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Service tag - Terms of Use

 

VERSION: 1 May 2017

Thank you for your interest in the Service tag! This Service tag (“App”) is offered to you by Philips Lighting B.V., a Dutch limited liability company, with its principal office at High Tech Campus 45, 5656 AE Eindhoven, the Netherlands ("Philips Lighting").

 

Philips Service tag is an identification system for Philips Lighting luminaires. It allows you to download Philips Lighting luminaire installation manuals, user manuals and service information; view recommended spare parts and program the LED driver. 

Applicability: Please note that your use of and interaction with this App is subject to these Terms of Use, which remain in full force and effect so long as you continue to use or access the App, or until terminated earlier in accordance with the provisions of these Terms of Use. Any use or access to the Tool by anyone under the age of 18 is strictly prohibited and is a violation of these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE APP. By clicking to accept these Term of Use, you acknowledge that you have read all of its terms, and that you understand and agree to be bound by these terms. These Terms of Use only governs the use of App and in no way affects or overrides the contract that you have with Philips Lighting or its Affiliates with regards to products or services.

 

Access, Activation and de-activation: You may download and access the App without registration, in which case you will have access to limited functionality. In order to have access to full functionality of the App please register your email address with Philips Lighting point of contact in your area.  You must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be asked to choose another one. We will send you a confirmation e-mail with your registered information. In the event that delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated. You will promptly update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your username or delete your submitted content to the App or refuse or cancel your registration if you choose a user name that, in our sole discretion, is obscene, indecent, abusive or otherwise improper. You are also solely responsible for restricting access to your mobile device(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. We may, at our own discretion, bar registration from any specific e-mail service or ISP.

 

Third Party Services and Open Source Software:  Sometimes when you use the App you may (as a result of, or through your use of the App) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms of Use do not affect your legal relationship with these other companies or individuals. If the App contains a third party software or component or an open source software or component then the use of such software or component shall be subject to the terms of use of such third party software or component or such open source software or component. Your license rights under these Terms of Use do not include any right or license to use, distribute or create derivative works of the App in any manner that would subject the App to Open Source Terms. "Open Source Terms" means the terms of any license that require as a condition of use, modification and/or distribution of a work, the making available of source code or other materials preferred for modification, and/or the granting of permission for creating derivative works, and/or the reproduction of certain notices or license terms in derivative works or accompanying documentation, and/or the granting of a royalty-free IP license to any party.

 

Amendments: These Terms of Use may be amended by Philips Lighting at any time. By continuing to access or use the App after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review these Terms of Use and related terms and conditions, if any. 

 

Affiliates: For purposes of these Terms of Use, the term "Philips" may also be construed to include affiliates of Philips (“Affiliates”), which include Philips Lighting N.V. and any and all companies, firms and legal entities with respect to which now or hereafter Philips Lighting N.V. directly or indirectly holds (i) 50% or more of the nominal value of the issued share capital; or (ii) ownership interest; and/or (iii) 50% or more of the voting power at general meetings; and/or (iv) has the power to appoint a majority of directors; and/or (v) to otherwise direct their activities and activities of such other companies, firms or legal entities as may be appointed by Philips Lighting N.V. Without limiting the generality of the foregoing, the term "Philips" or "we" shall be deemed to include Philips Lighting B.V.

 

License grant: Philips Lighting grants you a non-exclusive, non-transferable, revocable and limited license solely to access the App, to download and use the App’s software and service, and to access the content of the App (“Content”) according to these Terms of Use.

 

License Restrictions: You shall not, and you shall not permit any third party to (a) reverse engineer, decompile, or disassemble the App, except to the extent that applicable law expressly prohibits the foregoing restriction; or (b) modify or adapt the App, merge the App into another program or create derivative works based upon the App. You agree to (a) not use the App in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (b) use the App only as intended by Philips Lighting; (c) not use the App in any manner that could harm Philips Lighting, its licensors, its service providers, or any other person; (d) not republish, reproduce, distribute, display, post or transmit any part of the App, and (e) comply with any other reasonable requirements or restrictions requested or imposed by Philips Lighting at any time; (f) publish and/or post any abusive, obscene or inappropriate content on the App; (g) introduce any viruses or attempt to disable or circumvent any security settings of the App. You assume full responsibility for the legal and responsible use of the App.

