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KONE Mobile application terms of use

This is an agreement between you and KONE Corporation (with its affiliates, "KONE") and the maintenance customer of KONE (the “Maintenance Customer”) which is offering you this application solely for your convenience and use in connection with your professional duties in relation to the designated elevators, escalators, automatic building doors or other equipment being maintained by KONE for the Maintenance Customer (collectively, the “Equipment”) and should not be relied upon for any other purpose (the “Agreement”). The Agreement sets forth the terms of use of the KONE Mobile Application (the “Application”) and of the collection and processing of personal data by KONE and/or the Maintenance Customer in connection with your use of the Application. You may not use the Application for any purpose other than those as expressly stated in this Agreement. Please read this Agreement carefully before using the Application. By using the Application, you agree to be bound by this Agreement and give your consent to the collection and processing of personal data from you in accordance with this Agreement. If you do not accept this Agreement, then you may not use the Application, and you shall remove the Application from any devices where you have installed the Application.

License terms

KONE hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Application for viewing and exchanging information on the maintenance related activities in relation to the Equipment where you have been authorized to do so by the Maintenance Customer and KONE and only to the extent of such authorization. The rights granted herein are subject to your compliance with this Agreement. KONE may modify the Application at any time. KONE or the Maintenance Customer may suspend or discontinue your use of the Application, in whole or in part, at any time.

User credentials

The use of the Application requires that you have valid user credentials allowing you to log into the Application (“Credentials”) granted to you by KONE, Maintenance Customer or their representatives authorized to do so. The Credentials are personal, solely for the use with your professional duties, and may not be given or disclosed to any other person.

Personal data

Personal data is collected from you if you install or use the Application. The personal data is being collected by the Maintenance Customer and KONE. If you do not approve the collection and processing of your personal data, you may not use the Application, and you shall remove the Application from any devices where you have installed the Application. Further, any personal data collected from you in connection with the KONE Care™ Online system may be processed via the Application.


The following information may be collected from you when using the Application: your name, your user id, your e-mail address, other addresses, when any information is provided to the KONE Care™ Online system, the time and date of any service request made or other information provided to the KONE Care™ Online system, as well as analytics information of when and how you have used the Application.


The purpose of collecting and processing the personal data is to enable the functioning of the Application, to analyze how the Application is being used, and to analyze and correct any possible defects in the Application. The personal data collected will not be distributed to any third party, except for sub-processors who have engaged in relevant and sufficient contractual requirements concerning personal data processing and confidentiality of personal data and may use personal data only for the above described purposes. You have a right to review the personal data collected on you and to have any incorrect data corrected. Please contact KONE should you want to do so.


Depending on the applicable local legislation, you may also be entitled to object data processing, have personal data deleted and, if you have concerns regarding KONE’s or or Maintenance Customer’s compliance with applicable data protection laws, lodge a complaint with the local data protection authority.


For more information of personal data processing, you may review the Privacy Statement provided to you in the Application.

Submissions

By submitting information or material (such as feedback, data, answers, questions, comments, suggestions, ideas, plans, orders, requests or the like) via the Application, you agree that: (i) the information is correct in all material aspects, (ii) the material will not contain any item that is unlawful, libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise unfit for publication; (iii) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; (iv) you own the material or have the unlimited right to provide it to us; and (v) you agree not to take action against KONE in relation to material that you submit, and you agree to indemnify KONE if any party takes action against KONE in relation to the material you submit.


By using the Application you acknowledge and agree that KONE or its service provider(s) may in their sole discretion send you notifications of any kind relating to the Application and/or the Equipment.

No warranty

THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. KONE OR THE MAINTENANCE CUSTOMER DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.


While KONE takes reasonable efforts to ensure that the information is correct, any information visible through the Application is indicative only and cannot not be relied upon for any reason.

Limitation of liability

YOUR USE OF THIS APPLICATION IS AT YOUR SOLE RISK AND YOU SHALL BE FULLY RESPONSIBLE FOR ANY UNAUTHORIZED USE OF THE APPLICATION AND/OR PHONE.


TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KONE OR THE MAINTENANCE CUSTOMER SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL, OR PUNITVE DAMAGES OR LOSS OF PROFIT, LOSS OF USE, LOSS OF CONTRACTS, LOSS OF BUSINESS, LOSS OF CUSTOMERS, LOSS OF GOOD WILL, OR THE CONTRACTUAL LIABILITIES OF OTHERS RESULTING FROM THE USE, NON-FUNCTIONING OR MALFUNCTION OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, INJURY OR DEATH TO PERSONS, LOSS OF PROFIT, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT KONE OR THE MAINTENANCE CUSTOMER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, KONE or the Maintenance Customer may immediately revoke your access to the Application without any compensation. KONE’s or the Maintenance Customer’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of their rights hereunder. You may not continue to use this Application in case your employment or other association with the Maintenance Customer ends or your professional duties cease to be related to the Equipment, even if your user ID continues to function with the Application.

Governing law

This Agreement will be governed by English Law where the Equipment is situated in England and by Scottish Law where the Equipment is situated in Scotland. The courts of England or Scotland, as the case may be, shall also have sole jurisdiction over any disputes between the Parties relating to the Contract.The United Nations Convention for the International Sale of Goods shall not apply.

Open source software license terms

AngularJS


The MIT License (MIT)


Copyright (c) 2010-2016 Google, Inc., http://angularjs.org


Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:


The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


jQuery


The MIT License (MIT)


Copyright jQuery Foundation and other contributors, https://jquery.org/


This software consists of voluntary contributions made by many individuals. For exact contribution history, see the revision history available at https://github.com/jquery/jquery


The following license applies to all parts of this software except as documented below:


Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:


The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


====


All files located in the node_modules and external directories are externally maintained libraries used by this software which have their own licenses; we recommend you read them, as their terms may differ from the terms above.


Materialize CSS


The MIT License (MIT)


Copyright (c) 2014-2015 Materialize, http://materializecss.com/


Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:


The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


Bootstrap


The MIT License (MIT)


Copyright (c) 2011-2016 Twitter, Inc., http://getbootstrap.com/


Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:


The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

SalesforceMobileSDK

Copyright (c) 2011, salesforce.com, inc. All rights reserved.


Redistribution and use of this software in source and binary forms, with or without modification, are permitted provided that the following conditions are met:


Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.


Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.


Neither the name of salesforce.com, inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of salesforce.com, inc.


THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.