path: root/licenses/ubiquiti

End User License Agreement

  OUR EULA WAS UPDATED ON JULY 17, 2017

   This End User License Agreement (this “EULA”) governs Your access and use
   of the software (“Software”) that is embedded on any Ubiquiti Networks,
   Inc. product (“Product”).

   The term “You,” “Your,” “you” or “your” as used in this EULA, means any
   person or entity who accesses or uses the Software and accepts the terms
   of this EULA, including any individuals that You authorize to use or
   access the Software, including Your independent contractors or employees
   (“Authorized Users”). For the avoidance of doubt, where the term “You,”
   “Your,” “you” or “your” is used in this EULA, it shall include any
   Authorized User, regardless of whether “Authorized User” is specifically
   stated.

        FOR IMPORTANT DISCLAIMERS OF WARRANTY AND WARNINGS CONCERNING USAGE, SEE
        SECTION V.

   YOU MUST READ AND AGREE TO THE TERMS OF THIS EULA BEFORE USING,
   DOWNLOADING OR INSTALLING ANY SOFTWARE. BY USING, DOWNLOADING OR
   INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND
   CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS
   OF THIS EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL THE SOFTWARE.

   THE SOFTWARE MAY BE SUBJECT TO AUTOMATIC SOFTWARE UPDATES, AS DESCRIBED
   FURTHER IN SECTION III, AND YOU ALSO HEREBY CONSENT TO SUCH UPDATES. If
   You do not agree to such updates, You are not permitted to, and You must
   not, download, install, access or use the Software.

   Ubiquiti may, in its sole and absolute discretion, change the terms of
   this EULA from time to time, as indicated by the date at the end of this
   EULA. If You object to any such change, Your sole recourse will be to
   cease using the Software. Continued use of the Software following any such
   change will indicate Your acknowledgement of such change and agreement to
   be bound by the new terms and conditions.

    1. Overview, Eligibility

          * This EULA is a binding agreement between You and Ubiquiti
            Networks, Inc. (“Ubiquiti”).
          * Your use of (1) websites located at [1]www.ubnt.com and ubnt.com
            sub-domains and any other websites hosted by Ubiquiti or its
            affiliates, (2) services accessible or downloadable through the
            Sites, (3) software that may be downloaded to Your smartphone or
            tablet to access services and (4) subscription services,
            including services that can be accessed using the Web Apps and
            Mobile Apps is governed by the [2]Terms of Service. Your
            purchase of the Product (excluding the Software) is governed by
            the [3]Limited Warranty. All additional guidelines, terms, or
            rules on the Sites, including the [4]Privacy Policy, are
            incorporated by reference into this EULA and You are agreeing to
            accept and abide by them by using the Software.
          * Subject to Section (I)(d), You may access and use the Software
            only if You can form a binding contract with Ubiquiti and only if
            You are in compliance with the terms of this EULA and all
            applicable laws and regulations. If You are accepting the terms
            of this EULA on behalf of an entity or individual, You represent
            and warrant that You have full legal authority to bind such
            entity or individual to this EULA. You are fully responsible for
            any Authorized User’s compliance with this EULA.
          * If You are an Authorized User, You represent and warrant that You
            are over the age of 13 (or equivalent minimum age in the
            jurisdiction where You reside or access or use the Software), and
            in the event You are between the age of 13 (or equivalent minimum
            age in the jurisdiction where you reside or access or use the
            Software) and the age of majority in the jurisdiction where You
            reside or access or use the Software, that You will only use the
            Software under the supervision of a parent or legal guardian who
            agrees to be bound by this EULA. Any use or access to the
            Software by individuals under the age of 13 (or equivalent
            minimum age in the jurisdiction where you reside or access or use
            the Services) is strictly prohibited and a violation of this
            EULA.

    2. License.

          * License Grant. Subject to Your compliance at all times with the
            terms and restrictions set forth in this EULA, Ubiquiti grants
            You, under its rights in and to the Software, a worldwide,
            non-sublicensable, non-transferable, non-exclusive, revocable,
            limited license to download and use the Software in object code
            form only, solely in connection with the Product that You own or
            control.
          * Limitations on Use.

