License Agreement for the mobile application attributable to Husqvarna’s server system, Robotic Automower Connect.
The mobile application (“Service”) is made available as a program application provided by Husqvarna AB, address: SE-561 82 Huskvarna, Sweden, telephone number: +46 (0)36 14 65 00, www.husqvarnagroup.com, Corporate identity number: 556000-5331 (“Husqvarna”). The Service is provided on-line and accessed via the Internet.
The purpose of the Service is to provide you with additional service for your Husqvarna robotic mower.
You hereby accept that Husqvarna at any time and without any prior notice - without any liability whatsoever – may discontinue in whole or in part to provide the Service and also change the Service and its scope.
When registering to access the Service you accept that a personal account is created. The account is directly linked to a specific robotic mower or mowers and the owner thereof. The account is only accessible through a personal password chosen by you.
Any change of ownership of the robotic mower requires that the previous owner immediately deactivates the connection between the Service and the robotic mower.
Subject to the terms and conditions set forth in this License Agreement, Husqvarna grants you a non-exclusive, non-assignable and non-transferable license to use the Services. The Service is the property of Husqvarna and protected by copyright and other intellectual property rights. Husqvarna reserves all rights to the Service.
You are entirely responsible for maintaining the confidentiality of any user credentials provided to you or chosen by you and you agree to notify Husqvarna immediately of any unauthorized use of the Services or any other breach of security.
Except to the extent permitted by applicable mandatory law, you may not decompile, reverse engineer, attempt to derive the source code of, modify, create derivative works of the Services and their content. Any attempt to do so is a violation of the rights of Husqvarna. If you breach this restriction or otherwise fail to comply with any term(s) of this License Agreement, this will result in automatic termination of the License Agreement, without any notice from Husqvarna. You may also be subject to criminal prosecution and civil damages.
This License is effective until terminated or until the robotic mower undergoes a change of ownership.
If you download the Service through any application store provided by Apple Inc., or any of its subsidiaries or affiliates (collectively “Apple”), you acknowledge that this License Agreement is between you and Husqvarna only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this License Agreement, and upon your acceptance of this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this License Agreement against you as a third party beneficiary of this License Agreement. You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Service 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 list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, 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 the Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons
You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, or specially designated nationals.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE AND ITS CONTENT IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. HUSQVARNA HERBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCESSABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HUSQVARNA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE SERVER SYSTEM FOR THE ROBOTIC CONNECTIVITY & TRACKER. HUSQVARNA DOES NOT WARRANT THAT THE SERVICE IS FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.
ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE EXCLUDED TO THE EXTENT THAT LAW PROHIBITS THEIR EXCLUSION.
To the extent not prohibited by applicable law, in no event shall Husqvarna be liable for any direct, indirect, consequential, punitive, special or incidental damages (including without limitation, damages for loss of business, contract, revenue, data, personal injury, information or business interruption) resulting from, arising, out of or in connection with the use of, or inability to use the Services or out of or in connection with this License Agreement, even if Husqvarna has been advised of the possibility of such damages. In addition to the terms set forth herein, in no event shall Husqvarna be liable for any errors, inaccuracies, omissions or other defects in the Services. The same shall apply and shall include personal liability of its and Husqvarna’s employees, representatives and other agents.
You shall indemnify, defend and hold harmless Husqvarna and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Services; (ii) your breach of these terms; (iii) your violation of law; or (iv) your negligence or willful misconduct. These obligations will survive any termination of your license to the Services.
Applicable consumer protection legislation may entitle you to withdraw from the License Agreement until 14 days from the date of accepting the License Agreement. However, as the Service includes the supply of digital content initiated upon your acceptance of the License Agreement, you hereby expressly consent and acknowledge that your right of withdrawal does not apply to the Service.
As a consumer, you have statutory rights in relation to the Service in case it is not in conformity with the service specifications, including this License Agreement. These statutory rights (in so far applicable) are not affected by anything in this License Agreement. If you wish to exercise your statutory consumer rights, please contact us via the contact information provided in section 10 below.
If any provision of this Agreement is held to be unenforceable or invalid under any applicable law, such unenforceability or invalidity will not render this License Agreement unenforceable or invalid as a whole, and such provision will be modified, changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law.
The Service is controlled, operated and administered in Sweden by Husqvarna from its office in Sweden. If you access the Service outside of Sweden, you are responsible for compliance with all local laws. This License Agreement and any use of the Service shall be construed in accordance with and governed by Swedish law, without giving effect to its conflict of laws provisions. The Stockholm District Court shall have exclusive jurisdiction in first instance on any disputes arising from this License Agreement; provided that nothing herein shall prevent the application and enforcement of mandatory and applicable law.
If you are a U.S. resident then all matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of North Carolina.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (”AAA”) and the Federal Arbitration Act will govern the interpretation and enforcement of this section.
Judgment upon the award rendered by the arbitrator shall be binding upon the parties and may be enforced in any court having jurisdiction. Unless otherwise agreed by the parties, a single arbitrator selected by the parties shall conduct the arbitration, or, if the parties are unable to agree, the AAA shall select the arbitrator. The arbitration shall be held in Charlotte, North Carolina, and the arbitrator shall be required to issue a reasoned written decision with respect to any determination. The arbitrator shall be empowered to award money damages but shall not be empowered to award punitive, exemplary, or treble damages and shall have no power to decide any dispute except as between the parties to this Agreement. The fees of the arbitrator shall be divided equally between the parties, and each party shall bear all of its own remaining costs of the arbitration, including attorney fees. Any and all disputes shall be submitted to arbitration hereunder within one year after the date the dispute first arose or shall be forever barred. Arbitration shall be in lieu of all other remedies and procedures available to the parties; provided, however, that either party may seek preliminary injunctive relief prior to commencement of arbitration solely for the purpose of maintaining the status quo pending.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Notwithstanding the above, Husqvarna may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
For questions regarding the Service please contact:
The License Agreement was last updated: 16 May 2018