READ THE TERMS OF THIS LICENSE AGREEMENT AND LIMITED WARRANTY ("AGREEMENT") GOVERNING THE USE OF THE SOFTWARE AND RELATED FIRMWARE AND DOCUMENTATION (COLLECTIVELY, THE “SOFTWARE”) PROVIDED TO YOU BY AURALIC LIMITED (“AURALiC”) CAREFULLY BEFORE USING THE APPLICABLE AURALIC PRODUCT (SUCH HARDWARE, TOGETHER WITH THE SOFTWARE, REFERRED TO AS THE “PRODUCT”).
BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND SELECTING THE "Agree" BUTTON AT THE END OF THIS AGREEMENT, YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18, (2) REPRESENTING THAT YOU HAVE THE RIGHT AND AUTHORITY TO LEGALLY BIND YOURSELF OR YOUR COMPANY, AS APPLICABLE, AND (3) CONSENTING TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS OR CANNOT MAKE SUCH REPRESENTATIONS, DO NOT USE THE PRODUCT. IF YOU ELECT NOT TO ACCEPT THE TERMS OF THIS AGREEMENT, YOU MAY RETURN THE PRODUCT WITHIN RETURN PERIOD TO THE RETAIL LOCATION WHERE YOU PURCHASED IT, WITH ALL ORIGINAL PACKAGING FOR A FULL REFUND.
IMPORTANT – PLEASE READ THE TERMS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE START USING YOUR LIGHTNING DEVICE. BY USING LIGHTNING DEVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE PRODUCT. YOU MAY RETURN THE PRODUCT WITHIN RETURN PERIOD TO THE RETAIL LOCATION WHERE YOU PURCHASED IT, WITH ALL ORIGINAL PACKAGING FOR A FULL REFUND.
1. GRANT OF LICENSE
AURALIC LIMITED (“AURALiC”), a division of AURALIC Holdings Inc., furnishes this AURALiC Software [defined to include the software embedded in your Lightning device product (as updated from time to time) and accompanying documentation, and licenses their use to you as provided in this Agreement.
(a) Subject to the terms and conditions of this Agreement, AURALiC grants to You a non-exclusive, non-transferable, personal royalty-free limited license (without the right to sub-license) to (i) use the Software as embedded in the Product for the purpose of operating the Product, and (ii) use the application portion(s) of the Software on any personal devices owned or controlled by You during the Term. Except as provided above, You may not transfer the Software to any other computing device or otherwise remove the Software from the Product. Notwithstanding any license granted herein by AURALiC, You acknowledge and agree that it is Your sole responsibility to comply with your local and international copyright laws with respect to Your use of the Software.
(b) You agree not to copy, modify, reverse engineer, decompile or disassemble the Product to the extent that such restriction is not prohibited by law. Except for the limited license granted herein, AURALiC and its suppliers hereby retain all right, title and interest in and to all worldwide intellectual property rights embodied in the Software. All other rights are reserved by AURALiC. You acknowledge and agree that the technology embedded in and used to create the Product constitute the valuable trade secrets and know-how of AURALiC, and to the extent you discover any such trade secrets, You will not disclose them to any third party.
(c) AURALiC shall have no obligation to provide any updates or upgrades to the Product, but in the event that it does, such updates, upgrades and any documentation shall be deemed the “Product”, and shall be subject to the terms and conditions of this Agreement. The updates, upgrades and documents metioned above may be installed on the Product automatically through online update without advanced notification to You.
You may terminate this Agreement at any time by notifying AURALiC, discontinuing use of the Product and purging the Software from Your computing device. Your rights under this Agreement will terminate automatically or otherwise cease to be effective, without notice from AURALiC, if you fail to comply with any terms of this Agreement. In addition, upon termination you will have no recourse against AURALiC for your inability to use the program or accompanying documentation.
3. COMPLIANCE WITH COPYRIGHT LAWS
You acknowledge that AURALiC owns all right, title and interest, in all copyrights, trade secrets, and intellectual property related to your AURALiC product, the AURALiC Software and accompanying documentation. AURAliC complies with Chinese and international copyright laws and in consideration of the license granted herein, you agree to do the same.
