engineer, disassemble, attempt to derive the source code of, modify, or create
derivative works of the App, any updates, or any part thereof. You may not take
down or delete any legal or proprietary notices in the App. You may not use
marks, brands or logos of the App for you own business purposes, unless we have
consented to such use in writing. Any attempt to do so is a violation of the
rights of iLOQ and its licensors.
This EULA will
govern any upgrades and updates provided by iLOQ that replace or supplement the
original App, unless such upgrade is accompanied by a separate license in which
case the terms of that license will govern.
3. Use of the App
The
App enables you to access certain properties and facilities the Enterprise has
granted you access. The App can, inter
alia,
be used as key to apartments, company premises and warehouses, as well as a way
to control and monitor property access by the Users.
The App
relates to iLOQ Services provided by iLOQ to the Enterprise. The Enterprise
will set and specify the access rights and functionality of the App relating to
the properties managed by the Enterprise. The
Enterprise shall be solely responsible for the use and functioning of the App
for the intended purpose. The Enterprise shall also be solely responsible
for any support or instructions required by the User for the use of the App for
the intended purpose.
In addition to
the terms of this EULA, you must at all times comply with the applicable laws
as well as any and all instructions given to you by the Enterprise on the
appropriate use of the App.
We may at any
time cease or terminate your access to the App if you do not comply with this
EULA, applicable instructions or guidance, or applicable laws. We may also
cease or terminate access to the App in order to investigate an alleged
infringement.
You
acknowledge that your use of your mobile device may affect the security of the
App. You should at all times use your mobile device securely and ensure that
you have implemented sufficient security measures. We encourage you to read and
follow instructions given by competent authorities on security of mobile
devices, such as the ones given by the Finnish Communications Regulatory
Authority.
We are
constantly developing and improving the App. We may add or remove certain
functions or features as well as to make the App unavailable entirely or for
the time being. If we make the App or any function thereof unavailable, we will
reasonably try to give you a prior notice of such termination. Despite the
above mentioned, we always strive to maintain the App’s ability to function as
a mobile key regardless of any modification work done to the App.
The Enterprise
is the data controller in relation to any of your personal data processed and
collected in relation to your use of the App. We only process your personal
data as a data processor in order to provide the iLOQ Services to the
Enterprise under and in accordance with the respective service agreement.
Processing of
personal data is further described in the ILOQ Mobile Access Privacy Policy.
5. Intellectual Property Rights
All title,
copyright, trademark, ownership and any and all other intellectual property rights
relating to the App are sole and exclusive property of iLOQ or its licensors.
Any modifications or alterations to the App shall be automatically vested in
and transferred to iLOQ. No intellectual property rights to the App shall
transfer to you when you download, sign up to or use the App.
6. Indemnity
You agree to
defend, indemnify and hold harmless iLOQ and its shareholders, officers,
directors, employees and agents against any claims, demands, losses, damages,
fines, penalties or other costs or expenses of any kind or nature, including
but not limited to reasonable legal fees, arising out of or in connection with your
use of the App in breach of this EULA or any applicable laws or regulations.
7. No warranty
THE APP IS
PROVIDED TO YOU 'AS IS' AND WITH ALL RISKS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND
THIRD PARTY LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, TITLE AND NON-INFRINGEMENT OF
THIRD PARTY RIGHTS, WITH REGARD TO THE APP. WE DO NOT WARRANT THAT THE APP WILL
MEET YOUR REQUIREMENTS, WILL BE AVAILABLE UNINTERRUPTED, TIMELY, ERROR-FREE,
SECURE OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS OR THE LIKE. WE
WILL NOT BE LIABLE FOR LOSS OF YOUR PERSONAL DATA. YOU AGREE TO ASSUME ALL RISK
OF ANY AND ALL DAMAGES AND LOSS FROM USE OF, OR INABILITY TO USE, THE APP.
8. Limitation of liability
TO THE EXTENT
NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AFFILIATES, AND THIRD PARTY LICENSORS OR SUPPLIERS BE LIABLE
FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF ACTUAL OR ANTICIPATED
PROFITS OR SAVINGS (INCLUDING LOSS OF CONTRACT), LOSS OF OPPORTUNITY, BUSINESS
INTERRUPTION OR ANY OTHER PECUNARY OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT
OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED,
REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, INCLUDING NEGLIGENCE OR
OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.
Changes
We may change
this EULA at any time. We will inform you of such changes and ask your
acceptance to the changes as we asked your acceptance to this EULA. If you do
not accept the changes, you may not use the App anymore.
10. Miscellaneous
This EULA
shall be governed by the laws of Finland without regard to its choice of law
provisions.
ILOQ’s failure
to act with respect to your breach of the EULA does not waive iLOQ’s right to
act with respect to similar or subsequent breaches.
If any of the
provisions of the EULA, or part thereof, are found invalid or unenforceable,
such provisions will be enforced to the maximum extent permissible and the
other provisions will remain in force.