IConservo End User License Agreement
This End User License Agreement (“license”) governs your use and access to all software, such as but not limited to the Blossom Controller Firmware, Blossom iOS and Android Clients, Blossom Cloud Service, and Blossom Web Interface (collectively “Software”), provided by IConservo in connection with and for your use of its Products and Services, as defined in IConservo’s Terms of Service on its website, www.myblossom.com.
The Software is licensed, not sold, to you for use only under the terms of this license, unless a Product or Service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement. IConservo reserves all rights not expressly granted to you.
(a) These Terms govern your use of the Services. The purchase of any Product is governed by the limited warranty provided with the Product (“Limited Warranty”) and by the terms & conditions of sale of its sale. The software embedded in the Product (and any updates thereto) (“Product Software”) is licensed and governed by the End User Licensing Agreement. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site. All additional guidelines, terms, or rules pertaining to any feature of the Services, and IConservo’s Privacy Statement (“Privacy Statement”), are incorporated by reference into these Terms and you are agreeing to accept and abide by them by using the Services.
You may not use the Software on additional computers or phones, and do not have the right to distribute the Software. You may not rent, lease, lend, timeshare, sell or sublicense the Software. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Product or Service). Any attempt to do so is a violation of the rights of IConservo and its licensors. If you breach these restrictions, you may be liable for damages to IConservo and/or its licensors.
All intellectual property rights in the Software and user documentation are owned by IConservo or its licensors and are protected by law, including but not limited to copyright, trade secret, and trademark law, as well as other applicable laws. The structure, organization and code of the Software are the valuable trade secrets and confidential information of IConservo and its licensors. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software.
This license applies to updates or supplements to the original Software provided by IConservo, unless IConservo provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.
- (b) Consent to Use of Data: You agree IConservo 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, support and other services to you (if any) related to the Products or Services. IConservo may use this information, as long as it is in a form that does not personally identify you, to improve its Products or Services or to provide services or technologies to you.
- (c) Termination. This license is effective until terminated by you or IConservo. Your rights under this license will terminate automatically without notice from IConservo if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Software, and destroy all copies, full or partial, of the Software.
- (d) No Warranty: You expressly acknowledge and agree that use of the software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. to the maximum extent permitted by applicable law, the software is provided “as is” and “as available”, with all faults and without warranty of any kind, and IConservo hereby disclaims all warranties and conditions with respect to software, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. IConservo does not warrant against interference with your enjoyment of the software, that the functions contained in, or services performed or provided by the software will meet your requirements, that the operation of the software will be uninterrupted or error-free, or that defects in the software will be corrected. no oral or written information or advice given by IConservo or its authorized representative shall create a warranty. should the software prove defective, you assume the entire cost of all necessary servicing, repair or correction.
- (e) Limitation of Liability. To the extent not prohibited by law, in no event shall IConservo be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if IConservo has been advised of the possibility of such damages. In no event shall IConservo’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 ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- (f) The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Software. Excepting request for injunctive or other equitable relief, any claims, disputes or controversies relating to or arising from or out of this license, which cannot be resolved by the parties without resort to legal action shall be resolved exclusively through final, binding arbitration by a single arbitrator under the auspices of the American Arbitration Association, which arbitration shall be held exclusively in Orange County, California. You agree to submit to the exclusive personal jurisdiction of the state and federal courts in or for Orange County, California for the purpose of litigating claims for injunctive or other equitable relief arising out of or related to the license and enforcing the arbitration award, which courts shall also be the exclusive venue for these matters.
- (g) You agree to indemnify and hold IConservo and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this license, or your violation of any laws, regulations or third party rights or your negligent act, omission or willful misconduct.
- (h) This license is the entire agreement between you and IConservo relating to the Software, and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this license. If any provision of this license is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provision of the license will remain in force and effect.