iLOQ NFC MOBILE APPLICATION
END USER LICENSE AGREEMENT 2017
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.
ILOQ does not maintain any registry of the Users or access rights provided to the Users for its own account but maintains and stores the registry as part of the locking services provided to the Enterprise.
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.
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.
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.
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.
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.