End User License Agreement
THE APP IS NOT A REPLACEMENT FOR 911! IF YOU ARE IN IMMEDIATE DANGER, ARE SUFFERING A MEDICAL EMERGENCY OR ARE THE VICTIM OF A CRIME, CALL 911 AND/OR THE APPROPRIATE AUTHORITIES IMMEDIATELY AND DO NOT RELY ON THE APP.
Grant of License and Ownership.
Subject to the following terms and conditions, Security5 grants to you a limited, non-exclusive and revocable license to use the software as shipped on the My Panic Button (“Software”). Security5 retains all title, ownership and intellectual property rights to the Software and any copies, including translations, compilations, derivative works (including images), partial copies and portions of updated software. The Software is Security5’s confidential proprietary information and you agree not to disclose it to anyone. This Agreement does not convey to you any interest in or to the Software, other than a limited right to use the Software with the My Panic Button Help Button. You agree not to copy, modify, remove, disassemble, decompile or reverse engineer the Software to the extent not prohibited by law. You also agree not to use the Software with any other product. The Software is owned by Security5 and is protected by United States copyright laws and international treaty provisions. You acknowledge that no title to any intellectual property in the Software is transferred to you. All rights not expressly granted to you are reserved by Security5.
This License is effective until terminated. This Agreement and your license to use the Software will terminate immediately without notice from Security5 or judicial resolution if you fail to comply with any provision of this Agreement. The Limited Warranty, Limitation of Remedies and Damages, and General sections will survive any termination of this Agreement.
Notwithstanding anything else to the contrary in any warranty offering from Security5, Security5 warrants, for a period of 24 months from the original purchase date of the My Panic Button, that the Software will perform substantially in accordance with Security5’s published specifications for that release of the Software. Security5’s total and entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Security5’s sole and exclusive option, the replacement of the My Panic Button Help Button or a refund of the amount actually paid for the My Panic Button Help Button.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY SECURITY5 FOR THE SOFTWARE, AND SECURITY5 AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SECURITY5 DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS MADE BY SECURITY5 OR AN AGENT THEREOF SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SECURITY5 DOES NOT WARRANT ANY SOFTWARE THAT HAS BEEN OPERATED IN EXCESS OF SPECIFICATIONS OR MISUSED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF REMEDIES AND DAMAGES.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL SECURITY5 OR ANY OF ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE MY PANIC BUTTON HELP BUTTON AND/OR THE SOFTWARE, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF SECURITY5 OR A SECURITY5 REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SECURITY5’S LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE BASIS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE PRICE YOU PAID FOR THE MY PANIC BUTTON HELP BUTTON. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Intellectual Property Ownership.
California law governs this Agreement. No terms of this Agreement may be modified or waived except in writing and signed by an officer or other authorized representative of Security5. If any provision of this Agreement is held invalid, all other provisions shall remain valid, unless such invalidity would frustrate the purpose of this Agreement. The failure of Security5 to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by Security5 as to subsequent enforcement of rights or subsequent action in the event of future breaches.