1. General Terms and Conditions
1.1 This end user license agreement (“EULA”) applies to software of the company acting under the name Grenton Spółka z ograniczoną odpowiedzialnością, a limited liability company (spółka z ograniczoną odpowiedzialnością) incorporated under the laws of Poland, having its registered office at ul. Na Wierzchowinach 3, 30‑222 Kraków, Poland, registered with the National Court Register held by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register under number 0000374071, REGON: 121424344, NIP: 6793054754 (the “Company”), installed onto the Company’s product purchased by you (the “Product”) or loaded onto a carrier provided with the Product or legally downloaded from the Company’s website [http://om.grenton.com] or any other channel provided by Company, i.e. the firmware (the “CLU Software”) embedded in the Common Logic Units (the “CLU”) and the Object Manager configuration software that may be installed on your computer in order to enable the CLUs’ remote control (the “OM Software”).
1.2 This EULA is an agreement between you (either an individual or a legal entity) and the Company for the CLU Software and the OM Software.
1.3 You agree to be bound by the terms of this EULA by using the CLU Software or installing the OM Software onto your device connected to the Product and by checking the box or clicking the button to confirm your acceptance.
1.4 You should carefully read this EULA before using the CLU Software or installing the OM Software and using the CLU Software or installing the OM Software will signify your agreement to be bound by this EULA.
1.5 If you do not agree with the terms of this EULA, may not use the CLU Software or the OM Software and are obliged to uninstall these software from the relevant device. Instead, you may return the Product to the Company or its authorized dealer where you purchased it for a refund in accordance with the applicable return policy.
2. Limited License
2.1 The Company grants you for an undefined period of time a limited, nonexclusive, non-transferable and free-of-charge license relating to your use of the Product acquired from the Company or its authorized dealer:
a) to run and use a single copy of the CLU Software loaded on each Product, and
b) to install, run and use a single copy of the OM Software at any time on your single device connected to any number of the Products in order to set up the CLU or the CLU Software.
2.2 The Company may provide you with upgrades or updates to the CLU Software or the OM Software.
2.3 If you decide not to download and use an upgrade or update provided by the Company, you understand that you could put the Product or the CLU Software or the OM Software at risk to serious security threats or cause the Products or the CLU Software or the OM Software to become unusable or unstable.
2.4 The Product or the CLU Software or the OM Software may include an auto-update feature, which gives us the ability to make updates automatically. You can change auto-update options by changing your settings within the Product or the CLU Software or the OM Software. In certain cases, updates may still be automatically applied, regardless of the auto-update setting, in particular relating to a security breaches. The Company may also provide you with updated CLU Software data files or updated OM Software data files automatically to your benefit, such as to provide you with updated device information to identify new devices in your network. These data files do not update the Product or the CLU Software or the OM Software, but consist of files that are cached on your Product and override older files. By agreeing to this EULA, you agree to automatic updates.
2.5 Any software provided to you by the Company or made available on the Company’s website or any other channel provided by the Company that updates or supplements the Product or the CLU Software or the OM Software is governed by this EULA unless separate license terms are provided with such updates or supplements.
2.6 You may make and use a reasonable number of copies of any documentation provided with the CLU Software or the OM Software; provided that such copies will only be used for your internal backup and archival purposes only and are not to be republished or redistributed (either in hard copy or electronic form) to any third party. You may make a reasonable number of copies of the OM Software.
2.7 You shall not:
a) use the CLU Software or OM Software for any purpose other than that in connection with the Product;
b) use the CLU Software or the OM Software in a manner inconsistent with the Company’s manuals relating to the use of the Product or the CLU Software or the OM Software and provided with the Product or the CLU Software or the OM Software;
c) license, distribute, lease, rent, lend, transfer, assign or otherwise dispose or make available the CLU Software or the OM Software;
d) reverse engineer, decompile, disassemble or attempt to discover the source code of or any trade secrets related to the Product or the CLU Software or the OM Software, except and only to the extent that such conduct is expressly permitted by applicable law notwithstanding this limitation;
e) adapt, modify, alter, translate or create any derivative works of the Product or the CLU Software or the OM Software;
f) remove, alter or obscure any copyright notice or other proprietary rights notice on the Product or the CLU Software or the OM Software;
g) circumvent or attempt to circumvent any methods used by the Company to control access to the components, features or functions of the Product or the CLU Software or the OM Software;
h) use the Product or the CLU Software or the OM Software to develop a competing hardware or software product, or otherwise in any manner not set forth in this EULA or manuals relating to the use of the Product or the CLU Software or the OM Software and provided with the Product or the CLU Software or the OM Software;
i) copy the CLU Software or the OM Software (other than backup copies) or operate it separately from the Product;
j) use the CLU Software or the OM Software to transmit software viruses or other harmful computer code, files or programs, or to circumvent, disable or otherwise interfere with security-related features of the CLU Software or the OM Software;
k) use the CLU Software or the OM Software for any unlawful purpose, or in any manner that breaches this EULA, or
l) authorize or permit any third party to do the above.
