HARMONY IoT End-User License Agreement
Updated on September 15, 2019
This End-User License Agreement (this "EULA") is a binding agreement between you (the single user individual or entity signed below) and O.I.J Orchestra Group Ltd. ("Orchestra Group") regarding the use of the Software (as defined herein). By installing and/or using all or any portion of the Software and/or the Product, you accept all the terms and conditions of this EULA.
ORCHESTRA GROUP PERMITS YOU TO USE THE SOFTWARE ONLY IN ACCORDANCE WITH AND SUBJECT TO YOUR FULL AGREEMENT AND COMPLIANCE WITH THE TERMS OF THIS EULA. THE USE OF THE SOFTWARE IS SUBJECT SOLELY TO THE TERMS OF THIS EULA (AS MAY BE AMENDED FROM TIME TO TIME BY PROVIDING YOU A WRITTEN NOTICE) AND THE PROVISIONS OF THIS EULA SHALL PREVAIL ANY CONTRADICTING PROVISION, NOTWITHSTANDING ANYTHING TO THE CONTRARY UNDER ANY DOCUMENT EXCHANGED OR SIGNED BETWEEN YOU AND ORCHESTRA GROUP. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE. INSTEAD, PROMPTLY CONTACT THE RESELLER FOR INSTRUCTIONS ON RETURNING THE PRODUCT IN ACCORDANCE WITH THE RETURN POLICIES. ANY USE OF THE PRODUCT AND THE SOFTWARE WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA.
The term "Software" in this EULA shall refer to the software components embedded within any Orchestra Group product purchased by you from the reseller, including, any upgrades, modified versions, updates and additions thereof if any (collectively, the "Updates").
The term "Product" in this EULA shall refer to Orchestra Group's product purchased by you in which the Software in embedded.
1.Grant of License. Subject to your full compliance with the terms of this EULA, Orchestra Group grants you a limited, personal, non-exclusive, non-transferable, non-sub-licensable, single-user license to use the Software embedded in the Product. Without derogating the generality of the aforementioned, the Software may be used solely for your internal business purposes and you may not make any commercial use of the Software, nor grant any third party any right to use the Software, whether or not for consideration.
2.No Ownership. You have no ownership rights, interest, title or other proprietary rights in the Software. Rather, you have a license to use the Software pursuant to the terms of this EULA. Ownership of the Software and all other rights, title and interests of the Software, including all copyrights, trade secrets, and other intellectual property rights, shall remain at all times solely with Orchestra Group and this EULA does not convey to you any interest in or to the Software, except for a limited right of use as set forth herein, revocable and/or terminable in accordance with the terms of this EULA.
3.Confidentiality. You acknowledge that the Software contains confidential and proprietary information and trade secrets of Orchestra Group and agree that any unauthorized disclosure, use, or copying of the Software may cause Orchestra Group serious financial loss. Accordingly, you shall treat the Software as confidential and arrange proper and secure storage of said Software in the same manner as you own confidential material of like nature.
4.Copyrights. The Software contains material that is protected by applicable copyright and trade secret laws and by international treaty provisions. All copyright or any other proprietary notices placed on or contained within the Software shall be maintained, and you may not alter, remove, modify, or suppress any such proprietary notice of Orchestra Group. You will also ensure that all such proprietary notices and confidentiality legends appear on all copies of the Software.
5.Data Privacy. Orchestra Group does not collect through the Software any direct personal data relating to you or other natural persons. Should any of your personal data is uploaded, stored, maintained, and/or shared by using the Software, you are solely responsible for ensuring that your use of the Software is in accordance with applicable privacy laws, and you give Orchestra Group authorization to use your personal data for the operation of the Software. For further information on how Orchestra Group protects and uses personal data, it might collect, see Orchestra Group's Privacy Notice located at
6.Updates. Orchestra Group, at its discretion, may provide Updates to the Software. All Updates are provided to you on a license exchange basis. You agree that by using any Update you voluntarily terminate your license to use any previous version of the Software.
7.Restrictions. Other than the rights expressly licensed hereunder to you, no other rights or interests whatsoever in the Software are transferred or granted to you. Without limiting the foregoing, you undertake not to, and not to allow or aid to any third party, to (i) use the Software for any purpose other than the purpose explicitly set forth hereunder, or other than in compliance with the terms of this EULA; (ii) publish, display, disclose, sell, distribute, rent, lease or donate the Software; (iii) copy (except as allowed under this EULA), alter or reproduce the Software or the documentation which accompanies the Software or create derivative works based on the Software or any part thereof; (iv) develop any other product containing any of the concepts or ideas contained in the Software; (v) modify, alter, reverse engineer, dissemble or decompile the Software or any part thereof, or incorporate the Software into any other software, or extract the Software form the Product within which it is embedded, or attempt to create the source code from the object code of the Software; or (vi) transmit the Software over any network or between any devices, although you may use the Software to make such transmissions of other materials. Please be aware that your use of the open-source codes and third-party software embedded within the Orchestra Group product is subject to the terms of the licenses applicable thereto, details of which are available upon written request. THE USE OF THE SOFTWARE EXCEPT AS EXPRESSLY PERMITTED HEREUNDER IS EXPRESSLY PROHIBITED, AND CONSTITUTES AN ILLEGAL INFRINGEMENT OF COPYRIGHT AND OTHER RIGHTS OF ORCHESTRA GROUP IN AND TO THE SOFTWARE AND A VIOLATION OF THIS EULA.
8.No Warranty. ORCHESTRA GROUP GRANTS NO WARRANTY WITH RESPECT TO THE SOFTWARE, TO YOU OR TO ANY OTHER PERSON OR ENTITY, EITHER EXPRESS IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ORCHESTRA GROUP DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS, AND ORCHESTRA GROUP DOES NOT WARRANT AND REPRESENT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
9.Disclaimer of Damages. IN NO EVENT AND UNDER NO CIRCUMSTANCES, SHALL ORCHESTRA GROUP BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR LOSSES, COSTS, PENALTIES, ATTORNEYS FEES RESULTING FROM ANY EXPOSURE AND/OR LOSS OF DATA, FAILURE IN PROTECTING DATA, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, SAVINGS, USE, OPPORTUNITY, TAXES, AND PENALTY TAXES, OR REVENUES OF ANY KIND), WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIABILITY), EVEN IF YOU NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. NOTWITHSTANDING ANYTHING IN THIS EULA TO THE CONTRARY, ORCHESTRA GROUP'S AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES' SOLE, EXCLUSIVE AND MAXIMUM AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED $100.
The limited warranty, limited liability and exclusive remedies provisions set forth herein are fundamental elements of this EULA, and you accept and confirm that Orchestra Group would not be able to provide the Software on an economic basis without such limitations.