Terms & Conditions
Pulsar Engineering srl are pleased to provide you its "ThinKnx", "ThinKnx Pocket" and "Audiofy" branded mobile applications and any and all related documentation (part of Thinknx Apps suite, each, a "Thinknx App" or "App" and collectively, the "Thinknx Apps" or "Apps") a list of which is available at www.thinknx.com
PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY THINKNX APPS, for this End-User License Agreement governs your use of the Thinknx Apps and how we provide the Thinknx Apps.
This End-User License Agreement (including the Supplemental Terms, as applicable) ("EULA") is a legal agreement between you and Pulsar Engineering srl, an Italian registered company, which governs your use of the Thinknx Apps Thinknx is a Pulsar Engineering registered trade mark ("Thinknx", "we", "us" or "our").. By installing or otherwise using the Apps, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any Thinknx App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the App shall constitute reasonable means. Your continued use of the Apps after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Thinknx Apps. If you have any questions or concerns regarding the terms or conditions herein, please email us at firstname.lastname@example.org. Do not use the Apps until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
Use of the Apps is subject to our Datenschutzrichtlinie, which is hereby incorporated into this EULA by reference. This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Apps. The Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Apps if you download or install the Apps through such marketplaces.
Subject to your compliance with the terms and conditions of this EULA, Thinknx grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Thinknx Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
C. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
1. Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Thinknx Apps or use the Thinknx Apps for the benefit of any third party. Unless expressly authorized by us or permitted under the applicable mobile platform terms, you are prohibited from making the Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Apps, except to remove our Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Apps in any way. You do not have the right to and may not create derivative works of any Apps or any portions thereof. All modifications or enhancements to the Apps remain the sole property of Thinknx.
2. Thinknx Apps Updates. We reserve the right to add or remove features or functions to existing Thinknx Apps. When installed on your mobile device, the Thinknx Apps periodically communicate with our servers. We may require the updating of the Apps on your mobile device when we release a new version of the Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Apps. You acknowledge and agree that any obligation we may have to support previous versions of the Apps may be ended upon the availability of updates, supplements or subsequent versions of the Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Apps.
3. Access. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Thinknx Apps. If you access an App through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Apps from your device. Downloading, installing or using certain Thinknx Apps may be prohibited or restricted by your network provider and not all Apps may work with your network provider or device. We makes no representation that the Thinknx Apps can be accessed on all devices or wireless service plans. We makes no representation that the Thinknx Apps are available in all languages or that the Thinknx Apps are appropriate or available for use in any particular location.
4. Purchases & Cancellation Rights.
(A) Where you purchase from a third party: Certain Thinknx Apps are available for purchase from a mobile platform owner (e.g. Apple or Google) and/or will allow you to make an in-application purchase. Payment for such purchases may be processed by third parties who act on our behalf or directly by the mobile platform owner. European Union residents normally have a right to cancel online purchases within 14 days of making them. Please note and acknowledge: if you are resident in the European Union and download an Thinknx App from a mobile platform owner (e.g. Apple or Google), you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner's terms in this regard before purchase. This may also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the app (for example, the Apple App Store or the Google Play Store).
(B) Where you purchase from Thinknx directly: Please note and acknowledge: if you are resident in the European Union and download an Thinknx App from us directly, you agree to waive your cancellation and refund right once the download of the app or the relevant purchase is made. This means that you will not be able to cancel your order or obtain a refund once the download and delivery of the app is complete. This will also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds from the relevant section of the Thinknx website.
5. Subscription Services. Certain Thinknx Apps on the Apple App Store and Google Play Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple or Google). Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (Apple) or at any time before the end of the trial period (Google). See below in paragraph 6 ("Trial Periods") for further information. You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes or Android account. The cancellation will take effect after the last day in the relevant subscription period. See above in paragraph 4 (" Purchases & Cancellation Rights") for further information.
6. Trial Periods. Certain of our subscription services on the Apple App Store and Google Play Store may from time to time be offered for a fixed period of time on a free-trial basis. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes or Android account. Please note: your free-trial subscription will automatically renew as a paid subscription unless (a) auto-renew is turned off at least 24 hours before the end of the free-trial subscription period (Apple) or (b) you cancel before the end of the trial period (Google).
7. Online Dispute Resolution. If you reside in the European Union, you can find information about online dispute resolution here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN . Please note that we reserve the right not to participate in forms of alternative dispute resolution. For further information, please contact: email@example.com
D. THINKNX APPS FUNCTIONALITY:
Thinknx Apps allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the " App Functions"). The App Functions are provided by Thinknx and third party suppliers who offer content and/or services in conjunction with or through the Thinknx Apps (the " Third Party Partners"). App Functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Thinknx, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Thinknx App.
1. Third-Party Services and Content. The Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing a Thinknx App that includes third party services and third party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third Party Partner's website. Thinknx Apps may provide access or links to Third Party Partner websites or resources. Thinknx has no control over such websites and resources, and you acknowledge and agree that Thinknx is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Thinknx shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. Thinknx will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.
2. Access to Third-Party Services and Content through Thinknx Apps. All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (" Content") made available or accessible through a Thinknx App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using a Thinknx App you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Thinknx be liable in any way for any Content created by or originating with entities other than Thinknx, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of a Thinknx App.
Thinknx Apps, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the Thinknx Apps and any information you download or offer to share by means of an Thinknx App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that Thinknx shall not be liable for any unauthorized access to your mobile device or the app data thereon.
1. Registration. Most Thinknx Apps will not require a registration: however, some Thinknx Apps may permit or require you to create an account to participate or access additional features or functionalities (" Registration"). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities. Any registration required by a Third Party Partner is not governed by this EULA and you should refer to the relevant Third Party Partner's website for their policies.
