1 SECURITAS INSTALLER APP
1.1 The App is provided to technicians working with Securitas that have an ID code and associated PIN code. The App provides you with the ability to access and control locations where you are registered as a technician. By using the App you can, for example, (for locations where you are registered as a technician) add locations or remove them from tests, view contacts, and perform a function test.
2.1 Subject to the terms and conditions of this EULA, We grant you a non-exclusive, non-transferable, fully revocable license to use the App. You are not granted any other rights to the App than clearly set out in this EULA. The App is licensed, not sold, to you. Your use of the App is subject to your prior acceptance of this EULA. It is important that you read and understand this EULA before using the App. If you do not agree (or cannot comply), you must not use the App.
2.2 This EULA will apply to any upgrades, amendments or modifications of the App, unless such upgrades, amendments or modifications are accompanied by a separate license.
3 USE OF THE APP
3.1 Except as otherwise expressly provided in this EULA you may:
i. not use, copy or otherwise transfer or let anyone else use the App, or parts thereof, except as expressly permitted by this EULA. You must only use the App on a device that you own or under your control;
ii. only use the App for its intended purpose(s) and in accordance with this EULA and other instructions and terms stated in the App or otherwise notified by Us; and
iii. not breach, circumvent, remove or affect the technique or security systems used to protect the App or the content of the App. You may not act in a way that may cause the App to be disabled, overloaded, deteriorated or harmed, or in any other way that may cause Us or the App any damage. Further, you may under no circumstances alter, develop, reverse engineer, decompile, disassemble, attempt to derive source code, create derivative works of or make additions to the App without Our and/or Our licensors express written permission.
3.2 If you have created an account to be able to use the App, you are responsible for providing and maintaining current, complete and accurate information for your account and to keep your account safe from access by others.
3.3 To function properly the App may require access to services provided by other parties than Us, such as network connection. There may be a cost associated with such services. We are not liable for any additional terms and costs of such services, or for the proper functionality of such services.
3.4 If you use the App in breach of this EULA or reasonably cause Us and/or Our licensors or the App any harm, We are entitled to immediately suspend or terminate your license to use the App. Upon notice of such suspension or termination you shall immediately stop using the App.
4 INTELLECTUAL PROPERTY RIGHTS
You acknowledge that We and/or Our licensors is the owner of the App (including any and all upgrades, modifications, improvements, adaptions, enhancements, or translations thereto), and that We and/or Our licensors own all rights, including intellectual property rights (such as copyright, trademarks, source code, inventions and other intellectual property rights) attributable to the App.
5 USE OF DATA
You agree that We and/or any affiliate within the Securitas Group may collect and use any data and related information — including but not limited to technical information about your device, system and application software, and peripherals — collected by or for Us, you and/or a customer in the course of using the App and/or that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App. We and/or any affiliate within the Securitas Group may use such data and related information, as long as it is in a form that does not personally identify you or any other individual, to improve products, develop new products and services, and/or to provide services or technologies to you.
6 NO WARRANTY
6.1 The App is provided to you “as is”, with all faults and without warranty of any kind. To the maximum extent permitted by applicable law and except as expressly stated in this EULA, We make no warranties or representations, whether expressed or implied with regard to the App and expressly disclaims any and all expressed, implied or statutory warranties, including, without limitation, any warranties of merchantability, of satisfactory quality, functionality, fitness for a particular purpose, availability, accuracy, freedom from malicious code,viruses, worms or other malware, of title, non-infringement of third party rights and any warranties arising from a course of dealing, course of performance, or usage of trade, with regard to the App. We do not warrant that the App will meet your requirements. We aim to maintain the App well-functioning, but do not assume responsibility for malfunctions, failures, or difficulties with the App.
6.2 It is important that you use up-to-date anti-malware and virus protection to protect your device and systems from malware and viruses.
6.3 The App may not be compatible with all devices. This means that the App might not work with your device.
6.4 We may at our discretion provide updates and upgrades of the App, but have no obligation to do so or to fix any defect, error or bug in the App. We may at any time decide to discontinue the App and/or to prevent you from continuing using the App.
7 LIMITATION OF LIABILITY
7.1 To the extent not prohibited by law, in no event shall We be liable for personal injury or any incidental, special, exemplary, direct, indirect or consequential damages whatsoever, including, without limitation, damages for loss of use, loss of data, loss of business, loss of actual or anticipated profits or savings (including loss of contract), loss of opportunity, business interruption or any other pecuniary or commercial damages or losses, arising out of or related to your use or inability to use the App, however caused, regardless of the theory of liability (contract, tort, including negligence or otherwise) and even if We have been advised of the possibility of such damages.
7.2 You hereby, to the maximum extent permitted by law, agree that you will not be allowed to make any claims against Us arising out of, or in any way connected to your use of the App (waiver).
7.3 In no event shall Our total liability to you for all damages (other than as may be required by applicable law) exceed the amount of ten euro (€10).
We reserve the right to amend and update this EULA from time to time. Amendments that are not clearly to your advantage will be notified to you at least thirty (30) days before entering into force, unless such amendments need to be implemented directly for security, legal or regulatory reasons, in which case We will notify you as soon as possible.
9 NO WAIVER
No failure, omission or delay by Us in exercising any right or remedy under this EULA will operate, or be deemed to operate, as a waiver of any such right or remedy.
We may freely assign this EULA or all or part of Our rights and obligations hereunder.
11.1 You may terminate this EULA at any time by deleting the App. We may terminate this EULA at any time, for any reason, or without reason, without liability.
11.2 After termination you shall immediately cease all use of the App and uninstall/delete the App from all devices that you own or under your control.
12 GOVERNING LAW
This EULA shall be governed by and construed in accordance with the laws of [Sweden], without regard to choice or conflict of law principles.
13 TERMS IN RELATION TO APPLE, INC.
13.1 If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple.
13.2 This EULA is concluded between you and Us only, not with Apple, and Apple is not responsible for the App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You agree to comply with any applicable third party terms, when using the App.
13.3 In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty under this EULA will be Our sole responsibility.
13.4 Apple is not responsible for addressing any of your or a third party’s claims relating to the App or your possession and/or use of the App, including, but not limited to: (1) product liability claims, (2) any claim that the App fails to conform to any applicable legal or regulatory requirements, and (3) claims arising under consumer protection, privacy, or similar legislation.
13.5 In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, We and/or Our licensors, not Apple, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
13.6 You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
13.7 Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA.
14 CONTACT INFORMATION
To contact Us, please use the following details: