Android® End User License Agreement
This is an End User License Agreement ("EULA") between you and OJ Electronics A/S ("OJ
Electronics"). By using the Application ("Software") associated with the OJ Electronics
thermostat ("Product") you acknowledge that you have read and understand this agreement and
agree to the terms of this EULA.
IF YOU DO NOT AGREE TO THE TERMS OF THIS
EULA, YOU MAY NOT USE THE SOFTWARE, AND YOU MUST UNINSTALL THE
SOFTWARE FROM ANY DEVICE OWNED OR CONTROLLED BY YOU.
License. Subject to the terms of this EULA, OJ Electronics grants to you a restricted,
nonexclusive, nontransferable, revocable license to install and use the Software, in machine
executable object code form only, on one or more personal mobile devices using the Android®
mobile operating system which are owned and controlled by you. Such license is granted solely
for personal non-commercial purposes. Except for the limited license expressly set out in this
paragraph, nothing in the EULA should be interpreted or construed as conferring upon the user
any license or other rights under the intellectual property of OJ Electronics, its licensors,
affiliates, or any third party.
Restrictions. You agree not to, and will not assist other to: (i) use, copy, print, modify, adapt,
create derivative works from, market, deliver, rent, lease, sublicense, make, have made, assign,
pledge, transfer, sell, offer to sell, import, reproduce, distribute, or otherwise commercially
exploit the Software; (ii) reverse engineer, disassemble, decompile or translate the Software, or
otherwise attempt to derive the source code, structural framework or the data records of the
Software, or authorize any third party to do so; (iii) access the Software for purposes of
developing, marketing, selling or distributing any product or service that competes with or
includes feature substantially similar to the Software; (iv) loan, resell or distribute the Software,
or any part thereof, in any way; (v) use, copy or store the Software on more than one mobile or
tablet device; (vi) use the Software remotely over any server other than OJ Electronics' server as
a hosted product; (vii) disable or circumvent any access control or security measures in the
Software; or (viii) use the Software in any way that does not comply with all applicable laws and
regulations. You may not release the results of any evaluation testing of the Software to any
third party without the express written authorization of OJ Electronics for each such release.
Ownership. OJ Electronics and its licensors and suppliers own all rights, title, and interest in
the Software and its intellectual property rights. The Software is protected by U.S. copyright
laws and the copyright law of other countries. The Software is licensed, not sold, to you for use
only under the terms of this EULA. There are no implied licenses in this EULA.
Energy Savings. Through the Software, OJ Electronics may provide information concerning
your energy usage and recommend steps to take for savings. Such information is provided for
informational purposes. OJ Electronics does not guarantee any specific level of energy savings
or other monetary benefit from the use of the Software or any of OJ Electronics' products or
services. Actual energy savings and monetary benefits vary according to factors beyond OJ
Electronics' knowledge or control.
Changes to the Software. OJ Electronics reserves the right to modify or discontinue,
temporarily or permanently, the Software or Product, without notice and without liability to you.
OJ Electronics may from time to time develop patches, bug fixes, updates, upgrades and other
modifications to improve the performance of the Software or related services ("Updates").
These Updates may be automatically installed without additional notice. You consent to these
automatic updates. You acknowledge that you may be required to install Updates to use the
Software and Product. If you do not agree to changes to the Software, you must stop using the
Software and Product. You further acknowledge that OJ Electronics does not have the
obligation to make available Updates, upgrades, or support services of any kind relating to the
Software, and that all Updates are provided at OJ Electronics' sole discretion.
Suggestions. Any suggestions, comments, ideas, improvements, or other feedback concerning
the Software or Product (collectively, "Suggestions") provided by you to OJ Electronics shall be
the property of OJ Electronics. OJ Electronics shall be free to use, disclose, reproduce, modify,
license, transfer and otherwise utilize and distribute your Suggestions in any manner without any
compensation to you.
