G-Homa End User License Agreement
Thank you for choosing G-Homa product. This end-user license agreement (this “Agreement”) is a legal document that contains the terms and conditions under which limited use of certain Software (as defined below) that operate with the Product is licensed to you.
It is to be reminded that the user should read carefully, fully understand this "Agreement" provisions, including eliminating or limiting the liability of the company disclaimer and rights of the user restrictions. Please read carefully and choose to accept or not to accept this "Agreement." Unless you accept this "Agreement", you have no right to install or use the software and related services. The Agreement is effective upon your clicking on the button below that indicates that you accept this Agreement, or in any other way using, copying or installing the Software, which will constitute your acceptance of, and agreement to, this Agreement, and is effective until terminated. The limited license in this Agreement will be automatically terminated if you fail to comply with any of the terms and conditions in this Agreement. You agree that upon such termination, you will immediately destroy all programs and documentation, including all copies made or obtained by you and otherwise cease use of the Software. All provisions of this Agreement save for the license grant and limited warranty, will survive termination.
The "agreement" is between the User and EverFlourish Electrical Co.Ltd ( “Company “) to install and use the software, and registration; and the use of related services provided by the Company entered into the agreement. The "Agreement" describes the rights and obligations between the Company and the user on the "Software" license and service-related aspects. "User" refers to whom it access to software licensing and registration number of software products and related services.
The "Agreement" will be updated by the Company whenever necessary. Once published, the new version will replace the original terms of the agreement without further notice. Users can re-download and install this software for the latest version of the agreement. Users continue to use the software and services provided by the Company will be deemed to have accepted the revised agreement.
LICENSE GRANT: “Software” means all software programs, applications and associated files provided by the Company with respect to the product, all modified versions of and upgrades or improvements to such programs (eg. those provided via web-based updates), all subsequent versions of such programs, and all copies of such programs and files. EverFlouish hereby grants you, installing the Software, the right to use, for your personal, non-commercial evaluation purposes, copies of the Software in object code from on products that you own. The terms of this Agreement will goven any upgrades provided by the Company that replace and/of supplement the original Software, unless such upgrade is accompanied by a separate end user license agreement in which case the terms of that end user license agreement will govern.
The "software" was developed by the Company. It is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text and “applets”, incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by EverFlourish or its suppliers. Therefore, you must treat the Software like any other copyrighted material and in accordance with this Agreement.
PROHIBITION: Without prior written consent of the Company, the user shall not implement，use, transfer or license to any third parties. The Software is licensed not sold. User only have the non-exclusive right to use the Software. You are not permitted to copy, modify or transfer the Software or documentation. You may not (1) decompile, disassemble or otherwise reverse engineer, break down, analyze or otherwise attempt to obtain the source code for the Software; (2) modify, adapt, or otherwise create derivative works from the Software; (3) remove or alter any copyright, trademark or other proprietary notice contained in the Software; or (4) use the Software in any manner not set forth in this Agreement or the Software’s documentation. All rights not expressly granted to you by the Company under this Agreement are hereby reserved by EverFlourish. You will not acquire such rights, whether through estoppel, implication, or otherwise.
- Use WiFi function: Device connects to home router network
- Know network status: G-Homa APP needs network to work
- Save and read the local memory: To save and read the image set for the device
- (GPS) location: Use for sunrise/sunset function
- Shortcut function: Create/delete a shortcut on the desktop for some device
- Notification authority: Receive the alarm message from the device
By using the Software, you acknowledge and agree that certain device activity information relating to the product will be transmitted to and stored on our Cloud in order to provide better functionality. Such information will be limited to generalized activity information. For the purpose hereof, “Cloud” means a technical environment delivering hosted service and resources over the internet in which the services and resources can be accessed in a manner that permits such service and resources to be made available “on demand”, scaling up or down, to the processing needs of the user over time.
WARRANTY: The Software, documentation, and any related information, goods or services are provided “As is” with NO warranty or representation of any kind whatsoever. To the maximum extent permitted by applicable law, EverFlourish, its resellers and its suppliers hereby disclaim all other warranties, express, statutory or implied, including but not limited to the implied warranties of merchantability, non-infringement, title, fitness for a particular purpose, lack of viruses, security, performance, lack of negligence, workmanlike effort, quiet enjoyment, that the functions contained in the Software will meet your requirements or be uninterrupted or error-free, or that defects in the software will be corrected. No oral or written information of advise given by the Company, a dealer, agent or affiliate shall create a warranty.
The entire risk of the use, results and performance of the Software are borne by you. Should the Software or related information, goods or services be defective, misused, unsuitable or cause or give rise to any harm or liability whatsoever, you, not the Company or its suppliers, affiliates, associates, dealer or agents, assume the entire liability, coat of repair, correction or any payment or other remedy whatsoever. Furthermore, no warranty or guarantee is made regarding the use or result of the Software or any related information, goods or services in terms of correctness, accuracy, reliability, timeliness or otherwise. You use and rely on the Software at your own risk.
To the maximum extent permitted by applicable law, in no event shall the Company, it’s affiliates, associates, dealers, agents or suppliers be liable for any indirect, exemplary, punitive, special, incidental or consequential damages interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever, arising out of or in any way related to the use of or inability to use the Software, even if the Company or such other entities have been advised of the possibility of such damages.
LIMITATION OF LIABILITY: In no event shall the total agreeable liability of the Company, it’s affiliates, associates, dealers, agents or suppliers to you for all damages exceed the lesser of fifty US Dollars or the price you paid for the software. The foregoing limitation will apply even if the above stated remedy fails of its essential purpose.
GOVERNING LAW AND JURISDICTION: The license is governed by the laws of the People’s Republic of China. In the event of any dispute or controversy between the User and the Company should first settled through private negotiations. Shall it not able to reach an agreement, the User agrees the settlement of the dispute be in Ningbo People’s Court, where the Company is located.
MISCELLANEOUS: This Agreement sets forth the entire agreement between the Company and you with respect to the Software and your use thereof. No provision of this Agreement may be waived, modified or superseded except by a written instrument signed by each of the Company and you. The Company may provide translations of this Agreement to its users as a convenience. However, this Agreement was drafted in Chinese and the parties agree that the Chinese-language version and this Agreement governs in the event of any conflict or inconsistency between the Chinese-language version and any translations thereof. Any suppliers of the Company shall be direct and intended third-party beneficiaries of this Agreement, including without limitation the disclaimers of warranties and limitations on liability set forth herein. No failure or delay in exercising any right or remedy shall operate as a waiver of any such (or any other) right or remedy. The language of this Agreement shall not be construed strictly for or against either party, regardless of who drafted such language or was principally responsible for drafting it.
This Agreement shall bind and inure to the benefit of the parties and their successors and permitted assigns. In the event of any legal proceeding between the parties arising out of or related to this Agreement, the prevailing party shall be entitled to recover, a addition to any other relief awarded or granted, its coats and expenses (including reasonable attorney’s and expert witness’ fees) incurred in any such proceeding.