2.8 This EULA applies only to the extent that you paid for the Product and states the entirety of your rights with respect to the CLU Software and the OM Software. The Company reserves all rights not expressly granted to you in this EULA.
2.9 All copyrights or intellectual property rights or industrial proprietary rights to the Product or the CLU Software and the OM Software are owned by the Company or its suppliers and are not transferred to you. The Company permits you to use the CLU Software and the OM Software only in accordance with the terms of this EULA. All copyrights or intellectual property rights or industrial proprietary rights to the Product or the CLU Software and the OM Software not specifically granted in this EULA are reserved by the Company. To the extent applicable, you acknowledge that you have no right to have access to the CLU Software and the OM Software in source code.
2.10 The CLU Software and the OM Software may contain components licensed to the Company under the open-source licenses (the “Open-Source Components”), currently available at [●]. The terms of the open-source licenses will apply solely with respect to the Open-Source Components to the extent that this EULA conflicts with the requirements of the open‑source licenses with respect to your use of the Open-Source Components, and, in such event, you agree to be bound by the open-source licenses with respect to your use of such Open-Source Components.
3. Limited warranty
3.1 The Company grants a limited warrant that the CLU Software and the OM Software will substantially conform to the Company’s published specifications for the CLU Software and the OM Software, if any, or otherwise set forth on the Website, for the warranty period [set forth in the warranty card].
3.2 The Company will use commercially reasonable efforts to, in the Company’s sole discretion, either correct any such nonconformity in the CLU Software or the OM Software or replace the CLU Software or the OM Software that fails to comply with the foregoing warranty, provided that you give Synology written notice of such noncompliance within the warranty period.
3.3 The foregoing warranty does not apply to any noncompliance resulting from:
a) any non-conformities or failures resulting from the breach of this EULA, or
b) any customization, modification or other alteration of the CLU Software or the OM Software by anyone other than the Company or the Company’s authorized employee or associate, or
c) combination of the CLU Software or the OM Software with any product, services or other items provided by anyone other than the Company, or
d) use the CLU Software or OM Software for any purpose other than that in connection with the Product, or
e) use the CLU Software or the OM Software in a manner inconsistent with the Company’s manuals relating to the use of the Product or the CLU Software or the OM Software and provided with the Product or the CLU Software or the OM Software.
3.4 During the warranty period, the Company will provide you with the customer support services relating to the CLU Software or the OM Software. Following the expiration of the warranty period, the customer support services for the CLU Software or the OM Software may be available from the Company upon additional remuneration or on the basis of a separate agreement.
3.5 The CLU Software and the OM Software is provided “as is” and with all faults. The Company and its suppliers hereby disclaim all other warranties, whether implied or statutory customary, including, but not limited to, any (if any) implied warranties, duties or conditions of satisfactory quality, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, with regard to the CLU Software and the OM Software, and the provision of or failure to provide support or other services, information, software, and related content through the CLU Software and the OM Software or otherwise arising out of the use of the CLU Software and the OM Software. Also, there is no warranty or condition of quiet enjoyment, quiet possession, or non-infringement with regard to the CLU Software and the OM Software. Without limitation of the foregoing, the Company does not warrant that the CLU Software or the OM Software will be free of bugs, errors, viruses or other defects. The Company’s statutory warranty for defects of goods towards end-users that are not consumers is hereby excluded pursuant to Article 558 of the Civil Code.