You acknowledge that unauthorized copying or distribution of music or other content accessed using the Product (“Content”) is prohibited by such copyright laws, and You agree that You will not, directly or indirectly, copy or distribute any Content without the express written authorization of the copyright holder. You agree to indemnify and hold harmless AURALiC and its licensors from and against any and all claims, suits, losses, damages, liabilities, costs and expenses incurred by AURALiC or its licensors arising out of or related to Your failure to comply with the terms of this Section 3.
4. THIRD PARTY CONTENT AND TECHNOLOGIES
From time to time, AURALiC may provide access to third party content providers via the Product. In addition, AURALiC may support certain third party technologies, such as specific file formats or codecs. AURALiC reserves the right to discontinue access to and/or support for such third party content or technologies at any time, and for any reason. AURALiC makes no representations or warranties whatsoever regarding the selection of, or continuing support for, any such third party content or technologies.
Access to services provided by third parties requires Internet access and may require you to accept additional terms. You agree that AURALiC is not responsible for evaluating or examining any such third party services, technologies or related materials and that AURALiC will not have any liability to you, related to such services, technologies or related materials.
Last updated: 20 May, 2018
IMPORTANT: BY USING YOUR AURALiC LIGHTNING DEVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE AURALIC ONE (1) YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.
DO NOT USE YOUR LIGHTNING DEVICE UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT, YOU MAY RETURN THE PRODUCT WITHIN RETURN PERIOD TO THE RETAIL LOCATION WHERE YOU PURCHASED IT, WITH ALL ORIGINAL PACKAGING FOR A FULL REFUND.
AURALiC One (1) Year Limited Warranty
For AURALiC Branded Hardware Product Only
1. HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, AURALIC DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
2. WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AURALIC DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, AURALIC LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT AURALIC'S OPTION, THE REPAIR OR REPLACEMENT SERVICES. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
3. WHAT IS COVERED BY THIS WARRANTY?
AURALiC warrants the AURALiC-branded hardware product and accessories contained in the original packaging (“AURALiC Product”) against defects in materials and workmanship when used normally in accordance with AURALiC's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"). AURALiC’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
4. WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not apply to any non-AURALiC branded hardware products or any software, even if packaged or sold with AURALiC hardware. Manufacturers, suppliers, or publishers, other than AURALiC, may provide their own warranties to you – please contact them for further information. Software distributed by AURALiC with or without the AURALiC brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. AURALiC does not warrant that the operation of the AURALiC Product will be uninterrupted or error-free. AURALiC is not responsible for damage arising from failure to follow instructions relating to the AURALiC Product’s use.
This Warranty does not apply: (a) to consumable parts, such as protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the AURALiC Product outside AURALiC’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of AURALiC or an AURALiC Authorized Service Provider; (g) to an AURALiC Product that has been modified to alter functionality or capability without the written permission of AURALiC; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the AURALiC Product, or (i) if any serial number has been removed or defaced from the AURALiC Product.
5. IMPORTANT RESTRICTION FOR PRODUCT SERVICE.
AURALiC may restrict warranty service for product to the country where AURALiC or its Authorized Distributors originally sold the device.
6. YOUR RESPONSIBILITIES
Before receiving warranty service, AURALiC or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow AURALiC's procedures for obtaining warranty service.
Following warranty service your AURALiC Product or a replacement device will be returned to you as your AURALiC Product was configured when originally purchased, subject to applicable updates. AURALiC may install system software updates as part of warranty service that will prevent the AURALiC Product from reverting to an earlier version of the system software.
Important: Do not open the AURALiC Product. Opening the AURALiC Product may cause damage that is not covered by this Warranty. Only AURALiC should perform service on this AURALiC Product.
7. WHAT WILL AURALIC DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a valid claim to AURALiC, AURALiC will, at its option, (i) repair the AURALiC Product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the AURALiC Product with a device that is at least functionally equivalent to the AURALiC Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (iii) exchange the AURALiC Product for a refund of your purchase price.
