END USER LICENSE AGREEMENT
This Panasonic LinkRay-Light-ID Solution Application ("Licensed Application") made available through the Google Play, which is run by Google Inc., are licensed, not sold, to you from Panasonic Corporation (“Licensor”), provided that you agree to and wish to be bound by the terms of this End User License Agreement (“Agreement”). Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this Agreement.
In addition to proprietary computer programs owned by or licensed to Licensor, the Licensed Application contains certain open source software programs licensed under several licenses ("Open-Sourced Components"). For Open-Sourced Components, please refer to the applicable license terms which are shown by OSS License button at settings screen of Licensed Application. In the event of any conflict or inconsistency between the terms of this Agreement and those of the Open-Sourced Components, the latter shall prevail.
a. Scope of License:
This license granted to you for the Licensed Application by Licensor is limited to a nontransferable license to use the Licensed Application on any mobile devices running Android OS ("Android Device(s)") that you own or control. This license does not allow you to use the Licensed Application on any Android Device that you do not own or control. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Licensed Application and, if you sell your Android Device to a third party, you must remove the Licensed Application from your Android Device before doing so. You may not copy (except as expressly permitted by this license), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, any part, or any derivative works thereof (including but not limited to information or data communicated or exchanged between or among communication devices such as smartphones, mobile phones and tablet devices, Light-ID transmitter (modulator / LED unit), and/or servers owned or controlled by the Licensor or any third party(ies)) (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any Open-Sourced Components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data/Information:
(i) You agree that when you install the Licensed Application to your Android Device, a unique number will be allocated from Licensor’s server to each Licensed Application as a virtual terminal within the Service (“Terminal ID”) and the Service will be controlled and operated by the Terminal ID. Herewith, the service/website of Licensor and the service/website of third parties can link each other as the Service, and you can confirm your usage history of the Service. The Service shall mean that the service/website of Licensor and/or third parties which is accessed through Licensed Application (individually and/or collectively ).
(ii) You agree that Licensor may collect, accumulate and use the following non-personal data/information for the following purpose, and may disclose such data/information to third party to the extent it is necessary for the following purpose.
There are some icons on the Licensed Application which you may, at your option, register your favorite images/pictures. Licensor may collect, accumulate and use such image/picture registered as an icon for the purpose of providing the Service by changing the contents or user interface of the Service, but Licensor does not disclose such image/picture registered as an icon to any third party.
■data/information
・information regarding your Android Device
(including but not limited to OS type/version and usage language)
・user information you registered on the Licensed Application at your option:
(including but not limited to gender, birth year/month, occupation and hometown)
・information regarding the License Application and the Service:
(including but not limited to your terminal ID, log data and usage situation such as date and time which you used the Service, URL which you accessed and GPS information where you obtain Light-ID and gyro information, and registered location information of Light-ID transmitter (modulator / LED unit) which you obtain Light-ID (collectively referred as “Usage History”, and as long as it is edited in a form and style that does not personally identify you). In this section, Light-ID means signals described by blinking light through Light-ID transmitter.
・related information and technology regarding other device, system and peripherals
■purpose
・To send your Android Device with the contents information you require through the Licensed Application and the Service
・To provide the Service by changing the contents or user interface of the Service based on the your usage situation of the Service, such as the number of times you used the Service
・To facilitate the provision of the software updates, support and other service to you (if any) related to the Licensed Application
・To provide/improve the Service, and to develop/provide the new services or to you ・Based on your use information and Usage History, to create the marketing research/analysis data, and trend analysis data such as taste and usage regarding the Service and other service and products, all of which are edited in a form and style that does not personally identify you (collectively referred as “Research and Analysis Data”), and make use of it by Licensor.
・To disclose and provide Research and Analysis Data made by Licensor to third party(ies) who is offering the Service in cooperation with Licensor so that such third party(ies) can make use of Research and Analysis Data on its marketing activities related to the Service
(iii) You agree that since Terminal ID depends on OS specification, your prior Usage History may not be taken over to another device or may disappear if (a) License Application is un-installed or re-installed or your Android Device is replaced with another one, and then your Terminal ID is changed, or (ii) you delete License Application data. You agree that Licensor shall not be liable in foregoing cases and you shall be born all of the liability and responsibility.
c. Termination. The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Notwithstanding the foregoing, Licensor may terminate the License any time without notifying you in advance. Upon termination of the license, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third-Party Materials. The Licensed Application may enable access to the Services. You understand and agree that by using any of the Services through Licensed Application, you are required to have an internet connection with your cost and liability. You shall pay all of the cost and payment relating to such internet connection including the fee for the internet service provider, telecommunication fee, but not limited to. You understand that there is a possibility that the availability or operability of the Licensed Application will be affected and be limited by your internet connection or by the limitation of your internet connection in terms of its function, bandwidth and technical thing. You also agree that Licensor shall not be liable for the internet connection provided by the third party and the third party shall be born all of the liability and responsibility to the internet connection, software, services and those quality, possibility and security provided by such third party.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Licensor shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. You acknowledge and agree that the third-party Services, Third Party Materials and web sites, and for any other materials, products, or services of third parties are out of control of Licensor and they are applied to certain terms and conditions of third party, and Licensor, and its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. The Licensor does not guarantee the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services.
You agree that the Services contain proprietary content, information and material that is owned by Licensor and/or its licensors, and 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 permitted use of the Services or in any manner that is inconsistent with the terms of this license or that infringes any intellectual property rights of a third party, the Licensor. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Licensor is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the Android Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such Services. Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
Licensor may change, add, suspend or stop the Service and its contents, and make changes, additions, etc., to usage conditions (including those for the purpose of Service-related maintenance or construction work etc.) without prior notice to you. Licensor may discontinue all or part of the Service by making a reasonable prior announcement on the Service screen.
Licensor may assign or hand over all or part of its rights and obligations under this Agreement to a third party by making a reasonable prior announcement on the Service screen.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OR INSTALL OF THE LICENSED APPLICATION ON YOUR ANDROID DEVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION 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 OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION ON YOUR ANDROID DEVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION 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 LICENSOR BE LIABLE FOR PERSONAL INJURY OR 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 LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 Licensor'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.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. 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, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. The following are the copyright notices of the Licensed Application. Copyright © 2016 Panasonic Corporation
As for the copyright notices of Open-Sourced Components, please refer to the copyright notices which are shown by OSS License button at settings screen of Licensed Application.
j. LinkRay and are Licensor’s trademarks and/or registered trademarks, and all rights are reserved by Licensor.
k. The laws of the State of New York, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
Last updated, March 31, 2017
Information regarding the Licensor (Licensed Application provider)
・Name: Appliances Company of Panasonic Corporation
・Address: 1006 Kadoma, Kadoma City, Osaka 571-8501 JAPAN
・Contact : no-reply-iclightid@gg.jp.panasonic.com