End User Agreement
This End User Agreement is a legal agreement («Agreement») between the users («you») of Software and Products (as defined below) on the one hand and 3D ALARMA located at Avenida Conde de Lumiares, 17 – 1 in Alicante, its subsidiaries and affiliates (collectively, «3D ALARMA», «we», «us» or «our») on the other hand. If you accept this Agreement not as an individual but on behalf of your company, then «you» means your company and you bind your company to this Agreement. You should read the following terms and conditions carefully before accessing or using any of the 3D ALARMA products listed in https://3dseguridad.com/ (the «Products» or the «Product»). The Products may contain embedded software («Software»), access to and use of which is authorized by 3D ALARMA. to your customers for use only as set forth below. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK «I AGREE» AND DO NOT USE THE PRODUCT. YOU CAN DECIDE TO RETURN THE PRODUCT TO 3D ALARMA IMMEDIATELY BY CONTACTING 3D ALARMA AT THE ADDRESS BELOW. BY CLICKING «I AGREE» OR ACCESSING OR USING THE PRODUCT, YOU INDICATE THAT YOU ACCEPT AND AGREE TO THESE TERMS OF THIS AGREEMENT. THE PRODUCT LIMITATIONS SECTION BELOW SPECIFIES IMPORTANT LIMITATIONS OF SOFTWARE AND RELATED SERVICES IN RELATION TO THE SAFETY OF LIFE AND CRITICAL USES. PLEASE READ THIS SECTION CAREFULLY AS YOU ACKNOWLEDGE AND AGREE TO THEM.
Scope of the Agreement
This Agreement governs the legal rights and obligations of end users of the Products and Software, on the one hand, and 3D ALARMA, on the other. This agreement governs the intellectual property rights, privacy policy, warranty, and other matters set forth in this agreement.
Contractual relationship
You represent and warrant that you have the capacity to enter into this Agreement relating to the Software and Product and that you are of sufficient legal age in your jurisdiction or residence to use or access the Software and Product. Your use of the Services is subject to the following additional restrictions: You represent, warrant and agree that you will not use or interact with the Products and Software in a manner that:
- Infringes or violates the intellectual property rights or any other rights of any other person (including 3D ALARMA);
- Violates any law or regulation;
- Is harmful, fraudulent, misleading, threatening, harassing, defamatory, obscene or otherwise objectionable;
- Endangers the security of your 3D ALARMA account or anyone else’s (such as allowing someone else to log in as you to the account);
- Attempts, in any way, to obtain the password, account, or other security information of any other user;
- Violates the security of any computer network or cracks passwords or security encryption codes;
- Decompiles, reverse engineers Software and Products or otherwise attempts to obtain the source code of the Software (except (i) for sample code examples or tutorials that we provide on the Services that are clearly marked as such, or (ii) to the extent such restriction is prohibited by applicable law).
This Agreement gives you specific legal rights, and you may also have additional legal rights, which vary from jurisdiction to jurisdiction.
License
Subject to the terms and restrictions set forth in this Agreement, 3D ALARMA grants you a limited, non-exclusive, non-sublicensable, non-transferable license to install and use the Software, only in object code form, solely as integrated into 3D ALARMA. product that you own or control, and only for and in connection with your personal, non-commercial use of the Products. You are not permitted (and will not permit others to do so) to lease, rent, distribute, assign, commercially exploit or sublicense the Software or use the Software in a timeshare arrangement or in any other unauthorized manner. In addition, no license is granted to you to the human-readable code of the Software (source code). The Software and accompanying documentation may be copied only as essential for backup or archival purposes in support of your use of the Software as permitted herein. You must reproduce and include all copyright and other proprietary rights notices appearing on the Software in any copy you make.
Other software
This Agreement does not apply to any open source software included in the Products or to any third-party software that has been separately licensed under the terms of several separate license agreements («Other Software»). The Other Software is not subject to the terms and conditions of this Agreement and is instead licensed to you under the terms of the applicable third-party license agreements (the «Other Software Terms»). The copyrights in the Other Software belong to the copyright holders listed in the Other Software Terms. To the extent required by the Terms of other software, 3D ALARMA will make available the open source software of the Product and any modifications made by 3D ALARMA upon written request to 3D ALARMA at the email address listed below. Any term of this Agreement that conflicts with the terms of any license agreement for Other Software shall not apply to the Other Software. Nothing in this Agreement limits your rights or grants you rights that supersede the terms and conditions of any applicable end-user license for the Other Software.