AURALiC may request that you replace certain user-installable parts or AURALiC Products. A replacement part or AURALiC Product, including a user-installable part that has been installed in accordance with instructions provided by AURALiC, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When an AURALiC Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes AURALiC's property.
8. HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the AURALiC Product is still not functioning properly after making use of these resources, please contact an AURALiC representative.
Online information with details on obtaining warranty service is provided below.
9. WARRANTY SERVICE OPTIONS
AURALiC will provide warranty service through one or more of the following options:
(i) Carry-in service. You may return your AURALiC Product to an AURALiC Service Center (“ASC”) offering carry-in service. Service will be performed at the location, or ASC may send your AURALiC Product to an AURALiC warehouse location to be replaced. Once you are notified that service is complete, you will promptly retrieve the AURALiC Product from the ASC location, or the AURALiC Product will be sent directly to your location from the warehouse location.
(ii) Mail-in service. If AURALiC determines that your AURALiC Product is eligible for mail-in service, AURALiC will send you prepaid waybills and if applicable, packaging material, so that you may ship your AURALiC Product to an ASC or warehouse location in accordance with AURALiC’s instructions. Once service is complete, the ASC or warehouse location will return the AURALiC Product to you. AURALiC will pay for shipping to and from your location if all instructions are followed.
10. LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, AURALIC IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE AURALIC PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE AURALIC PRODUCT.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. AURALIC DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY AURALIC DEVICE UNDER THIS WARRANTY OR REPLACE THE AURALIC PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE AURALIC PRODUCT.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No AURALiC reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the AURALiC Product purchase took place. AURALiC or its successor in title is the warrantor under this Warranty.
Last updated: 20 May, 2018
Otherwise, we will consider your continued use to be acceptance of the change.
2. INFORMATION COLLECTION AND USAGE
AURALiC collects different kinds of information through the Web Site and the Service, and uses this information in different ways.
Non-Personally Identifiable Information. When you visit the Web Site we collect certain demographic information (such as your IP address, type of Internet browser and operating system you use, pages viewed, the URL that you visited before you came to our Web Site, and the URL to which you next go) in order to understand how users navigate through the Web Site and to improve your experience using the Web Site.
When you use our Service, we collect certain demographic information (such as the date and time when you use AURALiC streaming product) in order to understand usage patterns and to improve your experience using our Service.
We use the User Information in order to process the application, to provide the Service to the customer and users and to otherwise communicate with you as a customer or user regarding the Service. Please keep in mind that we reserve the right to send you certain communications relating to your use of the Service, such as service announcements, notices about new features or information on the Service, administrative messages and communications regarding your account, without offering you the opportunity to opt out of receiving them.
We also may use the User Information to provide advertisements from AURALiC or its partners to you, but you will have the opportunity to opt-out of these communications.
From time to time, you may receive offers through AURALiC from other businesses. These offers may require you to provide information to them if you choose to accept their offers. You should remember that these offers are made by the businesses themselves and not by AURALiC. You should always be sure to read the terms of service and privacy policies of these businesses before providing any information to them so that you can understand their intended uses for your information. AURALiC may receive information from these regarding your response to their offers so that AURALiC may better tailor your user experience.
From time to time, we may also collect information via online surveys or polls. Participation in these surveys or polls is entirely voluntary and you may easily decline to participate.
Aggregated Information. AURALiC may also analyze and compile information on patterns of usage of the Service. This information is collected in aggregate form, without identifying any user individually. We may use this information to improve the Service and provide this information to third parties for marketing purposes.
Children’s Privacy. The Web Site and the Service are intended for adult users, and AURALiC does not knowingly collect personal information from anyone under 17 years of age.