               * The Software, its contents, features and functionality
                 (including, without limitation, all user interfaces,
                 information, software, code, text, graphics, images, video
                 and audio, and the design, selection and arrangement
                 thereof) (collectively, the “Content”) are protected by
                 United States and international copyright, trademark,
                 patent, trade secret and other intellectual property or
                 proprietary rights laws.
               * You shall not directly or indirectly do any of the
                 following:

                    * use the Software on any device other than a Product
                      that is owned or controlled by You or Your business
                      organization;
                    * sell, offer for sale, lease, license, sublicense or
                      distribute the Software or any Content in any form
                      without the prior written consent of Ubiquiti;
                    * copy, reproduce, broadcast, transmit, republish,
                      distribute, modify, prepare derivative works of,
                      perform, publicly perform or display the Software or
                      any Content in any way without the prior written
                      consent of Ubiquiti and its applicable licensors;
                    * remove or alter any copyright, trademark or other
                      proprietary rights notices from the Software or
                      Content, or use them in contravention of any such
                      applicable notices;
                    * reverse engineer, decompile, translate, disassemble or
                      otherwise attempt to (i) derive the source code or the
                      underlying ideas, algorithms, structure or organization
                      of any Software (except that the foregoing limitation
                      does not apply to the extent that such activities may
                      not be prohibited under applicable law); or (ii)
                      defeat, avoid, bypass, remove, deactivate, or otherwise
                      circumvent any software protection mechanisms in the
                      Software, including, without limitation, any such
                      mechanism used to restrict or control the functionality
                      of the Software;
                    * use the Software in violation of any third-party rights
                      or any local, state, national or international law or
                      regulation, including, without limitation, any local
                      country regulations related to operation within legal
                      frequency channels, output power and Dynamic Frequency
                      Selection (DFS) requirements;
                    * violate any accompanying user or technical manuals,
                      training materials, specifications or other
                      documentation pertaining to any Software, where in
                      digital or printed format;
                    * engage in any High Risk Activities (as defined in
                      Section (V)(b)(ii));
                    * release the results of any performance or functional
                      evaluation of any of the Software to any third party
                      without prior written approval of Ubiquiti for each
                      such release; or
                    * create a substantially similar software to the
                      Software, or any component thereof.

               * You are responsible for obtaining, properly installing and
                 maintaining the Software and any other services or products
                 needed for access to and use of the Software, and for paying
                 all charges related thereto.

          * Third Party Software.

               * Certain software included in, distributed with or downloaded
                 in connection with the Software may comprise third party
                 proprietary software products that are subject to separate
                 license terms (“Third Party Software”). All such Third Party
                 Software may include software or software components that
                 are derived, in whole or in part, from software that is
                 distributed as free software, open source software or under
                 similar licensing or distribution models (“Open Source
                 Software,” together with Third Party Software, “External
                 Software”).
               * Your use of External Software is subject in all cases to the
                 applicable licenses from the External Software provider,
                 which shall take precedence over the rights and restrictions
                 granted in this EULA solely with respect to such External
                 Software. You shall comply with the terms of all applicable
                 Third Party Software and Open Source Software licenses, if
                 any. Copyrights to Open Source Software are held by their
                 respective copyright holders indicated in the copyright
                 notices in the corresponding source files. The Software may
                 include software developed by the OpenSSL Project for use in
                 the OpenSSL Toolkit ([5]http://www.openssl.org/).
               * FOR THE AVOIDANCE OF DOUBT, UBIQUITI PROVIDES NO
                 REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR
                 STATUTORY, WITH RESPECT TO SUCH EXTERNAL SOFTWARE, INCLUDING
                 WITH RESPECT TO FUNCTIONALITY OF SUCH EXTERNAL SOFTWARE.
                 Ubiquiti does not provide any warranty, maintenance,
                 technical or other support for any External Software.
                 Accordingly, Ubiquiti is not responsible for Your use of any
                 External Software or any personal injury, death, property
                 damage (including, without limitation, to Your home), or
                 other harm or losses arising from or relating to Your use of
                 any External Software.

