By using or accessing the hardware, including its electrical components and plastic design, and software embedded on or related to this Venstar product (the “Product and Product Software”) including, but not limited to, use or access to (a) including, the websites located at Venstar.com, Skyportcloud.com, skyport.io and each of their sub-domains, and any other domain(s) owned by Venstar (each, a “Site”), (b) services through the Site and any updates thereto (“Site Services”), and (c) application(s) (“app(s)”) or software related to the Site that may be downloaded to your mobile device and any updates thereto (“Mobile Software”), (d) the software that is embedded on the Venstar product (“Embedded Software”) and ‘ (e) any application programming interface provided in the software for any “Site”, “Mobile Software” or "Product and Product Software” (“API”) (collectively and inclusive of the Site, Site Services, Mobile Software, Embedded Software and/or any API referred to hereinafter as the “Product and Product Software”), you are agreeing to the terms of this End User License Agreement (“EULA”) between you and Venstar, Inc. (“Venstar ” or “we”).
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE PRODUCT OR PRODUCT SOFTWARE, AND YOU MAY CHOOSE TO PROMPTLY RETURN THE PRODUCT FOR A REFUND OF THE PRODUCT PURCHASE PRICE BY CONTACTING VENSTAR.
FURTHERMORE, BY INSTALLING AND/OR USING THE PRODUCT HARDWARE OR SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THE PRODUCT HARDWARE OR ANY OF THE PRODUCT SOFTWARE.
This EULA governs your access and use of the Product and Product Software. This EULA gives you certain legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability of this EULA will apply to the extent permitted by law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of this EULA may not apply to you.
THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE PRODUCT AND PRODUCT SOFTWARE OR INSTALLING OR USING THE PRODUCT HARDWARE YOU ARE ACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH SUCH INSTALLATION ACCESS OR USE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE PRODUCT AND PRODUCT SOFTWARE AND TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PRODUCT, PRODUCT SOFTWARE.
AS DESCRIBED BELOW, SECTION 9 DESCRIBES IMPORTANT LIMITATIONS OF THE PRODUCT, PRODUCT SOTWARE AND RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, ASPECTS OF PERSONAL SAFETY AND CRITICAL USE OR ACCESS OF THE PRODUCT, AND ALL PRODUCT SOFTWARE RELATED THERETO.
The parties to his EULA are independent contractors.
You acknowledge that the Product and Product Software contains valuable trade secrets and proprietary information of Venstar, that any actual or threatened breach of Section 2 (Restrictions) of this EULA will constitute immediate, irreparable harm to Venstar for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.
The headings of Sections of this EULA are for convenience and are not to be used in interpreting this EULA.
Except as otherwise provided in this section, no amendment to this EULA will be valid unless it is in writing.
Questions or Additional Information. If you have questions regarding this EULA, please contact Venstar at email@example.com.