By using the software comprised in Beam, including the official applications of Beam Labs, you agree to be bound to the terms of this End-User License Agreement (“EULA”) set out by Beam Labs B.V. (“Beam Labs”). This EULA is a legal agreement between you and Beam Labs. The Product Software is deemed irrevocably accepted upon your use of the Product Software or Product, so please read this license carefully before using Beam or downloading our applications.
This EULA governs your use and access of the Product Software. This license gives you specific rights. Limitations of liability, disclaimers and exclusions under this EULA will not apply to the extent prohibited by applicable law.
Do not use or download the software updates of Beam if you do not agree to all of the terms and conditions of this license. This EULA does not govern your use of the Site, Site Services, or Mobile Software, or your purchase of the Product (excluding the Product Software).
The software that is installed on your Beam is licensed, not sold to you, by Beam Labs for use only under the terms of this EULA. We retain all rights, including ownership, of the software and reserve all rights not expressly granted to you under this License.
Beam Labs will release future software updates that replace or supplement Beam’s software. These updates are governed under the terms of this EULA.
This EULA does not permit you to:
– Reverse engineer or reverse compile, disassemble, modify, copy (except as expressly permitted by this license) or make derivative works of any part of the Product Software (except as and only to the extent any foregoing restriction is prohibited by applicable law).
– Distribute or make the Software available over a network where it could be used by multiple devices at the same time.
– Sell, rent, sublicense, redistribute, lease or otherwise commercially exploit the Product Software, or disclose the Product Software to any third party
Beam Labs may collect and use technical data and related information, including but not limited to system and application software and technical information about your device, that is gathered periodically to facilitate the provision of software updates and product support related to the Product Software. We may use this information as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
This EULA and the license are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product, unless the EULA is terminated under this section. Your rights under this license will terminate automatically without notice from Beam Labs if you fail to comply with any term(s) of this license. You shall cease all use of the Product Software, and destroy all copies, full or partial, of the Product Software.
5. Services, third party materials
The Product Software may enable access to Beam Labs and third-party services and web sites (collectively and individually, “Services”). The use of the Services may require internet access, accepting additional terms of service and may be subject to additional fees.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Beam Labs will have no liability to you for any content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that Beam Labs is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites.
Beam Labs, its affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
Neither Beam Labs, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data, or any other data displayed by any Services.
You agree that the Services contain proprietary content, information and material that is owned by Beam Labs, the site owner and/or their licensors, and are protected by applicable intellectual property and other laws including, but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for: permitted use of the Services and in any matter that is inconsistent with this EULA. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to using the Services to transmit computer viruses and malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Beam Labs is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, Third Party Services and Third Party Materials that may be accessed, displayed on or linked to the Product are not available in all languages or in all countries. Beam Labs makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and/or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws and privacy/data collection laws. Beam Labs and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Beam Labs be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
6. Disclaimer of Warranties
You expressly acknowledge and agree that use of the Product 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 Product Software and any Services performed or provided by the Product Software are provided “as is” and “as available”, with all faults and without warranty of any kind, and Beam Labs and its licensors hereby disclaims all warranties and conditions with respect to the Product Software and Services, 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, quiet enjoyment, and non-infringement of Third Party Rights. Beam Labs does not warrant against interference with your enjoyment of the Product Software and Services, that the functions contained in, or services performed or provided by, the Product Software will meet your requirements, that the operation of the Product Software and Services will be uninterrupted or error-free, that any Service will continue to be made available, that defects in the Product software or Services will be corrected. No oral or written information or advice given by Beam Labs or a Beam Labs authorized representative will create a warranty. Should the Product Software or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusions and limitations may not apply to you.
7. Limitation of liability
To the extent not prohibited by applicable law, in no event will Beam Labs 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 Product Software and services or any Third Party Software or applications in conjunction with the Product and its software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Beam Labs has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Beam Labs’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the price you’ve paid for the watch, or the amount of 500 USD. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
If any provision of this EULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
9. Governing law
This EULA shall be governed by and construed in accordance with the laws of the state of The Netherlands. You agree to the non-exclusive jurisdiction of the courts in Amsterdam, The Netherlands for any disputes, claim or cause of action arising out of, or relating to or in connection with this EULA or your use of the Product’s Software, including any disputes relating to the existence or validity of this EULA, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of Amsterdam, The Netherlands.