Happiest Baby Snoo User Manual page 11

By using the software ("Product Software") that is embedded on the Happiest Baby, Inc. product
("Product"), you agree to the terms of this End User License Agreement ("EULA") between you and
Happiest Baby, Inc. ("HBI", "we", "us", "our"). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA,
YOU MAY NOT USE THE PRODUCT SOFTWARE AND YOU MAY CHOOSE TO PROMPTLY RETURN
THE PRODUCT FOR A REFUND OF THE PRODUCT PURCHASE PRICE BY CONTACTING HBI AT THE
ADDRESS BELOW. Your use of (a) the website located at www.happiestbaby.com and our sub-do-
mains (each, a "Site"), (b) services through the Site (and any updates thereto) ("Site Services"), and
(c) certain software that may be downloaded to your mobile device (and any updates thereto)
("App") is governed by the Terms of Service Your purchase of the Product (excluding the Product
Software) is governed by the HBI limited warranty, the terms of which are provided with the Product.
This EULA does not govern your use of the Site, Services, or App, or your purchase of the Product
(excluding the Product Software).
This EULA governs your access and use of the Product Software. This EULA gives you specific
legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to
jurisdiction. The disclaimers, exclusions, and limitations of liability under this EULA will not apply to
the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied
warranties or the exclusion or limitation of incidental or consequential damages or other rights, so
those provisions of this EULA may not apply to you.
THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE PRODUCT SOFTWARE, YOU ARE
ACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU
REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU
HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF
OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT
LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE PRODUCT SOFT-
WARE AND TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF
THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PRODUCT SOFTWARE.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE
PRODUCT SOFTWARE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE PRODUCT SOFTWARE.
AS DESCRIBED BELOW, SECTION 9 DESCRIBES IMPORTANT LIMITATIONS OF THE PRODUCT
SOFTWARE AND RELATED SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND
CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING
THEM AND ACCEPTING THEM.
License . Subject to the terms of this EULA, HBI grants to you a limited and nonexclusive license
1.
(without the right to sublicense) to execute one (1) copy of the Product Software, in executable
object code form only, solely on the Product that you own or control and solely for use in con-
junction with the Product for your personal, non-commercial purposes.
Restrictions . You agree not to, and you will not permit others to, (a) license, sell, rent, lease, as-
2.
sign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product
Software or make the Product Software available to any third party, (b) copy or use the Product
Software for any purpose other than as permitted in Section 1, (c) use any portion of the Product
Software on any device or computer other than the Product that you own or control, (d) remove
or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels
in the Product Software, or (e) modify, make derivative works of, disassemble, reverse compile
or reverse engineer any part of the Product Software (except to the extent applicable laws
specifically prohibit such restriction for interoperability purposes, in which case you agree to first
contact HBI and provide HBI an opportunity to create such changes as are needed for interop-
erability purposes). You may not release the results of any performance or functional evaluation
of any of the Product Software to any third party without prior written approval of HBI for each
such release.
END USER LICENSE
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