Software license agreement
This is an agreement between you and ad notam. Please read the “Device Terms of Use”, the “Privacy Notice”, the “Service Conditions of Use”, and other applicable rules, policies and terms made available at ad notam’s website, or through the ad notam’s Device or its companion app (collectively, this "Agreement") before using the ad notam Device. By using the ad notam Device, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the ad notam Device, and you may return it in accordance with the applicable return policy. You may need your own client account to register and use your ad notam Device, and you may be required to be logged into the account and have a valid payment method associated with it. Your use of any of the Services is subject to any additional rules, policies and terms that apply to those Services.
I. Device Terms of Use
For the purpose of this ad notam Device Terms of Use: "ad notam Device" means any ad notam product with Wifi or Bluetooth connection, including but not limited to ad notam Digital Frame Unit, ad notam Smart Mirror, ad notam Bluetooth Audio, ad notam Bluetooth Remote, ad notam Sensor, ad notam Lighted Mirror and, in each case, any ad notam accessories for these devices. "Third-party Content" means any third-party game, app, service or other feature that ad notam make available to you for use on an ad notam Device. "Digital Content" means any digitized content (including digitized Third party Content), such as weather information, news information, horoscope, traffic information, music, videos, photos, and audio. "Services" means the provision of Digital Content, Software, and support and other services that ad notam provide for ad notam Device users, including the wireless connectivity that ad notam provides. "Software" means all software ad notam make available to you for use on an ad notam Device, but excludes Third-party Content.
1. Features and Software
1.1 Location Services.
Your ad notam Device may have a feature that allows maps, other applications, and ad notam to use and access location and related information from your device. ad notam does not guarantee the accuracy or completeness of any location services.
1.2 Backup and Restore.
Your ad notam Device may have a feature that backs up to the cloud certain data on your device, including account settings, email address and wireless configurations, bookmarks, search history, so that you can restore that data later to an ad notam Device.
1.3 Voice Recognition Services.
Your ad notam Device may have features that allow you to access third-party voice recognition services or otherwise use your voice to perform certain tasks, such as check the weather, add a calendar entry, perform a search, or operate other connected products. When you use voice recognition services, ad notam may process your voice input and other information (such as location) in the cloud to respond to your requests and to improve your experience and our services. Your use of voice recognition services is subject to the “Conditions of Use”.
1.4 Use of the Software.
Except as provided in this section, you may use the Software only on an ad notam Device. For additional terms that apply to the Software, see the Additional ad notam Software Terms contained in the ad notam “Conditions of Use” and the terms contained in the Legal or similar section in the settings menu of your ad notam Device or companion app. Software licensed under an open source license is governed solely by the terms of that open source license.
2. Connectivity and Availability
2.1 Internet and Wireless Connectivity.
Your ad notam Device may require an Internet connection or data plan from a third-party provider in order to use some features. In such cases, your Internet connection or data plan is subject to the fees, restrictions, terms and limitations imposed by your provider.
2.2 Availability.
Some Services may be unavailable, vary (by device or geography, for example), offered for a limited time, or require separate subscriptions. In addition, if your ad notam Device requires wireless data services and is located in an area where it cannot access such services, you may not be able to use some or all of the Services or other features of your ad notam Device. ad notam is not responsible for the unavailability of wireless data services or any corresponding loss of Services.
3. General
3.1 Information Received.
The Software will provide ad notam with information about use of your ad notam Device and its interaction with Digital Content and the Services (such as content usage, available memory, up-time, log files, network diagnostics, search queries, location, voice information, connectivity and signal strength). Information provided to ad notam may be processed in the cloud to improve your experience and our services, and may be stored on servers outside the country in which you live. ad notam will handle any information it receives in accordance with the ad notam Privacy Notice.
3.2 Information Provided To Others.
You are responsible for any information you provide to others, including Third-party Content providers, using an ad notam Device. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.
3.3 Changes to Services; Amendments.
ad notam may change, suspend, or discontinue the Services, or any part of them, at any time without notice. ad notam may amend any of this Agreement's terms at its sole discretion by posting the revised terms on the ad notam’s website. Your continued use of the ad notam Device after the effective date of the revised Agreement constitutes your acceptance of the terms.
3.4 Termination.
Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, ad notam may immediately revoke your access to the Services without refund of any fees. ad notam's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
3.5 Disputes/Binding Arbitration.
Any dispute or claim arising from or relating to this Agreement, an ad notam Device, the Software, the Digital Content, or the Services is subject to the binding arbitration, governing law and disclaimer of warranties, limitation of liability, and all other terms in the ad notam Conditions of Use. You agree to those terms by entering into this Agreement or using an ad notam Device or the Services.
3.6 Disclaimer of Warranties and Limitation of Liability.
Without limiting the Disclaimer of Warranties and Limitation of Liability terms in the ad notam Conditions of Use, (1) unless otherwise provided by ad notam, your ad notam Device may be subject to a limited warranty, and (2) unless otherwise required by applicable law, in no event will our or our licensors' aggregate liability under this Agreement with respect to any claim exceed the greater of fifty euros (EUR 50.00) and the amount you actually paid for your ad notam Device.
3.7 Contact Information.
For help with your ad notam Device, the Services, Digital Content, Software or resolving other issues, please contact Customer Service at www.ad-notam.com/service-support/ (or by email to support@ad-notam.com).
