End User License Agreement

This End User License Agreement (“Agreement”) governs your download, installation and use of the mobile application (the “Licensed Application”) provided by SwamCam, LLC (“SwamCam”) located at 400 Rella Blvd, Suite 123-115, Montebello, New York 10901 ;

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS WELL AS SWAMCAM’S TERMS OF USE, BY, (1) SIGNING THIS AGREEMENT IN THE SPACE PROVIDED BELOW; (2) DOWNLOADING, INSTALLING, OR OTHERWISE USING THE LICENSED APPLICATION; OR (3) CLICKING THE ACCEPTANCE BUTTON ON THE ELECTRONIC VERSION OF THIS AGREEMENT.

 

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND OUR TERMS OF USE, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE LICENSED APPLICATION.

 

  1. OWNERSHIP

 

The Licensed Application is licensed, not sold, to you. Ownership of the Licensed Application and all intellectual property rights therein shall remain at all times with SwamCam. Subject to the terms and conditions of this Agreement and the Terms of Use, SwamCam grants you a limited, revocable, nonexclusive, nontransferable license to download, install and use the Licensed Application in connection with SwamCam Devices. Any reference to “Devices,” means SwamCam’s hardware products, including our cameras, sensors, and other devices. Any SwamCam software that updates, supplements or replaces the original Licensed Application is governed by this Agreement unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this Agreement or as otherwise provided in such separate terms.

 

  1. LICENSE RESTRICTIONS

 

Section 1 sets forth the entirety of your rights with respect to the Licensed Application and SwamCam reserves all rights in and to the Licensed Application not expressly granted to you in this Agreement or the Terms of Use. The license granted to you in Section 1 does not allow you to use the Licensed Application on any Device you do not own or control. Unless stated in this Agreement or otherwise by SwamCam, nothing in this Agreement will be construed as conferring any right or license to intellectual property rights, whether by estoppel, implication or otherwise. Any use of the Licensed Application, other than as set forth in Section 1, by any person, business or other entity is strictly forbidden and is a violation of this Agreement.

 

  1. CONSENT TO DATA PRACTICES

 

SwamCam may collect, use and share information about you, including, but not limited to, information about your use of the Licensed Application, Device, system and application software, and peripherals, that is gathered in connection with your access to and use of the Licensed Application. For information about how SwamCam collects, uses and shares information about you in connection with your use of the Licensed Application, please refer to the SwamCam’s Privacy Policy.

 

  1. SUPPORT SERVICES

 

If you have any questions or concerns regarding the Licensed Application, please contact SwamCam at  info@theswamcam.com or visit www.theswamcam.com. Customer Support is subject to availability of applicable SwamCam personnel and is limited to responding to inquiries sent through standard email and other established SwamCam communication channels.  SwamCam does not provide any commitments or guarantees as to response times or as to whether problems or concerns can be resolved or addressed. Any customer service and support offered and provided by SwamCam is not an emergency or 911 service or a dispatch center, an emergency service provider or dispatch service, or a lifesaving solution for people at risk in their home or otherwise. PLEASE DO NOT CONTACT CUSTOMER SERVICE OR SUPPORT OFFERED BY SWAMCAM WITH ANY LIFE/SAFETY OR SECURITY EMERGENCY, MEDICAL EMERGENCY, OR ANY OTHER EMERGENCY. IF YOU HAVE ANY SUCH EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.

 

  1. LIMITED EXPRESS WARRANTY

 

SwamCam’s Site, App and Devices are made available to User “as is” and without any warranty or representation of any kind, whether express or implied.  Without limiting the generality of the immediately preceding sentence, SwamCam disclaims all implied warranties (including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose).

SwamCam warrants that its Devices will be free from defects in materials and workmanship for a period of one year from the date of purchase.  If the product or any component is defective or malfunctions during this period, SwamCam will repair or replace the products, at its sole discretion, free of charge.  This limited warranty does not apply to the following events or occurrences: damage due to abuse, misuse, modification, alteration, failure to follow instructions and specifications, negligence, casualty, and acts of God.  This limited warranty does not apply to consumable parts (e.g., batteries) and does not include reimbursement for inconvenience, installation, loss of use, or unauthorized service.

  1. DISCLAIMER OF ALL OTHER WARRANTIES

 

WITH THE EXCEPTION OF THE FOREGOING LIMITED WARRANTY, SWAMCAM MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH ITS SERVICES, INCLUDING ITS DEVICES.  IF APPLICABLE LAW DOES NOT ALLOW FOR THE DISCLAIMER OF STATUTORY OR IMPLIED WARRANTIES, THEN TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUCH STATUTORY AND IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO THE PERIOD OF ONE YEAR FROM THE DATE OF PURCHASE OF THE ALARM PRODUCT(S).