3.6 You acknowledge that the CLU Software and the OM Software have not been developed to meet your individual requirements and that it is therefore your responsibility to set-up the CLU Software and the OM Software to ensure that the facilities and functions of the CLU Software and the OM Software meet your requirements.
3.7 The foregoing exclusion and limitation of the warranty will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions do not allow the exclusion or limitation of warranty and to the extent that those laws apply to this EULA, the exclusions and limitations of warranty may not apply to you.
4. Limitation of liability
4.1 The Company and any of its authorized distributors shall not be liable (whether in contract or in delict or tort or negligence or anything else) to you or to any third party:
a) for any inability to use the Product or the CLU Software and the OM Software or any third party equipment or access data or loss of or corruption to data or loss, including loss of profits or business interruption or any other similar consequences (whether such loss or damage is direct or indirect), or
b) for any future, indirect, incidental, consequential loss or damage whatsoever, in each case, arising out of the use of or inability to use the Product or the CLU Software and the OM Software even if Company has been advised of the possibility of such loss or damages.
4.2 The Company and any of its authorized distributors shall not be liable for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services which are delivered by the Product or the CLU Software and the OM Software or otherwise. The Company is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by the Company of the third-party site or service. Any use by you of such links or third party sites and the manner in which you use such third party sites and links shall be your responsibility and at your risk and you shall not use them in any illegal or fraudulent manner.
4.3 Notwithstanding any the above, the entire liability of the Company and any of its authorized distributors arising from or related to this EULA shall be limited to the amount [actually paid by you for the Product or the CLU Software and the OM Software] in the [six months] prior to any claim or series of related claims.
4.4 The foregoing exclusion and limitation of the Company’s liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions do not allow the exclusion or limitation of lability, and to the extent that those laws apply to this EULA, the exclusions and limitations of the Company’s liability may not apply to you, in particular if you are a consumer. Notwithstanding clause 4 or anything else contained in this EULA, nothing shall limit the Company’s liability for death or personal injury resulting from the Company’s intentional fault or gross negligence to the extent that the Company’s liability cannot be validly excluded or limited under the applicable law.
4.5 You will be fully liable towards the third parties or the Company for losses caused as an effect of your breach of this EULA or your use of the Products or the CLU Software or the OM Software in a manner inconsistent with the Company’s manuals relating to the use of the Product or the CLU Software or the OM Software and provided with the Product or the CLU Software or the OM Software. In particular, you are solely liable for any and all loss, liability, or damages, including to your home, hvac system, electrical system, plumbing, the Product, other peripherals connected to the Product, computer, mobile device, and all other items and pets in your home, resulting from your misuse of the Product or the CLU Software or the OM Software and related programs and documentation. You are responsible for complying with any safety warnings and precautions that accompany the Product or the CLU Software or the OM Software.
5. Miscellaneous provisions
5.1 The Company may immediately terminate this EULA if you fail to comply with any of its terms and conditions. In such event, you must cease use of the CLU Software and the OM Software and destroy all copies of the CLU Software and the OM Software and all of its component parts. The Company is authorized to audit your compliance with the terms of this EULA and you hereby agree to grant the Company a right to access to the Product or the CLU Software and the OM Software to facilitate any such audit by the Company or its authorized representative.
5.2 The Company may, with or without notice, to discontinue update, upgrade and supplement services provided to you or made available to you through the use of the Product or the CLU Software or the OM Software and change functionalities of the CLU Software or the OM Software.
5.3 A party which is not a party to this EULA has no rights to rely upon or enforce any term of this EULA.
5.4 This EULA (including any addendum or amendment) constitutes an entire agreement between you and the Company relating to the CLU Software and the OM Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the CLU Software and the OM Software. To the extent that the terms of any Company’s policies conflict with the terms of this EULA, the terms of this EULA shall prevail. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
5.5 The Polish version of this EULA shall prevail. Any translations are provided for convenience only.
5.6 This EULA and any disputes arising under or in connection with this EULA (including any non-contractual claims or disputes) are subject to Polish law. All disputes arising out of this EULA (including any non-contractual claims or disputes) shall be settled by the state courts in Warsaw and competent for Warszawa Śródmieście District, which will have exclusive jurisdiction in respect of any such disputes.
5.7 The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to this EULA, the Product or the CLU Software and the OM Software.
5.8 If you have any questions relating to EULA, please email the Company at: EULA@grenton.com