These terms are binding between you and Harman International Industries, Incorporated and its affiliates ("Harman") for the Application, Services, and any support material related to these terms. "Application" means collectively the software, software components, and related documentation accompanying these terms. "Services" means collectively our website or online services accessible through our products or the Application. By using or accessing the Application or Services, you agree to these terms. If you are using the Application and Services on behalf of a company, then you represent and warrant that you have the authority do so and therefore bind your company. You represent and warrant that you have the legal capacity to enter into a binding agreement and that you are of the age of consent.
1.1 Subject to your compliance with these terms, Harman grants you a non-exclusive and non-transferable license to use the Application as permitted under these terms. This license is not a sale of software or permission to lend, sell, redistribute, sublicense, lease or rent the Application to other parties.
1.2 Harman retains all rights, title, and interest in and to the Application.
2. LICENSE RESTRICTIONS.
2.1 You may not reproduce, modify, transfer, transmit, sublicense, or export the Application. You may not disassemble, decompile, reverse engineer the Application, and you may not allow others to do the same. To the extent you are permitted under applicable law to reverse engineer for interoperability purpose, you must (a) state your purpose in a written request to Harman, and (b) allow Harman the opportunity to investigate and provide the necessary information.
2.2 You may not remove any disclaimers, warnings, copyright notices, trademark notices, or other proprietary notices on or embedded in the Application.
2.3 Harman owns all intellectual property rights in the Application and all modifications, updates, upgrades, and derivative works based upon the Application. Harman reserves all rights not expressly granted under these terms.
3.1 The Application may enable access to Services. The Services may be subject to additional restrictions. You must agree to these additional terms in order to use or access the Services. Harman is not responsible or liable for the Services or content that you may access through the Services (such as the accuracy, completeness, or operation of the content or Services).
3.2 By using any of the Services, you may encounter content that may be offensive, indecent, or objectionable to you. Your sole remedy is to simply stop viewing the content. Pages describing the Services are accessible worldwide but this does not mean all Services or service features are available in your country, or that user-generated content available via the Services is legal in your country. Harman may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages.
3.3 Harman may modify, update, or discontinue the Services or Application (including any of their portions or features) at any time without liability to you or anyone else. However, Harman will make reasonable efforts to notify you before making any major changes.
3.4 You may not reproduce, modify, distribute, sell, rent, lease, or create derivative works of the Services or content in any manner. You may not exploit the Services in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity. You must comply with applicable law. You may not use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party. Harman is not in any way responsible for your use of the Services.
3.5 Harman may collect and use technical data and related information, including but not
limited to, technical information about the device, system, application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the Application. Harman may use this data, as long as it does not personally identify you, to improve its products or to provide services or technologies to you.
3.6 The Application may automatically download and install updates to the Application or the Harman products related to the Application. These updates may take the form of bug fixes, new features, or new versions. You agree to receive such updates from Harman as part of your use of the Application.
4.1 Without prejudice to any other rights, Harman may terminate these terms without notice if you fail to comply with these terms.
4.2 You may terminate these terms without notice to Harman by ceasing use of and destroying all copies of the Application, including all archival copies.
4.3 Upon termination of these terms for any reason, you must immediately cease use of the Application, and destroy all copies of the Application, including all archival copies.
5. DISCLAIMER OF WARRANTIES.
5.1 The Application and Services are provided "AS-IS". To the maximum extent permitted by law, Harman disclaims all warranties express or implied, including the implied warranty of non-infringement, merchantability, and fitness for a particular purpose.
5.2 We further disclaim any warranty that (a) the Application or Services will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Application or Services will be effective, accurate, or reliable; (c) the quality of the Application or Services will meet your expectation; or that (d) any errors or defects in the Application or Services will be corrected.
6. LIMITATION OF LIABILITY.
6.1 In no event will Harman or its suppliers be liable for any special, indirect, consequential, incidental, or punitive damages, however caused, regardless of the theory of liability, or whether arising out of the use of or inability to use the Application or Services, even if Harman or its suppliers or licensors have been advised of the possibility of such damages. The limitation or exclusion does not apply to claims that cannot be excluded under applicable law.
6.2 In no event will Harman’s total liability to you for all damages (other than as may be required by applicable law) exceed $50. The limitations in this Section 6 will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
7. GENERAL PROVISIONS.
7.1 These terms are governed by and construed in accordance with the substantive laws of the state of New York, excluding its conflict of law principles. You and Harman agree to exclude the United Nations convention on contracts for the international sale of goods under these terms and any transaction that may be implemented in connection with these terms. You and Harman agree that the subject matter and personal jurisdiction are proper in the courts located in United States of America District Court for the Southern District of New York. The prevailing party in any litigation arising from these terms is entitled to recover reasonable attorneys’ fees and related expenses, in addition to any other relief granted. Your use of the Application may also be subject to other local, state, national, or international laws.
7.2 You may not assign or delegate all or any part of your rights or obligations under these terms without the prior written consent of Harman, except to a person or entity that accepts possession or title of the Product and who agrees to be bound by these terms.
7.3 Articles 4, 5, 6, and 7 will survive any termination or expiration of these terms.
7.4 Any amendment to or modification of these terms must be made in writing and signed by an authorized representative of both You and Harman. These terms are
the complete and final agreement between You and Harman with respect to the subject matter of these terms. To the extent that any terms of any Harman policies or programs for support services conflict with these terms, these terms control.
7.5 If any provision of these terms is held to be void, invalid, unenforceable or illegal, the other provisions will continue in full force and effect.
7.6 The failure of either party to enforce any rights or obligations under these terms, or to take any action against the other party in the event of any breach, shall not be considered a waiver to subsequent enforcement of rights or subsequent actions in the event of future breaches.
7.7 Questions, complaints or claims with respect to the Application may be directed to Harman at Harman International Industries, Incorporated, 400 Atlantic Street, Stamford, CT 06901.
8. Export Controls.
The Application, documentation and technology or direct products supplied by Harman under these terms ("Technology"), are subject to export controls under applicable laws and regulations. You must comply with such laws and regulations governing export, re-export, import, transfer and use of the Technology and will obtain all required U.S. and local authorizations, permits, or licenses. In particular, but without limitation, the Technology may not be exported or re-exported (a) into any embargoed countries or (b) to anyone on the U.S. Treasury Department' s list of Specially Designated Nationals or the U.S. Department of Commerce' s Denied Persons or Entity List. By using the Application, You represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Products for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear, chemical, or biological missiles or weapons. You agree to provide any other information, support documents, and assistance as may reasonably be required in connection with securing authorizations or licenses.
9. Government Users.
describes the information that Google collects during your set-up and use of Chromecast. You can modify your device's Chromecast privacy settings, such as whether it sends usage data and crash reports to Google, after you have set up your device by accessing the device settings in this application. By pressing "Accept" below,you acknowledge that you agree to the Google Terms of Service
Google Terms of Service http://www.google.com/policies/terms/
Chromecast built-in Open source licenses https://support.google.com/googlecast/answer/6121012