          * Intellectual Property Ownership; Trade Secrets. All copyrights,
            trade secrets, patents, trademarks, trade secrets and other
            intellectual property and proprietary rights in any jurisdiction
            worldwide (collectively, “Intellectual Property Rights”) in and
            to the Software and the Content are the sole property of Ubiquiti
            or its licensors. You do not have or receive any title or
            interest in or to the Software, the Content, or the Intellectual
            Property Rights contained therein through Your use of the
            Software or otherwise. Except as expressly granted to You under
            the limited license set forth in Section II(a) of this EULA,
            Ubiquiti does not grant any express or implied right to You under
            any of its Intellectual Property Rights. You further acknowledge
            and agree that the Software contains the valuable trade secrets
            and proprietary information of Ubiquiti and its affiliates. You
            agree to hold such trade secrets and proprietary information in
            confidence and You acknowledge that any actual or threatened
            breach of this obligation will constitute immediate, irreparable
            harm for which monetary damages would be an inadequate remedy,
            and that injunctive relief is an appropriate remedy for such
            breach.
          * Trademarks. All trademarks, service marks, trade names and logos
            and the goodwill associated therewith (“Marks”) included or
            displayed in the Software or Content are the exclusive property
            of Ubiquiti or their respective holders. You are not permitted to
            use any of the Marks without the applicable prior written consent
            of Ubiquiti or such respective holders.

    3. Automatic Updates.

          * Ubiquiti may, from time to time and at its sole option, provide
            patches, bug fixes, corrections, updates, upgrades, support and
            maintenance releases or other modifications to the Software,
            including certain External Software, which items shall be deemed
            part of the Software and External Software hereunder. YOU HEREBY
            CONSENT TO ANY SUCH AUTOMATIC UPDATES. These may be automatically
            installed without providing any additional notice to You or
            receiving Your additional consent. If You do not consent, Your
            remedy is to stop using the Software. Notwithstanding the
            foregoing, Ubiquiti withholds the right to require You to install
            any patches, bug fixes, corrections, updates, upgrades, support
            and maintenance releases or other modifications in order to
            access and use the Software.

    4. Term and Termination. This EULA will remain in full force and effect
       so long as You continue to access or use the Software, or until
       terminated in accordance with this EULA. You may discontinue Your use
       of and access to the Software at any time. Ubiquiti will automatically
       terminate this EULA at any time without notice to you if you fail to
       comply with any term of this EULA. You may terminate it at any time
       upon written notice to Ubiquiti at legal@ubnt.com. Upon any such
       termination, the licenses granted by this EULA will immediately
       terminate and you agree to stop all access and use of the Product,
       Software and documentation and destroy the Software and documentation,
       together with all copies and merged portions in any form. The
       provisions that by their nature continue and survive will survive any
       termination of this EULA, including those set forth in this Sections
       II(d), II(e) and Articles IV -IX.
    5. WARRANTY DISCLAIMER

          * Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY
            APPLICABLE LAW, THE SOFTWARE IS LICENSED “AS-IS” AND “AS
            AVAILABLE”, WITH ALL FAULTS. UBIQUITI DOES NOT MAKE ANY
            WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS,
            IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE,
            INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
            ACCURACY, QUALITY OF SERVICE OR RESULTS, AVAILABILITY,
            SATISFACTORY QUALITY, LACK OF VIRUSES, TITLE, FITNESS FOR A
            PARTICULAR USE OR NON-INFRINGEMENT, TO THE EXTENT AUTHORIZED BY
            LAW. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS
            FEATURES OR FUNCTIONALITY AND ANY COMMUNICATION WITH YOU IS FOR
            INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE A WARRANTY OR
            REPRESENTATION. WITHOUT LIMITING THE FOREGOING, UBIQUITI
            EXPRESSLY DOES NOT WARRANT THAT THE CONTENT, OPERATION, OUTPUT OR
            IMPLEMENTATION OF THE SOFTWARE WILL: (I) MEET YOUR REQUIREMENTS;
            (II) BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE OR
            COMPLETE; (III) BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR
            MOBILE DEVICE; (IV) OR THAT UBIQUITI OR ANY THIRD PARTY WILL
            RESOLVE ANY PARTICULAR SUPPORT REQUEST OR FIX ANY ERRORS OR THAT
            SUCH RESOLUTION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU
            SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE
            OF THE SOFTWARE.
          * Emergency Response; High Risk Activities.

               * YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE, WHETHER
                 STANDING ALONE OR WHEN INTERFACED WITH PRODUCTS OR
                 THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT CERTIFIED FOR
                 EMERGENCY RESPONSE, AND ARE NOT A THIRD-PARTY MONITORED
                 EMERGENCY NOTIFICATION SYSTEM. MOBILE OR OTHER NOTIFICATIONS
                 REGARDING THE STATUS OF THE SOFTWARE ARE NOT A SUBSTITUTE
                 FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM.
                 YOU AGREE THAT YOU WILL NOT RELY ON THE SOFTWARE FOR
                 EMERGENCY RESPONSE OR ANY OTHER LIFE SAFETY OR CRITICAL
                 PURPOSES.
               * NEITHER THE SOFTWARE NOR ANY PRODUCT IS DESIGNED,
                 MANUFACTURED OR INTENDED FOR THE OPERATION OF NUCLEAR
                 FACILITIES, AIR TRAFFIC CONTROL, EMERGENCY RESPONSE,
                 EMERGENCY AND SAFETY SERVICES, HEALTHCARE FACILITIES,
                 HOSPITALS, LIFE SUPPORT SYSTEMS OR ANY MISSION CRITICAL
                 ENVIRONMENT, WHERE THE USE OR FAILURE OF THE SOFTWARE COULD
                 LEAD TO DEATH, PERSONAL INJURY OR ENVIRONMENTAL DAMAGE
                 (COLLECTIVELY, “HIGH RISK ACTIVITIES”). YOU AGREE THAT YOU
                 WILL NOT USE THE SOFTWARE FOR ANY HIGH RISK ACTIVITIES.

          * Data Storage. Ubiquiti is not responsible or liable for the
            deletion of or failure to store or process any information or
            other content provided by You or transmitted in the course of
            using the Software. You are solely responsible for securing and
            backing up such submissions.
          * Versions. You acknowledge and agree that the Software provided to
            You under this EULA may be in “beta” or test form, or otherwise
            not intended or completed for commercial use and may therefore
            contain errors, bugs or similar unstable characteristics not
            typical of commercially released items. Such characteristics may
            negatively affect the operation of previously installed software
            or equipment. You are advised to safeguard important data, to use
            caution and not to rely in any way on the correct functioning or
            performance of the software and accompanying materials. You
            acknowledge that the Software may be provided to You from time to
            time as a program participant solely for the purpose of providing
            Ubiquiti with feedback on the Software and the identification of
            defects.

    6. LIMITATION OF LIABILITY

          * UNDER NO CIRCUMSTANCES WILL UBIQUITI OR ITS SUPPLIERS OR THEIR
            RESPECTIVE AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS,
            SHAREHOLDERS, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF
            LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR
            ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT,
            INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
            DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
            MONEY, REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
            LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD
            HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
            THIS EULA OR THE INSTALLATION, MAINTENANCE, PERFORMANCE, FAILURE
            OR INTERRUPTION OR USE OF SOFTWARE, HOWEVER CAUSED AND ON ANY
            THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE),
            EVEN IF UBIQUITI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
            DAMAGES. IF, NOTWITHSTANDING THESE TERMS, UBIQUITI OR ANY OF ITS
            SUPPLIERS ARE FOUND TO BE LIABLE, THE LIABILITY OF UBIQUITI OR
            ITS SUPPLIERS OR THEIR RESPECTIVE AFFILIATES, OFFICERS,
            EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS OR LICENSORS TO YOU OR
            TO ANY THIRD PARTY IS LIMITED TO ONE HUNDRED DOLLARS ($100). THIS
            LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE
            EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
          * Exclusions and Limitations. Some jurisdictions do not allow the
            exclusion of certain warranties or the limitation or exclusion of
            liability for certain damages. Accordingly, some of the above
            limitations and disclaimers may not apply to You. To the extent
            that Ubiquiti may not, as a matter of applicable law, disclaim
            any implied warranty or limit its liabilities, the scope and
            duration of such warranty and the extent of Ubiquiti’s liability
            will be the minimum permitted under such applicable law.

    7. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS
       UBIQUITI AND ITS LICENSORS AND SUPPLIERS, AND THEIR RESPECTIVE
       AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS OR
       LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES,
       LOSSES, COSTS, EXPENSES AND FEES (INCLUDING REASONABLE ATTORNEYS’
       FEES) THAT SUCH PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM A
       VIOLATION OF THIS EULA.
    8. Export Restrictions.

