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.
You are
only allowed to create a connection between the Service and a
robotic mower
being equipped with the Automower Connect, if you are the owner.
By registering
your user information or by downloading or otherwise using the
Services, you
agree to be bound by this License Agreement, including the
Privacy Policy.
Husqvarna may from time to time modify this License Agreement
without prior
notice. You are cautioned to review the License Agreement
regularly to become
aware of any changes. By continuing to use the Service after any
changes have
been made, you are acknowledging your acceptance of such
changes. Should the
License Agreement, however, be amended in a way which would
entail substantial
changes to the way Husqvarna processes your personal data, you
will have the
right to request that Husqvarna refrains from processing your
personal data in
such new manner.
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: privacy@husqvarnagroup.com
*****
The License
Agreement was last updated: 16 May 2018