Personal Information. You acknowledge and agree that by using the Software, OJ Electronics
may receive certain information about you, and may collect, use, and disclose such information
in accordance with its Privacy Policy. OJ Electronics' Privacy Policy is incorporated by
reference into this EULA. For information about our Privacy Policy, please review our Privacy
Policy.
Term and Termination. This EULA and the license granted herein are effective on the date
that you first use the Software and shall continue until terminated by you or OJ Electronics.
Your rights under this EULA shall terminate automatically and without notice if you violate any
of the terms of this EULA. Upon termination of this EULA, all rights granted to you herein shall
terminate immediately and you must stop all use of the Software. You may terminate this
EULA, effectively immediately, by submitting a written notice to OJ Electronics. The terms of
the Warranty Disclaimer, Limitation of Liability, Indemnity, and Ownership included in this
EULA shall survive the termination of this EULA.
General Legal Terms
Warranty Disclaimer. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE
SOFTWARE IS PROVIDED ON AN "AS IS," "WHERE AS," AND "AS AVAILABLE"
BASIS, WITH ALL FAULTS TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF
TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, QUALITY OR FITNESS
FOR A PARTICULAR PURPOSE OR ANY PURPOSE, NON-INFRINGEMENT OF THIRD
PARTY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS, AND
WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. NO
WARRANTY IS MADE THAT (i) THE SOFTWARE WILL MEET YOUR
REQUIREMENTS, (ii) ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, (iii) RESULTS THAT MAY BE OBTAINED
THROUGH USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, OR (iv) THE
SOFTWARE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
AND OJ ELECTRONICS DISCLAIMS ANY LIABILITY RELATING THERETO.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT OJ ELECTRONICS, ITS SUBSIDIARIES,
AFFILIATES, AGENTS, AND/OR REPRESENTATIVES SHALL NOT IN ANY EVENT BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR
SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR THE
PRODUCT, PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE OR
PRODUCT, ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR
TRANSMISSION OF THE SOFTWARE, AND/OR ANY OTHER FAILURE OR
PERFORMANCE OF THE SOFTWARE, OR ANY MATERIALS, OPINIONS, OR
RECOMMENDATIONS OF THIRD PARTIES ON THE SOFTWARE. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON OJ ELECTRONICS HAD
ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH
DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE
FORESEEABLE.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT IN NO EVENT
SHALL OJ ELECTRONICS OR ANY OF ITS SUPPLIERS, AFFILIATES, DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY
LOSS, DAMAGE, COST OR INJURY ARISING OUT OF OR RELATING TO YOUR
MISINTERPRETATION OR FAULTY INTERPRETATION OF ANY DATA GENERATED,
CALCULATED, REPORTED OR DISPLAYED BY THE SOFTWARE OR PRODUCT.
YOU HEREBY AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST OJ
ELECTRONICS AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, AND/OR
REPRESENTATIVES ARISING OUT OF YOUR USE OF THE SOFTWARE AND/OR
PRODUCT OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD
PARTIES. TO THE EXTENT THAT YOU RESIDE IN A JURISDICTION THAT DOES NOT
ALLOW THE WAIVER OF ALL CLAIMS IN THE MANNER SET OUT ABOVE, IN NO
EVENT SHALL OJ ELECTRONICS' TOTAL LIABILITY TO YOU FOR ALL CLAIMS
ARISING FROM OR RELATING TO YOUR USE OF THE SOFTWARE OR PRODUCT
EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO OJ ELECTRONICS FOR USE OF
THE SOFTWARE.
THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION
OR TERMINATION OF THIS EULA. IF APPLICABLE LAW DOES NOT ALLOW ALL OR
ANY PART OF THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY TO
APPLY TO YOU, THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY TO
YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
Indemnification. You agreed to indemnify, defend, and hold OJ Electronics and its licensors
and suppliers harmless from any claims, losses, liabilities, and demands (including costs and
attorneys' fees) made by any third party from or arising out of (i) your use of the Software or
Product, (ii) your violation of the terms of this EULA; or (iii) your violation of any law or rights
of any third party.