          * You acknowledge that the Software is of U.S. origin. You
            represent and warrant that (i) You shall be solely responsible
            for complying with all export laws and restrictions and
            regulations, including United States export regulations, such as
            restrictions of the Department of Commerce, the United States
            Department of Treasury Office of Foreign Assets Control ("OFAC")
            or other foreign agency or authority’s regulations ("Export
            Laws"), and You shall not (ii) export, or allow the export or
            re-export of, the Software in violation of any such restrictions,
            laws or regulations, or available in any country in contravention
            of any Export Laws, or any other law, nor (iii) make the Software
            available in a country for which an export license or other
            governmental approval is required without first obtaining all
            necessary licenses or other approvals. You shall obtain and bear
            all expenses relating to any necessary licenses and exemptions
            with respect to the export from the U.S. of the Software to any
            location.
          * You acknowledge that the U.S. government maintains embargoes and
            sanctions against certain countries, currently including the
            Crimea region of Ukraine, Cuba, Iran, North Korea, Sudan and
            Syria, which may be amended from time to time, including with
            respect to listed countries; and that other countries may have
            trade laws pertaining to import, use, export or distribution of
            the Software. You acknowledge that, in each case, compliance with
            the same is Your responsibility. You represent and warrant that
            You are not a person or entity listed on any United States
            Government list of prohibited or restricted parties.

    9. Miscellaneous.

          * Governing Law; Jurisdiction. This EULA shall not be governed by
            the 1980 U.N. Convention on Contracts for the International Sale
            of Goods; rather, this EULA shall be governed by the laws of the
            State of New York, including its Uniform Commercial Code, without
            reference to conflicts of laws principles. Any action or
            proceeding relating to this EULA must be brought in a federal or
            state court located in New York and each party irrevocably
            submits to the jurisdiction and venue of any such court in any
            such claim or dispute, except that Ubiquiti may seek injunctive
            relief in any court having jurisdiction to protect its
            confidential information or intellectual property.
          * Government Purposes. The Software was developed solely at private
            expense and is a “commercial item” consisting of “commercial
            computer software” and “commercial computer software
            documentation” within the meaning of the applicable civilian and
            military Federal acquisition regulations and any supplements
            thereto, as amended from time to time. If the user of the
            Software is an agency, department, employee or other entity of
            the United States Government, consistent with 48 C.F.R.
            227.7202-1 through 227.702-4 (JUNE 1995), the use, duplication,
            reproduction, release, modification, disclosure and transfer of
            the Software, including technical data or manuals, is governed by
            the terms and conditions contained in this EULA.
          * Severability. If any of the provisions, either in part or in
            full, of this EULA is held by a court or other tribunal of
            competent jurisdiction to be unenforceable or invalid, such
            provision shall be enforced to the maximum extent possible or
            permissible and this EULA will be interpreted so as to give
            maximum effect to the original intent of the parties with respect
            to the unenforceable provision, and the remaining portions of
            this EULA shall remain in full force and effect.
          * Assignment. You may not assign any of Your rights or obligations
            under this EULA without Ubiquiti’s express written consent.
            Ubiquiti may assign this EULA without Your consent provided that
            such assignment is to an affiliated company forming part of the
            Ubiquiti group of companies.
          * Waiver. The waiver by either party of any default by the other
            party shall not waive subsequent defaults by such other party of
            the same or different kind. The failure of either party to
            enforce the provisions hereof, at any time or for any period of
            time, or the failure of either party to exercise any option
            herein, shall not be construed as a waiver of such provision or
            option and shall in no way affect that party’s right to enforce
            such provisions or exercise such option.
          * Third Party Beneficiary. Licensors and suppliers of Ubiquiti and
            its affiliates are third party beneficiaries of this EULA, and
            thus this EULA is directly enforceable by such licensors and
            suppliers and their affiliates.
          * Statute of Limitations. You agree that regardless of any statute
            or law to the contrary, any claim or cause of action You may have
            arising out of or related to use of the Software or this EULA
            must be filed within one (1) year after such claim or cause of
            action arose or be forever barred.
          * Interpretation. As used herein, unless the context requires
            otherwise, the word “or” is not exclusive and the words “will,”
            “will not,” “shall,” and “shall not” are expressions of command
            and not merely expressions of future intent or expectation.
            Whenever the words “include,” “includes” or “including” are used
            in this EULA, they shall be deemed to be followed by the words
            “without limitation.” The section headings in this EULA are for
            convenience only and have no legal or contractual effect.

References

   Visible links
   1. www.ubnt.com
	https://www.ubnt.com/
   2. Terms of Service
	https://www.ubnt.com/legal/termsofservice/
   3. Limited Warranty
	https://www.ubnt.com/support/warranty/
   4. Privacy Policy
	https://www.ubnt.com/legal/privacypolicy/
   5. www.openssl.org
	http://www.openssl.org/