Happiest Baby Snoo User Manual page 8

Automatic Software Updates . HBI may from time to time develop patches, bug fixes, updates,
3.
upgrades and other modifications to improve the performance of the Product Software and
related services ("Updates"). These may be automatically installed without providing any additional
notice or receiving any additional consent. You consent to this automatic update. If you do not
want such Updates, your remedy is to stop using the Product. If you do not cease using the
Product, you will receive Updates automatically. You acknowledge that you may be required to
install Updates to use the Product and the Product Software and you agree to promptly install
any Updates HBI provides. Your continued use of the Product is your agreement to this EULA.
4. Ownership . The Product Software and all worldwide copyrights, trade secrets, and other intellectual
property rights therein are the exclusive property of HBI and its licensors. HBI and its licensors
reserve all rights in and to the Product Software not expressly granted to you in this EULA. The
Product Software (and all copies thereof) is licensed to you, not sold, under this EULA. There
are no implied licenses in this EULA. All suggestions or feedback provided by you to HBI with
respect to the Product Software shall be HBI' property. HBI may use, copy, modify, publish,
or redistribute the submission and its contents for any purpose and in any way without any
compensation to you. You also agree that HBI does not waive any rights to use similar or related
ideas previously known to HBI, developed by its employees, or obtained from other sources.
Open Source . Certain items of software included with the Product Software are subject to "open
5.
source" or "free software" licenses ("Open Source Software"). Some of the Open Source
Software is owned by third parties. The Open Source Software is not subject to the terms
and conditions of this EULA. Instead, each item of Open Source Software is licensed under the
terms of the end user license that accompanies such Open Source Software. Nothing in this
EULA limits your rights under, or grants you rights that supersede, the terms and conditions of
any applicable end user license for the Open Source Software. If required by any license for
particular Open Source Software, HBI makes such Open Source Software, and HBI' modifica-
tions to that Open Source Software, available by written request to HBI at the email or mailing
address listed below.
Term and Termination . This EULA and the license granted hereunder are effective on the date
6.
you first use the Product Software or Product and shall continue for as long as you own the
Product, unless this EULA is terminated under this section. HBI may terminate this EULA at any
time if you fail to comply with any term(s) hereof. You may terminate this EULA effective immedi-
ately upon written notice to HBI. Upon termination of this EULA, the license granted hereunder
will terminate and you must stop all use of the Product Software, but the terms of Sections 2
through 18 (inclusive) will remain in effect, after any such termination.
7. Warranty Disclaimer . NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAX-
IMUM EXTENT PERMITTED BY APPLICABLE LAW, HBI PROVIDES THE PRODUCT SOFTWARE
"AS-IS" AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED,
OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PAR-
TICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF
THIRD-PARTY RIGHTS. HBI DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE
OF THE PRODUCT SOFTWARE. HBI MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE
WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE,
OR ERROR-FREE. YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE PROD-
UCT SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE
SOLELY RESPONSIBLE FOR (AND HBI DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES,
INCLUDING TO YOUR HVAC SYSTEM, PLUMBING, HOME, PRODUCT, OTHER PERIPHERALS CON-
NECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS
IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT
SOFTWARE, OR PRODUCT.
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END USER LICENSE CONT.