Software Updates
From time to time, 3D ALARMA may provide updates, enhancements, patches, bug fixes, and other modifications to improve the Software and related services («Patches»). You acknowledge that you may need to install Patches in order to continue to access and use the Products and Product Software. You agree and consent to patches being installed automatically without receiving any additional notice or providing any additional consent.
No assignment; No Reverse Engineering
Modification, reverse engineering, reverse compilation, or disassembly of the Software is expressly prohibited. However, if you are a resident of the European Union («EU»), the information necessary to achieve interoperability of the Software with other programs within the meaning of the EU Directive on the Legal Protection of Computer Programs is available to you through 3D ALARMA upon written request.
Export Restrictions
Export Restrictions The Software and Product are subject to export restrictions by the United States government and import restrictions by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations in your use of the Software and Products. You shall not (and shall not permit any third party to do so) remove or export from the United States or permit the export or re-export of any portion of the Software and Product or any direct product thereof: (a) to (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to any person on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals; (c) to any country to which such export or re-export is restricted or prohibited, or in which the United States Government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import restriction, law, or regulation of any U.S. or foreign agency or authority. You represent and warrant that (i) you are not located in, under the control of, or a national or resident of any such prohibited country or on any list of prohibited parties and (ii) that none of your personal data is controlled under the U.S. International Traffic in Arms Regulations. The Products may not be used for the design or development of nuclear, chemical, or biological weapons or missile technology without the prior permission of the U.S. government. You hereby agree to indemnify and hold harmless 3D ALARMA from all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys’ fees) arising out of or resulting from your breach of this paragraph.
Title; Trade Secrets
You acknowledge and agree that all (a) worldwide copyrights and other intellectual property rights, and (b) ownership and title to the Software and all subsequent copies thereof, regardless of form or medium, belong to and are the exclusive property of 3D ALARMA and its suppliers. You further acknowledge and agree that the Software contains valuable trade secrets and proprietary information of 3D ALARMA and its suppliers. You agree to keep such trade secrets and proprietary information confidential and acknowledge that any actual or threatened breach of this obligation will constitute immediate and irreparable harm for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.
Copyright and Trademarks
All materials and content appearing on the 3D ALARMA website (https://3dseguridad.com/), 3D ALARMA mobile applications and software are owned by 3D ALARMA, licensed or sublicensed by 3D ALARMA and used by 3D ALARMA in accordance with applicable licenses and laws. You may not copy, distribute, or otherwise disseminate any material or content (including logos, images, or data) or use it in any manner that is not consistent with the copyright or trademark holder’s exclusive rights, unless you are the owner of such materials. or have the express written permission of the owner of such materials. All rights not expressly granted to you under this Agreement or other applicable terms and conditions are expressly reserved by 3D ALARMA or, if applicable, by the owner of such rights.
Privacy Policy
3D ALARMA is committed to protecting your privacy with respect to any information collected under the terms of your agreement(s). By acknowledging your agreement to this Agreement, you agree to the Privacy Policy which is made public on the Website.
No Implied Rights
All rights not expressly granted to you by 3D ALARMA in this Agreement are hereby reserved by 3D ALARMA and its suppliers. There are no rights implied in this Agreement.
Legend of the U.S. Goverment
The Software is commercial in nature and is developed solely with private funds. The Software is delivered as «Commercial Computer Software» as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a) and, as such, is provided only with the rights provided in this Agreement. which is 3D ALARMA standard commercial license for the Software. Technical data is provided with limited rights only as provided in DFAR 252.227-7015 (November 1995) or FAR 52.227-14 (June 1987), as applicable.
Term and Termination
This Agreement is effective as of the date you first use the Software or Products and will continue until terminated. You may terminate it at any time by giving written notice to 3D ALARMA. It will also terminate immediately if you fail to comply with any term of this Agreement. Upon such termination, the licenses granted by this Agreement will immediately terminate and you agree to cease all access to and use of the Products, Software and documentation. Provisions that by their nature continue and survive shall survive any termination of this Agreement.
