This End-User License Agreement (the "EULA" or "Agreement") governs your use of the "Timex Connected" application software ("Software") provided by Timex Group USA, Inc. (the "Company") designed to operate your device powered by the Android operating system provided by Google, Inc. ("Google") in connection with your use of your Timex Device. This EULA governs only that Software which operates on a device using the Android operating system.
Acknowledgement. Company and You, the end-user of the Software, acknowledge that the Agreement is entered into by and between Company and You. The Company is solely responsible for the Software and any content contained therein. You acknowledge that you have reviewed the Android Market Terms of Service (located online at http://www.google.com/mobile/android/market-tos.html) and the Android Market Business and Program Policies (located online at http://www.google.com/mobile/android/market-policies.html). 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 "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the
U.S. Department of Commerce.
Allowable Uses of the Software. Any use of the Software in any manner not allowed under this Agreement including, without limitation, resale, transfer, modification or distribution of the Software or copying or distribution of text, pictures, music, barcodes, video, data, hyperlinks, displays and other content provided by the Software is prohibited. This Agreement does not entitle You to receive and does not obligate Company to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.
License. Company grants You a non-exclusive, non-transferable license to use the Software on your mobile phone. You may not use the Software on any mobile phone or other computing device you do not own. You may not sublicense, sell, distribute or make the Software available over a computer network. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any updates to the Software. Any attempt to do so is a breach of this Agreement. The terms of this Agreement govern any upgrades to the Software, unless such upgrade is accompanied by a separate agreement.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO USE OF THE SOFTWARE; AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY PERSONAL INJURY OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, LOSS OR CORRUPTION OF DATA OR FAILURE OR MALFUNCTION OF YOUR MOBILE DEV, ICE. COMPANY SHALL NOT BE LIABLE TO YOU EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. COMPANY SHALL NOT BE LIABLE TO YOU REGARDLESS OF THE THEORY OF LIABILITY WHETHER BASED IN CONTRACT, IN TORT OR OTHERWISE. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS TO CEASE USE OF THE SOFTWARE. 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. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
No Warranty. THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET EN]OYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK.
Your Information. The Software may require transmission of information provided by You including usernames/passwords, your name, address, and e-mail addresses, (collectively "Your Information") in order to register and operate your Timex Device. You consent to the transmission of Your Information to Company and its agents, to process Your Information as may be necessary for the Software and the Timex Device to perform its functions. You acknowledge that Your Information will be stored by the Software in your mobile device in an encrypted format, and transmitted to servers that may be located in the United States and other countries. By providing us Your Information, you agree that Your Information may be transferred to and stored in these countries. These countries may have different and/or less stringent privacy/data protection and data security rules than those of your own country. As a result, Your Information may be subject to access requests from governments, courts, or law enforcement in those countries according to laws in those countries. Subject to the applicable laws in such other countries, we will provide the necessary safeguards to maintain protection of Your Information. Company makes no warranty that a third party cannot decrypt Your Information should a third party come into possession of Your mobile device. Company suggests and requests that You use all security features of Your mobile device, including any password or locking function, to protect Your mobile device and the confidentiality of Your Information. For further information on how the Company protects Your Information, read the Privacy Statement, which is incorporated into this Agreement by reference. The newest version of the Privacy Statement is available on the Company's website at http://www.timex.com/info/privacy-policy.
Acceptable Use. Use of the Software and any of Your Information transmitted in connection with the Software is limited to the functionality of the Software. In no event may the Software be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access Company's proprietary information that is not authorized by Company; (d) uses or launches any automated system to access Company's website or computer systems; (e) attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Company's computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; (h) violates this Agreement. Company reserves the right, in its sole discretion, to terminate this Agreement, request that You remove the Software from Your mobile device for any reason, including but not limited to Company's reasonable conclusion that You have violated this Agreement.
Indemnification. You agree to defend, indemnify, and hold harmless Company and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from Your use or misuse of the Software, violation of this Agreement or violation of any rights of a third party. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.
Intellectual Property Rights. You and Company acknowledge that, in the event of any third party claim that the Software or Your use of the Software infringes any third party's intellectual property rights, Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the Software be found to infringe any intellectual property rights of a third party, Your sole remedy shall be either to cease using the Software or to use a non-infringing version of the Software should Company choose to provide you with such a non-infringing version.
Product Claims. You acknowledge that Company is responsible for addressing any claims of the end-user 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.
Termination. This Agreement is effective until terminated by You or Company. You may terminate this Agreement by ceasing to use the Software and deleting it from your mobile phone. This Agreement will terminate automatically without notice from Company if You fail to comply with any term(s) of this Agreement. Upon termination of the Agreement, You shall cease all use of the Software, and destroy all copies, full or partial, of the Software.
Contact Information. Should You wish to contact the Company with any questions, complaints or claims with respect to the Software, you should visit the Company's website at www.timex.com or by phone at 1-800-328- 2677.
Proprietary Nature of Software and Marks. The Company owns the Software and any and all trademarks, service marks and other content included in the Software. The Software may use trademarks, service marks or other content in connection with the services it provides and such trademarks, service marks or other content remains at all times the property of its respective owner. You have no right or license with respect to any trademarks, service marks and other content owned by Company or any third party that is visible on or provided to You through the Software.
Third Party Materials and Links. The Software may display or make available content, data, information, services, software or materials from third parties ("Third Party Materials” ) or provide links to certain third party web sites ("Third Party Links"). If You use Third Party Materials or Third Party Links, You acknowledge that Company is not responsible for examining or evaluating the content, accuracy, validity, legality or any other aspect of such Third Party Materials or Third Party Links. Company does not warrant, guarantee or endorse any Third Party Materials or Third Party Links and will not have any liability to You for any Third Party Materials or Third Party Links or to any other party for Your misuse or use of Third Party Materials or Third Party Links. Location data provided by any Third Party Materials or Third Party Links is for informational purposes only and should not be relied upon in situations where precise location information is needed or where inaccurate location data may lead to personal injury or other damages. You agree that Third Party Materials and Third Party Links contain proprietary content and information that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for the permitted use of such Third Party Materials or Third Party Links. You agree not to use any Third Party Materials or Third Party Links in any manner that would be a breach of, or reasonably construed as a breach of, the terms of this Agreement. Company reserves the right to change, suspend, remove, modify access to or disable access to any Third Party Materials or Third Party Links at any time without notice.
No Export. You may not export or re-export the Software, including any export (a) into any countries subject to an embargo by the United States or (b) to any person on the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List and Entity List published by the U.S. Department of Commerce.
Governing Law. The laws of the State of Connecticut, excluding its conflicts of law rules, govern this Agreement and Your use of the Software and the Timex Device. Any action arising under this Agreement or use of the Software shall be judged in the courts of New Haven County, Connecticut.
Timex Connected EULA - iOS Timex Connected EULA - Android
http://assets.timex.com/timex_connected/eula/landing.html[10/27/2015 5:02:47 PM]