PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE PYXIS SOFTWARE. BY USING THE PYXIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE PYXIS SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF YOU ACQUIRED THE PYXIS SOFTWARE AS PART OF AN PYXIS HARDWARE PURCHASE AND IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY RETURN THE ENTIRE PYXIS HARDWARE/ SOFTWARE PACKAGE WITHIN THE RETURN PERIOD TO THE AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND. YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.
IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish or distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor.
1. General.
a) The Pyxis software (including Boot ROM code), any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether preinstalled on Pyxis-branded hardware, on disk, in read only memory, on any other media or in any other form (collectively the “Pyxis Software”) are licensed, not sold, to you by Smart Home LLC, for use only under the terms of this License. Smart Home LLC and/or Smart Home LLC’s licensors retain ownership of the Pyxis Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any Pyxis -branded application software product that may be preinstalled on your Pyxis -branded hardware, unless such product is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that product.
b)Smart Home LLC, at its discretion, may make available future upgrades or updates to the Pyxis Software for your Pyxis -branded device. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Pyxis releases for newer or other models of Pyxis -branded devices. The terms of this License will govern any software upgrades or updates provided by Smart Home LLC that replace and/or supplement the original Pyxis Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern.
c) Title and intellectual property rights in and to any content displayed by or accessed through the Pyxis Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this License does not grant you any rights to use such content nor does it, guarantee that such content will continue to be available to you.
2. Permitted License Uses and Restrictions.
a) Preinstalled and Single-Copy Pyxis Software License. Subject to the terms and conditions of this License, unless you obtained the Pyxis Software through an automatic download or under a volume license, maintenance or other written agreement from Smart Home LLC, you are granted a limited, non-exclusive license to install, use and run one (1) copy of the Pyxis Software on a single Pyxis -branded device at any one time. For example, these single-copy license terms apply to you if you obtained the Pyxis Software preinstalled on Pyxis -branded hardware.
b) License. Store. If you obtained a license for the Pyxis from the Store or through an automatic download, then subject to the terms and conditions of this License, you are granted a limited, nontransferable, non-exclusive license:
(I) to download, install, use and run for personal, non-commercial use, one (1) copy of the Pyxis Software directly on each Pyxis -branded devices running Pyxis software that you own or control;
(II) If you are a commercial enterprise or educational institution, to download, install, use and run one (1) copy of the Pyxis Software for use either: (a) by a single individual on each of the Pyxis device that you own or control, or (b) by multiple individuals on a single shared Pyxis device that you own or control.
c) Volume or Maintenance License. If you obtained the Pyxis Software under a volume or maintenance license program with Smart Home LLC, the terms of your volume or maintenance license will determine the number of copies of the Pyxis Software you are permitted to download, install, use and run on Pyxis -branded devices you own or control. Except as agreed to in writing by Smart Home LLC, all other terms and conditions of this License shall apply to your use of the Pyxis Software obtained under a volume or maintenance license.
d) System Requirements. Please note that the Pyxis Software is supported on only Pyxis -branded hardware that meets specified system requirements as indicated by Smart Home LLC. In addition, use of and access to certain features of the Pyxis Software and certain Services (as defined in Section 5) may require you to apply for a unique user name and password combination.
e) Fonts. Subject to the terms and conditions of this License, you may use the fonts included with the Pyxis Software to display and print content while running the Pyxis Software; however, you may only embed fonts in content if that is permitted by the embedding restrictions accompanying the font in question
f) Voices. Subject to the terms and conditions of this License, you may use the system voices included in the Pyxis Software (“System Voices”) (i) while running the Pyxis Software and (ii) to create your own original content and projects for your personal, non-commercial use. No other use of the System Voices is permitted by this License, including but not limited to the use, reproduction, display, performance, recording, publishing or redistribution of any of the System Voices in a profit, non-profit, public sharing or commercial context.
g) Photo Features and Support. The Photos application of the Pyxis Software (“Photos App”) may not support some video and photo formats. Use of some features of the Photos App will depend on the features of your camera. Synchronizing photos with the Photos App and any Smart Home LLC or third party services may result in loss of data. The slideshow graphics, music and themes included with the Photos App are only for personal, non-commercial use in slideshows you create using the Photos App. You may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, audio, video or similar assets (“Digital Materials”) contained within, or provided as a part of, the Photos App, or otherwise use the Digital Materials outside the context of its intended use as part of the Photos App.
h) Remote Desktop Connections. Subject to the terms and conditions of this License, when remotely connecting from another computer or electronic device (each a “Device”) to an Pyxis -branded device that is running the Pyxis Software (for purposes of this Section, such Pyxis -branded device is referred to as the “Pyxis”), whether through the Screen Sharing feature or through any other means:
(I) only one (1) Device may remotely connect at any one time, whether directly or indirectly, to control the graphical desktop session of the Pyxis Software that is running and being displayed on the Pyxis device; and
(II) a reasonable number of Devices may remotely connect at the same time for the sole purpose of simultaneously observing the same graphical desktop session of the Pyxis Software that is running and being displayed on the Pyxis device, as long as they do not control the Pyxis Software in any way; but
(III) only one (1) Pyxis -branded Device may remotely connect at any one time, whether directly or indirectly, to control a separate graphical desktop session of the Pyxis Software that is different from the one running and being displayed on the Pyxis device, and such connection may only be made through the Screen Sharing feature of the Pyxis Software. Except as expressly permitted in this Section 2H, or except as otherwise licensed by Smart Home LLC, you agree not to use the Pyxis Software, or any of its functionality, in connection with service bureau, time-sharing, terminal sharing or other similar types of services, whether such services are being provided within your own organization or to third parties.
i) Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Pyxis Software on any non- Pyxis -branded computer, or to enable others to do so. Except as otherwise permitted by the terms of this License or otherwise licensed by Smart Home LLC:
(I) only one user may use the Pyxis Software at a time, and
(II) you may not make the Pyxis Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Pyxis Software.
j) Backup Copy. You may make one copy of the Pyxis Software (excluding the Boot ROM code and other Pyxis firmware that is embedded or otherwise contained in Pyxis -branded hardware) in machine readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Pyxis Boot ROM code and firmware is provided only for use on Pyxis-branded hardware and you may not copy, modify or redistribute the Pyxis Boot ROM code or firmware, or any portions thereof.
k) Migration of Existing Software. If you use Setup/Migration Assistant to transfer software from one Pyxis -branded device to another Pyxis -branded device, please remember that continued use of the original copy of the software may be prohibited once a copy has been transferred to another computer, unless you already have a licensed copy of such software on both computers. You should check the relevant software license agreements for applicable terms and conditions. Third party software and services may not be compatible with this Pyxis Software and installation of this Pyxis Software may affect the availability and usability of such third party software or services.
l) Open Source. Certain components of the Pyxis Software, and third party open source programs included with the Pyxis Software, have been or may be made available by Smart Home LLC (collectively the “Open-Sourced Components”). You may modify or replace only these Open-Sourced Components; provided that:
(I) the resultant modified Pyxis Software is used, in place of the unmodified Pyxis Software, on Pyxis -branded devices you own or control, as long as each such Pyxis device has a properly licensed copy of the Pyxis Software on it;
(II) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Smart Home LLC is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Pyxis Software. You expressly acknowledge that if failure or damage to Pyxis hardware results from modification of the Open-Sourced Components of the Pyxis Software, such failure or damage is excluded from the terms of the Pyxis hardware warranty.
m) No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Pyxis Software or any services provided by the Pyxis Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of Open-Sourced Components that may be included with the Pyxis Software).
n) Compliance with Laws. You agree to use the Pyxis Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Pyxis Software and Services. Features of the Pyxis Software and the Services may not be available in all languages or regions and some features may vary by region. An Internet connection is required for some features of the Pyxis Software and Services.
o) Third Party Software. Smart Home LLC has provided as part of the Pyxis Software package, and may provide as an upgrade, update or supplement to the Pyxis Software, access to certain third party software or services as a convenience. To the extent that the Pyxis Software contains or provides access to any third party software or services, Smart Home LLC has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products.
p) Automatic Updates. The Pyxis Software will periodically check for updates to the Pyxis Software. If an update is available, the update may automatically download and install onto your computer and, if applicable, your peripheral devices. By using the Pyxis Software, you agree that Smart Home LLC may download and install automatic updates onto your computer and your peripheral devices. You can turn off automatic updates altogether at any time by changing the automatic updates settings found within System Preferences.
3. Transfer.
a) If you obtained the Pyxis Software will periodically check for updates to the Pyxis Software Software preinstalled on Pyxis Software will periodically check for updates to the Pyxis Software -branded hardware, you may make a onetime permanent transfer of all of your license rights to the Pyxis Software (in its original form as provided by Smart Home LLC) to another party, provided that:
(I) the Pyxis Software is transferred together with your Pyxis-branded hardware;
(II) the transfer must include all of the Pyxis Software, including all its component parts, printed materials and this License;
(III) you do not retain any copies of the Pyxis Software, full or partial, including copies stored on a computer or other storage device; and (iv) the party receiving the Pyxis Software accepts the terms and conditions of this License. For purposes of this License, if Smart Home LLC provides an update (e.g., version 2.01 to 2.01.1) to the Pyxis Software, the update is considered part of the Pyxis Software and may not be transferred separately from the pre-update version of the Pyxis Software.
b) If you obtained your license to the Pyxis Software from the License Store or through an automatic download, it is not transferable. If you sell your Pyxis – branded hardware to a third party, you must remove the Pyxis Software from the Pyxis – branded hardware before doing so, and you may restore your system to the version of the Pyxis operating system software that originally came with your Pyxis hardware (the “Original Pyxis software”) and permanently transfer the Original Pyxis software together with your Pyxis hardware, provided that:
(I) the transfer must include all of the Original Pyxis software, including all its component parts, printed materials and its license;
(II) you do not retain any copies of the Original Pyxis software, full or partial, including copies stored on a computer or other storage device;
(III) the party receiving the Original Pyxis software reads and agrees to accept the terms and conditions of the Original Pyxis software license.
c) You may not transfer any Pyxis Software that has been modified or replaced under Section 2L above. All components of the Pyxis Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Note that the Pyxis Software provided with a particular Pyxis -branded hardware product might not run on other models of Pyxis – branded hardware.
d) Any copy of the Pyxis Software that may be provided by Pyxis for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred.
