1.1 This End User License Agreement (the “License”) provides thelegal basis for using Anyware Solutions’ (“Anyware”, “our”, “us”,“we”, etc.) Smart Home Solution Application or Anyware App™ (the“App”) offered on our website and on relevant application platforms.
1.2 The App is designed to work with the Anyware Smart Adaptor™,which you can purchase on our website or from a reseller. Your purchase of hardware devices from our website will be subject to the terms and conditions provided separately for such purchase on our website (Anyware Sales Terms). Your purchase of hardware devices from a reseller will be subject to the legal terms provided by there seller.
2.1 We hereby grant you a non-transferable and non-exclusive license to use the App as available and updated from time to time.2.2The License is granted to you as the creator and administrator(“Owner”) of a Smart Home Solution Account (“Account”). Only individuals of the age 18 and older are permitted to act as AccountOwners. As Account Owner you have the option of adding authorized users (“Authorized Users”). When you add Authorized Users, these persons will automatically be bound by the License irrespective of age. This allows you to freely grant your roommates, spouses, children and others the opportunity to connect to the Account. As a result, you should authorize only persons that you trust to access your Account.
2.3 The License may be used by an unlimited number of AuthorizedUsers and on an unlimited number of applicable devices such ass mart phones, tablets and computers. 2.4You are not allowed to sublicense, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Appand your Account.2.5In the event that we extend the use of the App, for example by adding more features subject to free use or separate purchase agreements, the License will apply to such extended use.
3.1 The App is owned and operated by Anyware under theprotection of copyright laws. On this basis, you acknowledge that allintellectual property rights, including without limitation copyrights,patents, trademarks, and trade secrets, belongs to Anyware. This includes any material generated in the Anyware cloud. Your possession, access, and use of the App and our products do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.
3.2 The License covers your ordinary use of the App. You are notallowed to copy, modify or in any way reproduce or damage thestructure or presentation of the App or any content therein. You arealso prohibited from removing any references to copyrights, brandsor other rights presented in the App.3.3You are strictly prohibited from making any derivative works of,disassemble, reverse compile, or reverse engineer any part of theApp or the Anyware Smart Adaptor™ except as strictly allowed bycopyright laws.
4.1 We provide the App as it is from time to time. We take noobligation to develop or update the App in connection with theLicense.
4.2 We reserve the right, at any time, to modify, suspend, ordiscontinue the App or any part thereof with or without notice. Anysuch changes will not affect the License and we will not be liable toyou or to any third party for any modification, suspension, ordiscontinuance of the App or any part thereof.
4.3 Your Account is intended to be accessed and used for non-time-critical information and control of the Anyware Smart Adaptor™.While we aim for our services to be highly reliable and available,they are not intended to be reliable or available at all times, as theymight be subject to sporadic interruptions and failures for a varietyof reasons beyond our control, including Wi-Fi intermittency, serviceprovider uptime, mobile notifications and carriers, among others.
4.4 As Account Owner, you have the sole responsibility for the use ofthe App together with the Anyware Smart Adaptor™, including usingthe correct and safe hardware equipment, including Wi-Fi routers,mobile devices and any other hardware or software securitymeasures.
4.5 Irrespective of the reason and to the fullest extent permitted bylaw, Anyware cannot become liable for any losses or damagesincurred by you or any third party due to the use of the App byAccount Owner or Authorized Users. This includes all direct orindirect losses incurred, including for example loss of data, theft orheat or power utility irregularities.
4.6 The Anyware Smart Adaptor™ and the App is NOT an emergencytool and Anyware cannot be liable to any claim in this connection. We recommend that you take all usual and necessary precautionsfor the protection of your life and belongings, including using optionsprovided by authorities or any other stakeholders in case of fire,flood, burglaries, robberies or medical emergencies.
4.7 By accepting the License, you acknowledge these limitationsand agree that Anyware is not responsible for any damagesallegedly caused by the failure or delay of the functions applicable tothe App, the Anyware Smart Home Adaptor and your Account.
5.1 The License enters into force from the time of your creation ofan Account. The License expires automatically:a)at the time you may choose to close your Accountb)in case we close the App or the business for anyreasonc)in case of our justified termination of the Licensebecause of your breach of the License terms
6.1 The choice of law and legal venue will be subject to rules in yourcountry, when you act as a consumer. For all non-consumerpurchases, the License is subject to Danish law and legal inDenmark.
Anyware Solutions ApS
Preben Kaas' Vaenge 6