CoreLine App - Terms of Use

VERSION: 25th May 2016

 

Thank you for your interest in the Philips Coreline App! This Coreline application (“App”) is offered to you by Philips Lighting B.V. ("Philips").

This App will: provide you with access to information about the Philips CoreLine range of LED lighting lumainires.

 

Applicability

Please note that your use of and interaction with this App is subject to these Terms of Use, which remain in full force and effect so long as you continue to use or access the App, or until terminated earlier in accordance with the provisions of these Terms of Use. If you do NOT agree with these Terms of Use, you should NOT access or use the App. By clicking to accept these Term of Use, you acknowledge that you have read all of its terms, and that you understand and agree to be bound by these terms.

Privacy

Philips values your privacy, please read our separate Privacy Notice in this App for more details about your personal data.

Third Party Services and Open Source Software

Sometimes when you use the App you may (as a result of, or through your use of the App) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms of Use do not affect your legal relationship with these other companies or individuals. If the App contains a third party software or component or an open source software or component then the use of such software or component shall be subject to the terms of use of such third party software or component or such open source software or component. Your license rights under these Terms of Use do not include any right or license to use, distribute or create derivative works of the App in any manner that would subject the App to Open Source Terms. "Open Source Terms" means the terms of any license that require as a condition of use, modification and/or distribution of a work, the making available of source code or other materials preferred for modification, and/or the granting of permission for creating derivative works, and/or the reproduction of certain notices or license terms in derivative works or accompanying documentation, and/or the granting of a royalty-free IP license to any party.

Amendments

These Terms of Use may be amended by Philips at any time. By continuing to access or use the App after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review these Terms of Use and related terms and conditions, if any.

Affiliates

For purposes of these Terms of Use, the term "Philips" may also be construed to include affiliates of Philips (“Affiliates”), which include Philips Lighting Holding B.V. and any and all companies, firms and legal entities with respect to which now or hereafter Philips Lighting Holding B.V. directly or indirectly holds (i) 50% or more of the nominal value of the issued share capital; or (ii) ownership interest; and/or (iii) 50% or more of the voting power at general meetings; and/or (iv) has the power to appoint a majority of directors; and/or (v) to otherwise direct their activities and activities of such other companies, firms or legal entities as may be appointed by Philips Lighting Holding B.V. Without limiting the generality of the foregoing, the term "Philips" or "we" shall be deemed to include Philips Lighting B.V.

License grant

Philips grants you a personal, non-exclusive, non-transferable, revocable and limited license solely to access the App, to download and use the App’s software and service, and to access the content of the App (“Content”) according to these Terms of Use.

License Restrictions

You may not modify or adapt the App, merge the App into another program or create derivative works based upon the App. You agree to (a) not use the App in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (b) use the App only as intended by Philips; (c) not use the App in any manner that could harm Philips, its licensors, its service providers, or any other person; (d) not republish, reproduce, distribute, display, post or transmit any part of the App, and (e) comply with any other reasonable requirements or restrictions requested or imposed by Philips. You assume full responsibility for the legal and responsible use of the App.

Upgrades

 

Philips may, at its sole option, make upgrades to the App available after such posting or by any other means or methods. Such upgrades may be made available pursuant to the provisions of these Terms of Use or the release of such upgrades to you may be subject to your acceptance of another agreement.

Support

For any questions and support, please go to the Philips Lighting website http://www.lighting.philips.com/main/support/connect/contact-us

Warranties

All content and user generated content (including, without limitation, text, images, graphics, links, results from the claculator tool and other materials) on the app is provided "as is" and "as available". philips and its affiliates, partners, licensors and suppliers hereby expressly disclaim any representations or warranties of any kind, express or implied, including without limitation warranties of merchantability, reliability or fitness for any particular purpose, non-infringement, or as to the operation of any web site and the app, the content or user content and results generated through the use of the app. Neither Philips nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representations that (i) the App will be uninterrupted, timely, secure, or error free, or (ii) the results that may be obtained from the use of the App (including any information, tools and materials on or in the App) will be uninterrupted, timely, secure, correct, complete, accurate, reliable, or otherwise meet your requirements.

Liability

In no event will philips, or any affiliates or owners or licensors of, or author or contributors to, the software, be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; business interruption; or personal injury or death; loss of content provided by you or any damages relating to your failure to keep your acount information or password secure) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the app or the software, even if advised of the possibility of such damage. Philips’ or its affiliates’ or its licensors’ aggregate liability with respect to its obligations under these terms of use or otherwise with respect to the software and app or otherwise shall not exceed the amount of the fee paid by you for the app or five (5) euros, whichever is higher. Some states or countries do not allow the exclusion or limitation of liability for consequential or incidential damages, so the above limitation or exclusion may not apply to you.

Ownership

Copyrights and all other intellectual property rights in the App and the Content provided by Philips, its affiliates, licensors, and/or partners, the compilation of data on the App, and the order, sequence and arrangement of this App, are solely owned by Philips Lighting B.V. and / or its Affiliates, partners or licensors. All rights are reserved. You may not use the Content and the App other than expressly permitted in these Terms of Use. Philips and its Affiliates or its licensors retain ownership of all its rights in Content and in and to the App, and except as expressly set forth herein, no other rights or licenses are granted or implied to be granted under any Philips intellectual property.

Termination

These Terms of Use shall terminate (i) at the discretion of Philips, due to your failure to comply with any provision of these Terms of Use; or (ii) if any fee charged by Philips for continued use is not paid in due time; or (iii) upon destruction of your installed copy of the App. Philips’ rights and your obligations shall survive the termination of these Terms of Use.

Jurisdiction

These Terms of Use shall be construed, interrupted and governed by the laws of the Netherlands without regard to conflicts of law provisions thereof. Any litigation arising from or relating to these Term of Use shall be filed and prosecuted exclusively before a court of competent subject matter jurisdiction in Amsterdam, however, Philips may enforce its or its Affiliates’ intellectual property rights in any court of competent jurisdiction, including but not limited to equitable relief. You hereby consent to the jurisdiction of such courts over you and stipulate to the convenience, efficiency and fairness of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts based on the alleged inconvenience, inefficiency or unfairness of such courts.

Export

You will adhere to all applicable domestic and foreign export control laws and regulations and will not export or re-export any party of (the content of) the App disclosed hereunder without having obtained all required national and international government licenses, approvals, or waivers. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Miscellaneous

These Terms of Use shall constitute the entire agreement between the parties hereto. In the event that you have any other agreement(s) with Philips those agreements are separate and apart from these Terms of Use and these Term of Use shall control the software licensed hereunder and your use and access to the App. Any waiver of these Terms of Use shall only be effective if it is in writing and signed by both parties hereto. If any part of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms of Use shall be interpreted so as to reasonably effect the intention of the parties.