By using the software (“Software”) that is embedded on or delivered with Petnet, Inc. (“Petnet” or “we”) products (each a “Product” and, collectively, the “Products”), you agree to the terms of this End User License Agreement (“EULA”) between you and Petnet. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE SOFTWARE AND YOU MAY CHOOSE TO PROMPTLY RETURN THE PRODUCT FOR A REFUND OF THE PRODUCT PURCHASE PRICE BY CONTACTING Petnet AT ITS EMAIL ADDRESS BELOW. Your use of: (i) the website located at petnet.io and any associated subdomains (each, a “Site”), (ii) services through the Site (and any updates thereto) (“Services”), and (iii) certain software that may be downloaded to your mobile device (and any updates thereto) (“Mobile Software”) is governed by Petnet’s Terms of Service, available at: petnet.io/legal/eula. Your purchase of the Product (excluding the Software) is governed by Petnet’s Limited Warranty, the terms of which are provided with the Product and are also available at: petnet.io/legal/warranty.
This EULA governs your access and use of the Software, and does not govern your use of the Site, Services, or Mobile Software, or your purchase of the Product. This EULA gives you specific 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 under this EULA will not apply to the extent prohibited by applicable 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 SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. 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 OF RESIDENCE TO USE OR ACCESS THE 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 SOFTWARE. AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC UPDATES OF THE SOFTWARE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SOFTWARE. CERTAIN OF THE SECTIONS BELOW DESCRIBE IMPORTANT LIMITATIONS OF THE SOFTWARE AND SERVICES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING AND ACCEPTING THEM.
Subject to the terms of this EULA, Petnet grants to you a limited and nonexclusive license (without the right to sublicense) to execute one copy of the Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes.
You agree not to, and you will not permit others to: (i) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Software or make the Software available to any third party, (ii) copy or use the Software for any purpose other than as permitted by this EULA, (iii) use any portion of the Software on any device or computer other than the Product that you own or control, (iv) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the Software, or (v) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Petnet and provide Petnet an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Software to any third party without prior written approval of Petnet for each such release.
Petnet may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Software and related services (“Updates”). Updates may be automatically installed without providing you any additional notice or receiving any additional consent from you. If you do not want such Updates, your remedy is to stop using the Product. If you do not cease using the Product, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use continue using the Product and the Software and you agree to promptly install any Updates Petnet provides. Your continued use of the Product is your agreement to this EULA and your consent to Updates.
The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Petnet and its licensors. Petnet and its licensors reserve all rights in and to the Software not expressly granted to you in this EULA. The Software (and all copies thereof) is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA. All feedback provided by you to Petnet with respect to the Software is Petnet’s property. Petnet may use, copy, modify, publish, or redistribute your feedback and its contents for any purpose and in any way without any compensation to you. You also agree that Petnet does not waive any rights to use similar or related ideas previously known to Petnet, developed by its employees, or obtained from other sources.
Certain items of software included with the Software are subject to so-called “open source” licenses (“Open Source Software”). Some Open Source Software is owned by third parties. Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Petnet makes such Open Source Software, and Petnet’s modifications to that Open Source Software, available by written request to Petnet at its email address listed below.
This EULA and the license granted hereunder are effective on the date you first use the Software or Product and shall continue for as long as you own the Product, unless this EULA is terminated under this Section. Petnet may terminate this EULA at any time if you fail to comply with any term(s) hereof. You may terminate this EULA effective immediately upon written notice to Petnet. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Software; notwithstanding such termination, the terms of Sections 2 through 18 (inclusive) will remain in effect.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Petnet PROVIDES THE SOFTWARE “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Petnet DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SOFTWARE. Petnet MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND Petnet DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOURSELF, YOUR HOME, AND YOUR PET RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SOFTWARE, OR PRODUCT.
NOTHING IN THIS EULA AND IN PARTICULAR WITHIN THIS "LIMITATION OF LIABILITY" CLAUSE SHALL ATTEMPT TO EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS: (I) IN NO EVENT WILL Petnet BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR SOFTWARE, EVEN IF Petnet KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) Petnet’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO Petnet OR Petnet’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. Petnet DISCLAIMS ALL LIABILITY OF ANY KIND OF Petnet’ LICENSORS AND SUPPLIERS.
Petnet does not guarantee or promise any specific level benefit to you or your pet from the use of the Products or Software or any feature of them. Actual benefits vary with factors beyond Petnet’s control or knowledge. The Software provides you information (“Product Information”) regarding the Products in your home and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date.
“Confidential Information” shall mean the Software and all other information disclosed to you that Petnet characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate, by your written records: (i) is previously known to you without restriction on disclosure; (ii) is or becomes, from no act or failure to act on your part, generally known in the public domain; (iii) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (iv) is independently developed by you without access to the Confidential Information. You shall preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this EULA, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation, or other third party without the prior written consent of Petnet. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Petnet in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this EULA, and will cooperate with Petnet in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any Confidential Information, then, prior to such disclosure, you will immediately notify Petnet to allow Petnet an opportunity to contest the disclosure and thereafter you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
The Software is a “commercial item,” as defined in 48 C.F.R. 2.101, and is “commercial computer software”, as such term is used in 48 C.F.R. 12.212. The Software is provided to U.S. government users only as a commercial end item and with only those rights as are granted to all other customers pursuant to the terms and conditions herein, in accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4.
You may not export or re-export any Software except in full compliance with all U.S. laws and regulations, executive orders and the like, including in particular the Export Administration Regulations of the U.S. Department of Commerce. Without limiting the foregoing, no Software may be exported or re-exported into (or to a national or resident of) any country to which the U.S. embargoes goods, or to anyone on the U.S. Treasury Department's list of “Specially Designated Nationals” and “Blocked Persons”, or the U.S. Commerce Department's “Denied Persons” List.
This EULA, and any claim, dispute, or controversy relating to this EULA, will be governed by the laws of California, without giving effect to its conflicts of laws principles. Any action or proceeding relating to this EULA must be brought in a federal or state court located in Los Angeles County, California and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that Petnet may seek injunctive relief in any court having jurisdiction to protect its intellectual property or Confidential Information.
This EULA is not assignable by you, and any such attempted assignment shall be void and without effect. Petnet may freely assign this EULA. No amendment to this EULA will be valid unless it is in writing signed by you and Petnet. 15. Miscellaneous. The Software is deemed irrevocably accepted upon your use of the Software or Product. Petnet will have no responsibility to provide maintenance or support services with respect to the Software. The Section headings of this EULA are for convenience and are not to be used in interpreting this EULA. Any notice from Petnet to you may be provided by email to the address associated with your Petnet account. If any provision of this EULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All waivers under this EULA by Petnet will be effective only if in writing. Any waiver or failure by Petnet to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If you have questions regarding this EULA, please contact Petnet at: firstname.lastname@example.org.