 

  1. LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES

 

SwamCam’s Services are not a life-saving system and are not intended to be solely relied upon by User for supervising an area of safety concern. The Services are meant to supplement active, human supervision of minors, those who cannot swim or those who may be at risk for accidental injury or death. The Services are subject to technology shortfalls including, but not limited to, interruptions in electrical power or WiFi signal. User must always ensure minors are properly supervised by an adult. For more information on pool safety, please see www.poolsafely.gov.

 

User understands the above and agrees that SwamCam’s Services are designed to reduce the risk of loss only as detection/notification products.  These Services, including the Devices, do not avert, eliminate, or minimize occurrences or events, such as personal injury, death, or property damage, and the User is not purchasing the alarm products in reliance on them to avert, eliminate, or minimize such occurrences or events.  SwamCam makes no guarantee or warranty, beyond the foregoing Express Limited Warranty, that the Services, including the Devices, will detect or avert such occurrences or their consequences.  Accordingly, SWAMCAM HAS NO LIABILITY FOR ANY LOSSES IN CONNECTION WITH ITS SERVICES, INCLUDING THE DEVICES, NO MATTER THE CAUSE, EVEN IF DUE TO SWAMCAM’S OWN NEGLIGENCE OR THE SERVICES, INCLUDING THE DEVICES’S, MALFUNCTION OR NONFUNCTION.

 

IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM SWAMCAM’S FAILURE TO PERFORM ITS OBLIGATIONS.  IN NO EVENT WILL THE CUSTOMER HOLD SWAMCAM LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE.  NOTWITHSTANDING THE PROVISIONS HEREIN, IF SWAMCAM IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING TO ITS SERVICES, INCLUDING THE DEVICES, THEN SWAMCAM’S LIABILITY SHALL NOT EXCEED THE GREATER OF THE AMOUNT THE CUSTOMER PAID FOR THE ALARM PRODUCTS AND SERVICES OR $500.00. THIS AGREED-UPON AMOUNT IS NOT A PENALTY, BUT THE CUSTOMER’S SOLE REMEDY.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

The Licensed Application and Devices may contain trademarks and service marks owned by SwamCam.  All such trademarks and service marks shall at all times remain the property of SwamCam.  All patents, copyrights and other intellectual property rights in, or relating to, the Licensed Application and Devices are also owned by SwamCam, and shall at all times remain the property of SwamCam or its licensor, as applicable.  Access to the Licensed Application or Devices does not give the user a license or other right in any intellectual property of SwamCam or its licensors, except as may be expressly authorized by SwamCam in writing.

 

 

  1. EXPORT AND SANCTIONS COMPLIANCE

 

You may not export or re-export the Licensed Application or related technology, or any content contained therein, except as authorized by export control and sanctions laws of the United States and any other government having jurisdiction. In particular, but without limitation, the Licensed Application, technology and the content contained therein may not be exported or re-exported to (a) any U.S. sanctioned or embargoed countries or regions; or (b) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce Denied Person’s List or Entity List, or other U.S. sanctions or export control lists.

 

  1. LEGAL COMPLIANCE

 

By downloading, installing and using the Licensed Application, you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You will comply with all applicable laws, rules and regulations, including, but not limited to, U.S. export control laws.

 

  1. TERMINATION

 

Notwithstanding anything contained in this Agreement, SwamCam reserves the right, without notice and in our sole discretion, to terminate your right to access or use the Licensed Application, and to block or prevent your future access to and use of the Licensed Application.

 

  1. SEVERABILITY

 

If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

  1. COMPLETE AGREEMENT

 

This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether written or oral.

 

  1. APPLICABLE LAW AND VENUE

 

This Agreement is governed by the laws of the State of New York without regard to or application of its choice of law rules or principles.

 

  1. CONTACT

 

If you have any questions, complaints or concerns regarding the Licensed Application or this Agreement, please contact SwamCam at:

 

CONTACT

If you have any questions, complaints or concerns regarding the Licensed Application or this Agreement, please contact SwamCam at:

 

Regular mail to:

SwamCam, LLC

400 Rella Blvd, Suite 123-115

Montebello, New York 10901;

 

E-mail to: info@theswamcam.com

 

Accepted and Agreed:

LICENSE

___________________________________
Signature

___________________________________
Printed Name

___________________________________
Address

___________________________________
Date