 

Upgrades: Philips Lighting may, at its sole option, make upgrades to the App available after such posting or by any other means or methods. Such upgrades may be made available pursuant to the provisions of these Terms of Use or the release of such upgrades to you may be subject to your acceptance of another agreement. If you do not want such updates or upgrades, your sole remedy is to cease using the App altogether. Your continued use of the App implies deemed acceptance of such updates and upgrades by you.

 

Support: For any questions and support with regards to the App, please contact your local Philips Lighting organization which can be found at www.philips.com/servicetag

 

Disclaimer of Warranties: ALL CONTENT AND USER GENERATED CONTENT (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE". PHILIPS LIGHTING AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF ANY WEB SITE AND THE APP, THE CONTENT OR USER CONTENT. NEITHER PHILIPS LIGHTING NOR ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS WARRANTS OR MAKES ANY REPRESENTATIONS THAT (I) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP (INCLUDING ANY INFORMATION AND MATERIALS OR CONTENT ON OR IN THE APP) WILL BE CORRECT, COMPLETE, ACCURATE, RELIABLE, OR OTHERWISE MEET YOUR REQUIREMENTS.

 

Limitation of Liability: IN NO EVENT WILL PHILIPS LIGHTING, OR ANY AFFILIATES OR OWNERS OR LICENSORS OF, OR AUTHOR OR CONTRIBUTORS TO, THE SOFTWARE OR APP , BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; BUSINESS INTERRUPTION; LOSS OF CONTENT PROVIDED BY YOU OR ANY DAMAGES RELATING TO YOUR FAILURE TO KEEP YOUR ACOUNT INFORMATION OR PASSWORD SECURE) 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 THE APP OR THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. PHILIPS LIGHTING OR ITS AFFILIATES’ OR IT’S LICENSORS’ AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OF USE OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND APP OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE FEE PAID BY YOU FOR THE APP OR 50 EUROS (€50), WHICHEVER IS HIGHER.  SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Your Indemnity: You agree to indemnify and hold harmless Philips Lighting, its subsidiaries, affiliates, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other content you submit on the App or any violation of these Terms of Use by you.

 

Ownership: Copyrights and all other intellectual property rights in the App and the Content provided by Philips Lighting, its affiliates, licensors, and/or partners, the compilation of data on the App, and the order, sequence and arrangement of this App, are solely owned by Philips Lighting B.V. and / or its  Affiliates, partners or licensors. All rights are reserved. You may not use the Content and the App other than expressly permitted in these Terms of Use. Philips Lighting and its Affiliates or its licensors retain ownership of all its rights in Content and in and to the App, and except as expressly set forth herein, no other rights or licenses are granted or implied to be granted under any Philips Lighting intellectual property.

 

Termination: These Terms of Use shall terminate (i) at the discretion of Philips Lighting, due to your failure to comply with any provision of these Terms of Use; or (ii) if any fee charged by Philips Lighting for continued use is not paid in due time; or (iii) upon destruction of your installed copy of the App. Philips Lighting’s rights and your obligations shall survive the termination of these Terms of Use.

 

Jurisdiction: These Terms of Use shall be construed, interrupted and governed by the laws of the Netherlands without regard to conflicts of law provisions thereof.  Any litigation arising from or relating to these Term of Use shall be filed and prosecuted exclusively before a court of competent subject matter jurisdiction in Amsterdam, however, Philips Lighting may enforce its or its Affiliates’ intellectual property rights in any court of competent jurisdiction, including but not limited to equitable relief. You hereby consent to the jurisdiction of such courts over you and stipulate to the convenience, efficiency and fairness of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts based on the alleged inconvenience, inefficiency or unfairness of such courts. 

 

Export: You will adhere to all applicable domestic and foreign export control laws and regulations and will not export or re-export any party of (the content of) the App disclosed hereunder. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Miscellaneous: These Terms of Use shall constitute the entire agreement between the parties hereto.  In the event that you have any other agreement(s) with Philips Lighting those agreements are separate and apart from these Terms of Use and these Term of Use shall control the software licensed hereunder and your use and access to the App.   Failure by Philips Lighting to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.  If any part of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, then that determination will not affect the continued validity, legality, enforceability, and effectiveness of the remaining provisions of these Terms of Use.