2. Passwords. You are the sole and exclusive guardian of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any password or ID.
3. Provided Information. If you provide any information in connection with a Registration, you must provide and maintain accurate, complete and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current or not complete, we may suspend or terminate your use of the Thinknx App, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this EULA and in furtherance of your use of the Thinknx App our services, in accordance with the Datenschutzrichtlinie.
H. UNINSTALL/REMOVAL OF A THINKNX APP:
Uninstallation and removal methods vary depending on your device. To uninstall and remove the Thinknx Apps, please use the application manager provided with your device or consult your device manual for reference.
You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Thinknx Apps. We may use this information in accordance with the Datenschutzrichtlinie.
The Thinknx Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Thinknx are Thinknx’s property or the property of Thinknx’s licensors, and are protected by Italian and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Thinknx Apps. All rights not expressly granted hereunder are expressly reserved to Thinknx and its licensors.
The Thinknx and Thinknx names, logos and affiliated properties, are the exclusive property of Thinknx or its affiliates. All other trademarks appearing on any Thinknx App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through an Thinknx App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
1. You are solely responsible for any Content you contribute, submit or display on or through your use of the Thinknx App(s). It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.
2. Thinknx respects and expects its users to respect the rights of copyright holders. On notice, Thinknx will act appropriately to remove content that infringes the copyright rights of others. Thinknx reserves the right to disable the access to Thinknx Apps or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe an Thinknx App, or elements, infringe your copyright rights, Please contact Thinknx at firstname.lastname@example.org
3. Ownership of Content of the projects. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through your use of the Thinknx Apps. However, you grant us permission to use such Content for the purposes of promotion of the Thinknx Apps. If, at our request, you send submissions (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of Thinknx. None of the graphical parts of submissions shall be subject to any obligation of confidence on the part of Thinknx, and Thinknx shall not be liable for any use or disclosure of any Submissions.
4. Repeat Infringer Policy. Thinknx may terminate a user's access to the Thinknx App(s) if, under appropriate circumstances, the user is determined to be a repeat infringer.
5. No Intended Third Party Beneficiaries. Except as otherwise set forth herein, no third party is an intended beneficiary of this EULA.
Your rights under this EULA will terminate immediately and automatically without any notice from Thinknx if you fail to comply with any of the terms and conditions of this EULA. You understand that Thinknx, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Thinknx Apps at any time. Further, Thinknx, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Thinknx Apps or any of its component features. You agree that Thinknx shall not be liable to you or any third-party for any termination or disabling of the Thinknx Apps. Promptly upon expiration or termination of this EULA, you must cease all use of the Thinknx Apps and destroy all copies of Thinknx Apps in your possession or control. Termination will not limit any of Thinknx’s other rights or remedies at law or in equity. Sections I-P, and any Supplemental Terms of this EULA shall survive termination or expiration of this EULA for any reason.
TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL THINKNX APPS ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND " AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, THINKNX, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, THINKNX MAKES NO WARRANTY THAT THE THINKNX APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE THINKNX PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE THINKNX APPS WILL MEET YOUR EXPECTATIONS. THINKNX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR THINKNX APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THINKNX APPS OR SERVERS; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THINKNX APPS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE THINKNX APPS REMAINS SOLELY WITH YOU.
THINKNX EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THINKNX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THINKNX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE THINKNX APPS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE THINKNX APPS. IN NO EVENT SHALL THINKNX 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE THINKNX APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE THINKNX APP, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THINKNX, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE THINKNX APPS, YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY THINKNX OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
P. JURISDICTIONAL ISSUES AND OTHER MISCELLANEOUS TERMS:
Thinknx does not represent or warrant that the Thinknx Apps or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the Thinknx Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The laws of Italy, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) the Thinknx Apps. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts of Italy, with respect to all matters arising out of or relating to this EULA.
No failure or delay by Thinknx in exercising any right, power or privilege
under this EULA will operate as a waiver thereof, nor will any single or
partial exercise of any right, power or privilege preclude any other or
further exercise thereof or the exercise of any other right, power, or
privilege under this EULA. If any provision of this EULA shall be found
unlawful, void, or for any reason unenforceable, then that provision shall
be deemed severable from these terms and shall not affect the validity and
enforceability of any remaining provisions.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE THINKNX APPS MUST COMMENCE WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have any questions about this EULA, please contact us by email as follows:
Pulsar Engineering srl
Via G. Caimi 8 – 20136 Milan Italy
ATTN: Legal Dept.
To the extent permitted by applicable law (and without limiting the above rights, remedies and obligations except the extent expressly in conflict with additional terms below), the following additional terms shall apply to your use of Thinknx Apps, as applicable:
Apple App Store: By accessing the Thinknx App through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:
1. This EULA is between Thinknx and you; Apple is not a party to this EULA.
2. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Thinknx App on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple's App Store Terms of Service.
3. Apple is not responsible for Thinknx App or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Thinknx App.
4. In the event of any failure of the Thinknx App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Thinknx App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Thinknx App.
5. Apple is not responsible for addressing any claims by you or a third party relating to the Thinknx App or your possession or use of the Thinknx App, including without limitation (a) product liability claims; (b) any claim that the Thinknx App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any third party claim that the Thinknx App or your possession and use of the Thinknx App infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
7. Apple and its subsidiaries are third party beneficiaries of this EULA and upon your acceptance of the terms and conditions 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 hereof.
8. Thinknx expressly authorizes use of the Thinknx Apps by multiple users through the Family Sharing or any similar functionality provided by Apple.
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