Internet of Things Mobile Assistant End-User License Agreement
This is a license agreement (“Agreement”) between you (called “Licensee” or “You” in this Agreement) and Carnegie Mellon University (called "Licensor" in this Agreement) to use the Internet of Things Assistant mobile application ("IoTA”). All rights not specifically granted to You in this Agreement are reserved to Licensor.
BY CLICKING THE “I AGREE” BELOW, YOU ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT SELECT REJECT AND DELETE THE APP FROM YOUR DEVICE.
BY CLICKING THE “I AGREE” BUTTON, YOU REPRESENT TO LICENSOR THAT:
- YOU ARE AT LEAST 18 YEARS OLD AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT;
- All information that You provide to Licensor is true and accurate, including Your identity, account information and information about You; and
- You will not use the IoTA in violation of any law, rule, ordinance, or regulation applicable to You or this Agreement.
RESERVATION OF OWNERSHIP AND GRANT OF LICENSE: Licensor retains exclusive ownership of the IoTA licensed under this Agreement and hereby grants to Licensee a personal, revocable, non-exclusive, non-transferable limited license to install and use the IoTA on a single mobile device owned and controlled by You for noncommercial research purposes, without the right to sublicense, pursuant to the terms and conditions of this Agreement. From the date of receipt, Licensee agrees to use reasonable effort to protect the IoTA from unauthorized use, reproduction, distribution, decompiling, reverse engineering or publication.
The IoTA is being provided by Licensor as part of a research study under Licensor’s IRB ID STUDY2017_00000369: Supporting Notice and Choice for Privacy in the Internet of Things, and Licensee’s use of the IoTA is further subject to the consent notification during the user registration process.
INTELLECTUAL PROPERTY PROTECTIONS: The IoTA is owned by Licensor and is protected by United States copyright laws and applicable international treaties and/or conventions. Patent pending.
RESTRICTIONS: You will not: (a) disassemble, reverse engineer, decode, decompile, modify (including without limitation writing to tables and/or changing data) or translate the IoTA, or otherwise attempt to derive or obtain the source code of the IoTA or use third party software products or services that do or attempt to do any of the foregoing, (b) Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer or otherwise grant any right in or to the IoTA to any third party, or (c) use the IoTA to infringe or violate the intellectual property or other rights of any person or entity; attempt, in any manner, to obtain the Account, password or other security information from any other user; or breach, test, circumvent (or attempt to breach, test or circumvent) any security protection or access management feature in the IoTA or otherwise attempt to gain unauthorized access to Licensor’s computer systems, networks, code or data. If You violate any of the above restrictions, Licensor can and will terminate Your right to access and use the IoTA. Licensee has not been granted any trademark license as part of this Agreement and may not use the name or mark "Internet of Things Assistant", "Carnegie Mellon" or any renditions thereof without the prior written permission of Licensor.
ASSIGNMENT: You may not assign this Agreement or Your rights hereunder without the prior written consent of Licensor. Any attempted assignment without such consent shall be null and void.
TERM: The term of the license granted by this Agreement is from Licensee’s acceptance of this Agreement by clicking “I Agree” below and is effective until terminated. Licensor, in its sole discretion, may terminate this Agreement, and may suspend or discontinue the IoTA or any service to which it connects for any reason and without prior notice.
DISCLAIMER OF WARRANTIES; NO ASSUMPTION OF LIABILITY; NO WAIVER OF CLAIMS: THE APPLICATION IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ANY WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR OF NON-INFRINGEMENT. Licensor is not assuming any risks or offering any compensation for any damages or liabilities or other harm incurred as a result of or related to Your use (or inability to use) the IoTA. However, nothing in this license prevents You from pursuing legal action to seek compensation in the event of malpractice, negligence, blame, fault, or guilt on the part of those involved in the research study (including the Licensor).
LICENSOR DOES NOT REPRESENT, PROMISE, WARRANT, OR GUARANTEE THE PRIVACY OR SECURITY OF ANY TRANSMISSION OR OF ANY DATA, WHETHER AT REST OR TRANSPORTED VIA THE INTERNET, CELLULAR OR NETWORK SERVICES, OR OTHERWISE, AND YOU ACKNOWLEDGE THAT THE INTERNET AND CELLULAR AND NETWORK SERVICES AND Your ACCESS TO AND USE OF THE LICENSOR SOFTWARE AND DATA USING THE APP ARE CAPABLE OF BEING INTERCEPTED BY THIRD PARTIES WITHOUT THE KNOWLEDGE OR PERMISSION OF LICENSOR AND ITS LICENSORS AND SUPPLIERS. ANY INTERCEPTION OR UNAUTHORIZED ACCESS TO OR USE OF THE LICENSOR SOFTWARE OR ANY DATA, WHETHER IN TRANSMISSION OR AT REST, OR ANY LACK OF PRIVACY OR SECURITY, THROUGH USE OF THE APP OR OTHERWISE WILL BE YOUR RESPONSIBILITY; PROVIDED HOWEVER, YOU ARE NOT PRECLUDED FROM PURSUING LEGAL ACTION TO SEEK COMPENSATION IN THE EVENT OF MALPRACTICE, NEGLIGENCE, BLAME, FAULT, OR GUILT ON THE PART OF THOSE INVOLVED IN THE RESEARCH STUDY (INCLUDING THE LICENSOR).
APP PLATFORM TERMS. When You download the IoTA from a third-party app store (the “Application Platform”), You acknowledge and agree that:
- These Terms are an agreement between us and not with the Application Platform. As between Licensor and the Application Platform, Licensor is solely responsible for IoTA.
- The Application Platform has no obligation to provide any maintenance and support services with respect to the IoTA.
- In the event of any failure of the IoTA to conform to any applicable warranty, (i) You may notify the Application Platform and the Application Platform may refund the purchase price for the IoTA to You (if applicable), (ii) to the maximum extent permitted by applicable law, the Application Platform will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is, as between Licensor and the Application Platform, Licensor’s responsibility.
- The Application Platform is not responsible for addressing any claims You have relating to the IoTA or Your possession and use of the IoTA.
- If a third party claims that an application infringes another party’s intellectual property rights, as between the Application Platform and Licensor, Licensor is responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
- The Application Platform and its subsidiaries are third-party beneficiaries of this Agreement as it relates to Your license to the IoTA. Upon Your acceptance of the terms and conditions of this Agreement, the Application Platform will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to Your license of the applications against You as a third-party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the applications.
If this Agreement conflicts with the Application Platform Terms, then the Application Platform Terms shall apply with respect to access and use of the IoTA or any other mobile application operated by Licensor. OTHER TERMS.
You understand and agree that Internet and cellular connectivity may be unreliable and that Licensor is not offering responsibility or compensation for any interruptions in or Your inability to access and use the IoTA, including without limitation those caused by interruptions in or lack of connectivity to the Internet or to cellular or network services or to third party Internet, cellular, or network service providers or bugs or errors in the IoTA or Your own software.
You, and not Licensor, are solely responsible for the accuracy of data You provide to and use with the IoTA and Your own software.
You are responsible for the cost of and the security of Your own access to the Internet and to cellular and network services.
However, these terms do not preclude You from pursuing legal action to seek compensation in the event of malpractice, negligence, blame, fault, or guilt on the part of those involved in the research study (including the Licensor). Any changes to this Agreement must be agreed to in writing by You and Licensor.