II. Service Conditions of Use
ad notam provides website features and other products and services to you when you visit our website, use ad notam Devices or Services, use ad notam’s applications for mobile, or use on-line tools provided by ad notam in connection with any of the foregoing (collectively, "ad notam Services"). ad notam provides the ad notam Services subject to the following conditions. By using ad notam Services, you agree to these conditions. Please read them carefully. ad notam offers a wide range of ad notam Services, and sometimes additional terms may apply. When you use an ad notam Service (for example, Your ad notam’s website Profile, On-Line configurator, or ad notam’s applications for Smart Mirror you also will be subject to the guidelines, terms and agreements applicable to that ad notam Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
1. Privacy
Please review our Privacy Notice, which also governs your use of ad notam Services, to understand our practices.
2. Electronic Communications
When you use any ad notam Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on our website or through the other ad notam Services, such as our Smart Mirror. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Copyright
All content included in or made available through any ad notam Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of ad notam or its content suppliers and protected by German and international copyright laws. The compilation of all content included in or made available through any ad notam Service is the exclusive property of ad notam and protected by German and international copyright laws.
4. Trademarks
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any ad notam Service are trademarks or trade dress of ad notam in Germany and other countries. ad notam's trademarks and trade dress may not be used in connection with any product or service that is not ad notam's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ad notam. All other trademarks not owned by ad notam that appear in any ad notam Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ad notam.
5. License and Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, ad notam or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the ad notam Services. This license does not include any resale or commercial use of any ad notam Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any ad notam Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by ad notam or its licensors, suppliers, publishers, rights holders, or other content providers. No ad notam Service, nor any part of any ad notam Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ad notam. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ad notam without express written consent. You may not use any meta tags or any other "hidden text" utilizing ad notam's name or trademarks without the express written consent of ad notam. You may not misuse the ad notam Services. You may use the ad notam Services only as permitted by law. The licenses granted by ad notam terminate if you do not comply with these Conditions of Use or any Service Terms.
6. Your Account
If you use any ad notam Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the ad notam Services only with involvement of a parent or guardian. ad notam reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
7. Copyright Complaints
ad notam respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@ad-notam.com
8. App Permissions
When you use apps created by ad notam, such as the ad notam Configurator App, ad notam Smart Mirror App, or ad notam CMS Mobile App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
9. ad notam Software Terms
In addition to these Conditions of Use, the terms found below apply to any software (including any updates or upgrades to the software and any related documentation) that ad notam make available to you from time to time for your use in connection with ad notam Services (the "ad notam Software").
9.1 Use of the ad notam Software
You may use ad notam Software solely for purposes of enabling you to use and enjoy the ad notam Services as provided by ad notam, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the ad notam Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the ad notam Software or otherwise assign any rights to the ad notam Software in whole or in part. You may not use the ad notam Software for any illegal purpose. ad notam may cease providing any ad notam Software and ad notam may terminate your right to use any ad notam Software at any time. Your rights to use the ad notam Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain ad notam Software that are specifically identified in related documentation may apply to that ad notam Software (or software incorporated with the ad notam Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any ad notam Service is the property of ad notam or its software suppliers and protected by German and international copyright laws.
9.2 Use of Third Party Services
When you use the ad notam Software, you may also be using the services of one or more third parties, such as a wireless carrier or a internet service provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
9.3 No Reverse Engineering
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the ad notam Software, whether in whole or in part, or create any derivative works from or of the ad notam Software.
9.4 Updates
In order to keep the ad notam Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
10. Disclaimer of Warranties and Limitation of Liability
The ad notam services and all information, content, Materials, products (including software) and other Services included on or otherwise made available to You through the ad notam services are provided by ad notam on an "as is" and "as available" basis, unless otherwise specified in writing. ad notam makes no representations or warranties of any kind, express or implied, as to the operation of the ad notam services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the ad notam services, unless otherwise specified in writing. You expressly agree that your use of the ad notam Services is at your sole risk. To the full extent permissible by applicable law, ad notam disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. ad notam does not warrant that the ad notam Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the ad notam services, ad notam's servers or electronic communications sent from ad notam are free of viruses or other harmful components. ad notam will not be liable for any damages of any kind arising from the use of any ad notam service, or from any information, content, materials, products (including Software) or other services included on or otherwise made available to you through any ad notam service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
11. Site policies, modification, and severability
Please review our other policies, such as our legal notice, posted on our Web site. These policies also govern your use of ad notam Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
III. Service Conditions of Use
ad notam knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By using ad notam’s Services, you are accepting the practices described in this Privacy Notice.
1. Customers Information gathered by ad notam
The information ad notam learn from customers helps us personalize and continually improve your ad notam Services experience. Here are the types of information we gather.
1.1 Information You Give Us:
We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future services for you, improving our applications, and communicating with you.
1.2 Automatic Information:
We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses our website or application.
1.3 Mobile:
When you download or use applications created by ad notam we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, traffic information, and other personalized content. Most mobile devices allow you to turn off location services.
1.4 E-mail Communications:
To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from ad notam if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please adjust your Customer Communication Preferences.
2. Cookies
Cookies are unique identifiers that we transfer to your device to enable our systems to recognize you and provide you with your desired service. The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Web site of its manufacturer. Because cookies allow you to take advantage of some of ad notam's essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to use our on-line configurator tool, set up your Smart Mirror applications, or use any ad notam products and services that require you to Sign in.
3. Sharing of Information
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We do not share any customer information.
4. Securing of Information
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. For other data protection terms and condition please refer to the Data Protection section in our website at www.ad-notam.com/legal-notice
5. Access of Information
ad notam gives you access to a broad range of information about your account and your interactions with ad notam for the limited purpose of viewing and, in certain cases, updating that information.