4. Consent to Use of Data.
When you use the various communication features of the Pyxis Software with your device, the information you provide, your email address (es), certain unique identifiers for your device and your telephone number are sent to Smart Home LLC in order to allow others to reach you. Certain features like Diagnostics & Usage, Location Services may require information from your device to provide their respective functions. When you turn on or use these features, details will be provided regarding what information is sent to Smart Home LLC and how the information may be used.
5. Services and Third Party Materials.
a) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Smart Home LLC shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
b) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Smart Home LLC is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Smart Home LLC, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
c) Neither Smart Home LLC nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services. Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services, is provided for basic navigational and/or planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage.
d) To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by Smart Home LLC, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Smart Home LLC. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Smart Home LLC is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
e) In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the Pyxis Software are not available in all languages or in all countries. Smart Home LLC makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Smart Home LLC and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Smart Home LLC be liable for the removal of or disabling of access to any such Services. Smart Home LLC may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
6. Termination.
This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Smart Home LLC if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Pyxis Software and destroy all copies, full or partial, of the Pyxis Software. Sections 4, 5, 6, 7, 8, 9, 10, 12 and 13 of this License shall survive any such termination.
7. Disclaimer of Warranties.
a) If you are a customer who is a consumer (someone who uses the Pyxis Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
b) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE PYXIS SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE PYXIS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PYXIS SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Smart Home LLC AND Smart Home LLC ‘S LICENSORS (COLLECTIVELY REFERRED TO AS “Smart Home LLC” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PYXIS SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
d) Smart Home LLC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PYXIS SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PYXIS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PYXIS SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE PYXIS SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE PYXIS SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS PYXIS SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS Smart Home LLC PRODUCTS AND SERVICES.
e) YOU FURTHER ACKNOWLEDGE THAT THE PYXIS SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE PYXIS SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
f) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Smart Home LLC OR AN Smart Home LLC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PYXIS SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL Smart Home LLC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE Pyxis SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE PYXIS SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Smart Home LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Smart Home LLC ‘s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($15.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Digital Certificates.
The Pyxis Software contains functionality that allows it to accept digital certificates either issued from Smart Home LLC or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY Smart Home LLC OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Smart Home LLC MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES. You agree that (a) you will not falsify or misuse any certificate; (b) you will use digital certificates for legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorized user from making use of your digital certificates; (d) you are solely responsible for preventing any unauthorized user from making use of the private key associated with your digital certificate; and (e) you will revoke any of your certificates that you have reason to believe have been compromised.
10. Export Control.
You may not use or otherwise export or reexport the Pyxis Software except as authorized by Russian Federation law and the laws of the jurisdiction(s) in which the Pyxis Software was obtained. In particular, but without limitation, the Pyxis Software may not be exported or re-exported (a) into any Rusian Federation embargoed countries. By using the Pyxis Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Pyxis Software for any purposes prohibited by Russian Federation law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
11. Government End Users.
The Pyxis Software and related documentation are “Commercial Items” as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to Russian Federation Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the Russian Federation.
12. Controlling Law and Severability.
This License will be governed by and construed in accordance with the laws of the Russian Federation, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
13. Complete Agreement; Governing Language.
This License constitutes the entire agreement between you and Smart Home LLC relating to the use of the Pyxis Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Smart Home LLC. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
14. Third Party Acknowledgements.
a) Portions of the Pyxis Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Pyxis Software, and your use of such material is governed by their respective terms. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (https://www.google.com/intl/en/policies/terms/) and to Google’s Privacy Policy (https://www.google.com/intl/ en/policies/privacy/).
b) Certain software libraries and other third party software included with the Pyxis Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/ Lesser General Public License (LGPL), as the case may be. You may obtain a complete machinereadable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Smart Home LLC at info@pyxis.cloud. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Pyxis Software.
c) H.264/AVC Notice. To the extent that the Pyxis Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP:// WWW.MPEGLA.COM.
d) AMR Notice. The Adaptive Multi-Rate (“AMR”) encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: base stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network.
e) FAA Notice. Aircraft Situation Display and National Airspace System Status Information data (collectively “Flight Data”) displayed through the Pyxis Software is generated by the Federal Aviation Administration. You agree not to redistribute Flight Data without the prior written consent of the FAA. The FAA and Smart Home LLC disclaim all warranties, expressed or implied (including the implied warranties of merchantability and fitness for a particular purpose), regarding the use and accuracy of the Flight Data. You agree that the FAA and Smart Home LLC shall not be liable, either collectively or individually, for any loss, damage, claim, liability, expense, or penalty, or for any indirect, special, secondary, incidental, or consequential damages deriving from the use of the Flight Data. The Pyxis Software is not sponsored or endorsed by the FAA. The FAA is not responsible for technical or system problems, and you should not contact the FAA regarding such problems or regarding operational traffic flow issues.