End User License Agreement
Last Modified: September 9, 2021
By using the Brava Product Software, you agree to the terms of this End User License Agreement ("EULA") between you and Brava. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE BRAVA PRODUCT SOFTWARE AND YOU MAY CHOOSE TO PROMPTLY RETURN THE BRAVA PRODUCT FOR A REFUND OF THE PURCHASE PRICE BY CONTACTING BRAVA AT THE ADDRESS BELOW. Brava® is a registered trademark of Brava Home, Inc.
Capitalized terms that are not defined in this EULA have the meanings given to them in the Terms of Service.
This EULA does not govern your use of the Site, Web Apps, Mobile Apps, or other Services or your purchase of Products.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC UPDATE OF THE BRAVA PRODUCT SOFTWARE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE BRAVA PRODUCT SOFTWARE.
1. License
Subject to the terms of this EULA, Brava hereby grants to you a limited and non-exclusive license (without the right to sublicense) to execute one (1) copy of the Brava Product Software, in executable object code form only, solely on the Brava Product that you own or control and solely for use in conjunction with the Brava Product for your personal, non-commercial, household purposes.
2. Restrictions
You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Brava Product Software or make the Brava Product Software available to any third party, (b) copy or use the Brava Product Software for any purpose other than as permitted in Section 1, (c) use any portion of the Brava Product Software on any device or computer other than the Brava Product that you own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Brava Product Software, or (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Brava Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Brava and provide Brava an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Brava Product Software to any third party without prior written approval of Brava for each such release.
3. Automatic Updates
Brava may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Brava Product Software and related services ("Updates"). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to each such Update. If you do not want an Update, your remedy is to stop using the Brava Product. If you do not cease using the Brava Product, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Brava Product and the Brava Product Software and you agree to promptly install all Updates that Brava makes available. Your continued use of the Brava Product constitutes your agreement to this EULA.
4. Ownership
The Brava Product Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Brava and its licensors. Brava and its licensors reserve all rights in and to the Brava Product Software not expressly granted to you in this EULA. The Brava Product Software (and all copies thereof) is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA. All suggestions or feedback provided by you to Brava with respect to the Brava Product Software shall be Brava’s property, solely and exclusively. Brava may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Brava does not waive any rights to use similar or related ideas previously known to Brava, developed by its employees, or obtained from other sources.
5. Open Source
Certain items of software included with the Brava Product Software are subject to "open source" or "free software" licenses ("Open Source Software"). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Brava makes such Open Source Software, and Brava’s modifications to that Open Source Software, available by written request to Brava at the email or mailing address listed below.
6. Term and Termination
This EULA and the license granted hereunder are effective on the date you first use the Brava Product Software or Brava Product and shall continue for as long as you own the Brava Product, unless this EULA is terminated under this section. Brava may terminate this EULA at any time if you fail to comply with any term(s) hereof. You may terminate this EULA effective immediately upon written notice to Brava. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Brava Product Software and the Brava Product.
7. For U.S. Government End Users
You acknowledge and agree that the Brava Products and the Brava Product Software are for household. However, if the Brava Product is used by any U.S. Government End Users, then: (a) consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the Brava Product Software is provided to U.S. Government End Users only as a commercial end item and with only those rights as are granted to all other customers pursuant to the terms and conditions herein and (b) the Brava Product Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995).
8. Export Compliance
The Brava Product Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Brava Product Software and related technology, as may be required. You will indemnify and hold Brava harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section.