Jurisdiction / Governing Law / Choice of Forum.
Unless otherwise stated herein, these Terms and Conditions shall be governed by and construed
and enforced in accordance with the laws of the State of Illinois, without regard to conflict of
laws principles. For residents of the United States, Chicago, Illinois or the United States District
Court for the Northern District of Illinois shall be the sole and exclusive venue for any litigation,
proceedings, or other action which may be brought or arising out of or in connection with this
EULA.
For Canadian residents residing in Quebec, these Terms and Conditions shall be governed by,
and construed and enforced in accordance with the laws of Quebec, and the province of Quebec
shall be the sole and exclusive venue for any litigation, proceedings, or other action which may
be brought or arising out of or in connection with these Terms and Conditions. For all other
Canadian residents, these Terms and Conditions shall be governed by, and construed and
enforced in accordance with the laws of British Columbia, and the province of British Columbia
shall be the sole and exclusive venue for any litigation, proceedings, or action which may be
brought or arising out of or in connection with these Terms and Conditions.
With regard to all users, the United Nations Convention on Contracts for the International Sale of
Goods is specifically excluded from application to this agreement.
Severability. If any part of this EULA or the application thereof to any person or circumstances
is held to be invalid or unenforceable, such provision shall be construed, modified, or if
necessary, severed to the extent necessary to be enforced to the fullest extent permitted at law
and all the remaining portions, or the application of such part to persons or circumstances other
than those in respect of which it is held invalid or unenforceable, shall not be affected thereby.
Each part of this EULA shall be separately valid and enforceable to the fullest extent permitted
by law.
Export Control. You may not use or otherwise export, re-export, or import the Software except
as permitted by the United States laws and laws of the jurisdiction in which the Software was
obtained. You agree to comply with all such laws and regulations, and agree and acknowledge
that it is your responsibility to obtain authorization, as may be required, to export, re-export, or
import the Software. You will indemnify and hold harmless OJ Electronics from any and all
claims, losses, liabilities, and demands (including costs and attorneys' fees) arising out of your
violation of your obligations.
U.S. Government Entities. The software provided by OJ Electronics consist of "commercial
computer software" and "commercial computer software documentation" as such terms are used
in 48 C.F.R. 12.212 and qualify as "commercial items" as defined in 48 C.F.R. 2.101. The
software is provided to the United States Government: (i) for acquisition by or on behalf of
civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition
by or on behalf of united of the Department of Defense, consistent with the policies set forth in
48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those
rights set forth in the Terms and Conditions with respect to the software, and any use of the
software by the United States Government constitutes: (i) agreement by the United States
Government that the software is "commercial computer software" and "commercial computer
software documentation" as defined in this section; and (ii) acceptance of the rights and
obligations herein.
General Provisions
This EULA constitutes the entire agreement between OJ Electronics and you concerning your
access to and use of the Software. The terms of this EULA may not be amended except in
writing executed by an authorized representative of each party. The failure of OJ Electronics to
exercise or enforce any right or provision of the Terms and Conditions shall not constitute a
waiver of such right or provision. This EULA will inure to the benefit of and be binding upon
the parties and their respective successors and permitted assignees, and OJ Electronics shall have
the right to assign its rights or obligations arising out of this EULA. You may not assign the
rights or obligations arising out of this EULA to any third party, and any attempted assignment
shall be void.
The rights and remedies of OJ Electronics set out in this EULA are in addition to any other rights
or remedies OJ Electronics may have at law or in equity.
To the extent permitted by law, this EULA will be construed according to its plain meaning and
not strictly for or against any of the parties.
The parties acknowledge that they require that this EULA be drawn up in the English language
only. Les parties reconnaissent qu'elles ont exigé que la présente convention soit rédigée en
langue anglaise seulement.
OJ Electronics may be contacted at:
OJ Electronics A/S
Stenager 13B
DK-6400 Sønderborg
Denmark
Email: oj@ojelectronics.com
Effective Date: July 2023.