Governing Law and Jurisdiction
Courts in some countries will not apply Delaware law to some types of disputes. If you reside in one of those countries where Delaware law does not apply, the laws of your country will apply to such disputes relating to these terms. Otherwise, you agree that the laws of the State of Delaware and the United States govern this Agreement, as well as any claims, disputes, actions, or problems that may arise out of or in connection with it, excluding its conflicts of law principles. Any action or proceeding relating to this License must be brought in a federal or state court located in New York and each party irrevocably submits to the jurisdiction and venue of such court in any claim or dispute, except that 3D ALARMA may seek injunctive relief in any court having jurisdiction to protect your confidential information or intellectual property. The United Nations Convention on Contracts for the International Sale of Goods (1980) is excluded in its entirety from the application of this Agreement.
No Assignment
You may not assign or transfer your rights under this Agreement. Any purported assignment or transfer in violation of this paragraph is void.
Limited Warranty
The limited warranty for the Product is the one stated on the 3D ALARMA website or in the Warranty section of the user manual that accompanies the Product. NO WARRANTY IS MADE FOR THE SOFTWARE.
Disclaimer of Warranty
NOT WITH STANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3D ALARMA PROVIDES THE SOFTWARE «AS IS» AND DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES. MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 3D ALARMA DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SOFTWARE. 3D ALARMA MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
Product Limitations
You acknowledge that neither the Products nor the Software are certified for emergency response. YOU UNDERSTAND THAT THE PRODUCT AND SOFTWARE ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM AND 3D ALARMA WILL NOT MONITOR EMERGENCY NOTIFICATIONS OR SEND EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. YOUR USE OF THE SOFTWARE AND PRODUCT IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR (AND 3D ALARMA DISCLAIMS) ANY LOSS, LIABILITY OR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SOFTWARE OR PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY LOSS, LIABILITY OR DAMAGE TO YOUR PERSON, POSSESSIONS, PERSONAL PROPERTY (INCLUDING, WITHOUT LIMITATION, THE PRODUCT, OTHER PRODUCTS OR PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER AND MOBILE DEVICE), DATA, HOME, APARTMENT, UNIT, DWELLING, STRUCTURE, OR RESIDENCE. 3D ALARMA’s customer service contacts cannot be considered a life-saving solution for at-risk individuals at home and are not an adequate substitute for emergency services. All emergency and life-threatening events should be directed to 911 or appropriate responders. In the event that the product is connected to emergency response services, 3D ALARMA is in no way responsible for the actions or inaction of such third party providing emergency services. Response services.
Limitation of Liability
Nothing in this Agreement (including anything specified in this «Limitation of Liability» provision) shall attempt to exclude or limit liability that cannot be excluded or limited under applicable law. TO THE FULLEST EXTENT PERMITTED BY LAW, IN ADDITION TO THE FOREGOING WARRANTY DISCLAIMERS, 3D ALARMA DISCLAIMS AND EXCLUDES TO ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA OR OTHER LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE OR INTERRUPTION OF THE SOFTWARE OR PRODUCTS, EVEN IF 3D ALARMA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND LIMITS THEIR LIABILITY TO REPLACEMENT, REPAIR OR REFUND OF THE PURCHASE PRICE PAID, A 3D ALARMA OPTION. THIS DISCLAIMER OF DAMAGES SHALL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
Disclaimer
In addition to this Agreement, you may also have other legal rights that vary from jurisdiction to jurisdiction. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers, or the limitation of liability for personal injury, so the above limitations and exclusions may be limited. in your application to you. Where it is not permitted to exclude implied warranties in their entirety, they shall be limited to the extent and duration of the applicable written warranty. Your specific legal rights may vary depending on local law.
Divisibility
In the event that any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not be affected or impaired in any way and a valid, legal and enforceable provision of similar intent and economic impact shall be superseded by the same.
Notices
3D ALARMA may send notices to you by email or to a mailing address. Notices will be sent to the address you registered in 3D ALARMA.
Exemptions
All waivers by 3D ALARMA will be effective only if made in writing. Any waiver or failure by 3D ALARMA to enforce any provision of this Agreement on one occasion shall not be deemed a waiver of any other provision or such provision on any other occasion.
Subtitles
The headings and paragraph headings in this Agreement are for your convenience and should not be used to interpret this Agreement.
Complete agreement and amendment
This Agreement sets forth the entire understanding and agreement between you and 3D ALARMA, supersedes all prior agreements, whether written or oral, with respect to the Software and/or Products, and may be modified only by a writing signed by both parties identifying . as an amendment to this Agreement.
Questions or additional information
If you have questions about this Agreement, please contact 3D ALARMA by sending an email to 3dcontigo@3dseguro.com, ‘legal APP’.