Last revised: December 13, 2011
This End-User License Agreement and Notice (“Agreement”) governs your use of the Home Security Client Application (the “Software”) produced by Bright House Networks Home Security Services, LLC (“BHN”).
The following rules may be modified from time to time. Continued use of the Software by you will constitute your acceptance of any changes or revisions to this Agreement.
Your failure to follow BHN’s rules, whether listed below or in supplemental notices posted at various points in the Software, may result in termination of your access to the Software, without notice, in addition to BHN’s other remedies.
1. Registration and Account Creation. You may be required to provide BHN with certain registration information. You agree and represent that all registration information provided by you is accurate and up to date. If any of your registration information changes, you must update it by visiting the My Services section of BHN’s website at https://profile.brighthouse.com/residential/login/.
2. Fees and Payment. Upon prior notice to you, BHN may charge you fees for the Software or for services provided by BHN and enabled by the Software. Any fees and payment thereof will be governed by the terms of your Bright House Networks Agreement for Residential Service and Home Security Services Addendum. In the event of nonpayment of fees for any reason, BHN reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
3. License Grant. BHN hereby grants to you and you accept a limited, non-exclusive, non-transferable, revocable license to install and use the object code version of the Software solely for your own personal use of BHN’s Home Security service within the United States. You agree not to (a) make copies of the Software other than for backup purposes, (b) transfer, sub-license, resell, lease, lend, export, distribute, display, publish, modify, decompile, reverse engineer, or create derivative works from, all or any part of the Software, (c) view or manipulate any source code version of the Software, or (d) provide access to the Software to any other person or entity, in any way, including but not limited to communicating any passwords or access codes.
4. Term. This Agreement commences on the day you access the Software. In the event you breach any provision of this Agreement, this Agreement will automatically terminate in the event you do not cure such breach within three (3) days after such breach.
5. BHN's Rights; Your Obligations. You acknowledge that the Software is the sole and exclusive property of BHN and/or its vendor. By accepting this license you do not become the owner of all or any part of the Software. You further agree not to assign this Agreement to any person or entity without the prior written consent of BHN. You agree that you will use your best efforts and take all reasonable steps to protect the Software from unauthorized reproduction, publication, disclosure or distribution. You agree to promptly provide BHN with written notice of any unauthorized reproduction, publication, disclosure or distribution.
6. Disclaimer of Warranty and Support. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT UPGRADES, MAINTENANCE OR SUPPORT OF ANY KIND. BHN MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY SERVICE ENABLED BY THE SOFTWARE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, ABSENCE OF VIRUSES OR OTHER HARMFUL CODE, AND NONINFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. BHN DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BHN OR ANY BHN REPRESENTATIVE SHALL CREATE A WARRANTY. You acknowledge that the Software is not intended for use in the operation of nuclear facilities, aircraft navigation, or air traffic control machines, or in any other context where failure of the Software could lead to death, personal injury, or severe physical or environmental damage.
7. Limitation of Liability. BHN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACCURACY OR CORRECTNESS OF THE INFORMATION IN THE SOFTWARE AND FOR ANY LOSS OR DAMAGE CAUSED BY BHN OR THE SOFTWARE OR ANY ERRORS OR OMISSIONS IN THE SOFTWARE. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BHN BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SOFTWARE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF BHN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BHN’S TOTAL LIABILITY TO YOU OR ANY OTHER PARTY, UNDER ANY REMEDY OR THEORY OF LAW, EXCEED THE TOTAL AMOUNT PAID TO BHN BY YOU FOR THE USE OF THE SOFTWARE.
8. Termination of Access to Software. BHN has the right to terminate your access to the Software, for any reason, without notice.
9. Terms and Conditions Applicable to the Home Security Client Application for iOS Devices (iPad, iPhone, iPod touch, etc.). The following terms and conditions shall only apply with respect to any version of the Software for iOS devices:
a. Acknowledgment: You and BHN acknowledge that this Agreement is concluded between you and BHN only, and not with Apple Computer, Inc. (“Apple”), and BHN, not Apple, is solely responsible for the Software and the content thereof. Notwithstanding any other provision of this Agreement, this Agreement shall not be construed as providing for usage rules for the Software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the App Store Terms of Service as of December 17, 2009 (which BHN acknowledges it has had the opportunity to review).
b. Scope of License: The license granted to you for the Software is limited to a non-transferable license to use the Software on any iOS device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
c. Maintenance and Support: BHN is solely responsible for for providing any maintenance and support services with respect to the Software, as specified in this Agreement, or as required under applicable law. You and BHN acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
d. Warranty: BHN is solely responsible for any product warranties with respect to the Software, whether express or implied by law, to the extent not effectively disclaimed in this Agreement. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price, if any, for the Software; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Software to conform to any applicable warranty will be BHN’s sole responsibility.
e. Product Claims: You and BHN acknowledge that BHN, not Apple, is responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Notwithstanding any other provision of this Agreement, this Agreement shall not be construed as limiting BHN’s liability to you beyond what is permitted by applicable law.
f. Intellectual Property Rights: You and BHN acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, as between BHN and Apple, BHN, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided that you will be responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim caused by any act or omission by you in breach of this Agreement.
g. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Developer Name and Address: If you have any questions, complaints or claims with respect to the Software, please contact BHN in writing at:Bright House Networks
5000 Campuswood Drive
East Syracuse, NY 13057
or by phone or e-mail at your local BHN office listed on the Contact Us section of BHN’s website at http://brighthouse.com/corporate/support/contact.
i. Third Party Terms of Agreement: You agree to comply with any applicable third party terms of agreement when using the Software.
j. Third Party Beneficiary: You and BHN acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof.
k. Data Transmission: You acknowledge and agree that the Software may collect and transmit to BHN data regarding usage and performance of the Software and that BHN may use such data to track adoption, usage and performance of the Software and to make decisions regarding further development, distribution, promotion and/or commercialization of the Software and/or other software. BHN will not sell or disclose such data to third parties for the purpose of marketing unrelated products and services to you.
10. Jurisdiction. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New York and the United States applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in New York, New York. In addition, you agree to submit to the exclusive personal jurisdiction and venue of such courts.
11. Force Majeure. BHN shall not be liable for delays in performing or failure to perform this Agreement or any obligations hereunder, which are directly attributable to causes beyond its reasonable control, including but not limited to, acts of God, fires, strikes, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.
12. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding except as set forth above.
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