3. INFORMATION SHARING
We generally do not share with any third party User Information in a way that would personally identify you. However, we may do so in the following circumstances:
(a) as part of a merger, acquisition or any form of sale of some or all of AURALiC assets or business,
(b) to our service providers and other contractors for the purposes of providing Service to us (such contractors are prohibited from using User Information for any other purpose),
(c) for bill collection;
(d) to resolve customer disputes or inquiries;
(e) in the unlikely event of insolvency, bankruptcy or receivership in which your personal information would be transferred as one of AURALiC’s business assets; and
(f) where we are legally obligated to disclose information to the government or third parties for the purposes of national security, law enforcement or other issues of public importance.
We may aggregate information and data about you and your use of the Web Site and Service and provide such aggregated information and data to advertisers and for marketing or promotional purposes. In these circumstances, we do not disclose information that could be used to personally identify you.
AURALiC is potentially liable for onward transfers to third parties of personal data of citizens and residents of the European Union or Switzerland received pursuant to Privacy Shield.
Access by AURALiC, its distributors, or authorized third parties, or their respective employees and consultants to any personal information you provide is limited to only information necessary to provide the business service offered and to allow employees or consultants to perform their duties.
4. SECURITY MEASURES
To help protect the privacy of the data you transmit through the Web Site or Service, AURALiC uses industry-standard; secure server software that encrypts the information you input before it is sent to us. In addition, AURALiC uses standard industry practice to protect User Information against unauthorized access. However, you should keep in mind that the Web Site and Service are run on software, hardware and networks, any component of which may from time to time require maintenance or experience problems or breaches of security beyond our control and for which we are not responsible.
5. LINKS TO THIRD-PARTY WEBSITES
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user’s own risk and AURALiC is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. AURALiC provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
6. ACCESSING YOUR USER INFORMATION
We will try to update your User Information as we become aware of changes. However, we will be able to serve you best if you update your User Information or notify us of any may submit a written request for changes to (or errors in) your User Information by contacting AURALiC Customer Service at the addressed below. You can update your User Information through the Web Site, Lightning DS or if you are unable to access that information for any reason, you listed below. In order for us to serve you best, please provide your name, phone number, mailing address, and e-mail address when contacting us.
7. CONSENT TO PROCESSING
AURALiC is a global company which operates its Website and Service through servers located in a number of countries. If you select a country in Europe as your country of residence, your personal data is hosted on servers within the European Union.
We will need to access or view your personal data, (including your name, full address, email address, telephone number, security question and information about your streaming device), via a secure network from the United States in order for AURALiC to provide you with our support services or to troubleshoot any issues to improve our support services. In order to develop and improve our products and services for users, and to provide statistical information to third parties including, but not limited to, government bodies, utilities and auto manufacturers. AURALiC will transfer certain data back to the United States (including date and time when you use your streaming device). We may also need to access information via a secure network from the United States for financial accounting purposes. By registering for an account and submitting your personal data you consent to the transfer, processing and/or storing of your personal data on servers located in the United States, and acknowledge that the level of data protection in the United States is not necessarily equivalent to the level of data protection within the European Union and the European Economic Area. We will take necessary steps to ensure that your personal data is treated securely and in accordance with this Policy.
8. GOVERNING LAW
9. EU-U.S. PRIVACY SHIELD AND SWISS-U.S. PRIVACY SHIELD
AURALiC complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, AURALiC is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, AURALiC may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-US and Swiss-US Privacy Shield Principles, AURALiC commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this Policy should first contact AURALiC's Privacy Administrator at:
Privacy Administrator, 7990 SW Cirrus Dr, Beaverton, OR 97008, United States
AURALiC has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint. The services of JAMS are provided at no cost to you. Citizens and residents of the European Union or Switzerland also have the possibility, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. For additional information go to https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Finally, as a last resort and under limited circumstances, EU and Swiss individuals with residual privacy complaints may invoke a binding arbitration option before the Privacy Shield Panel.
10. CONTACT US
You can contact us by email at firstname.lastname@example.org or write to us at: AURALiC North America Inc., Attn: Customer Service, 7990 SW Cirrus Dr, Beaverton, OR 97008, United States.
Last updated: 20 May, 2018