Philips Dynalite Control App -
Terms of Use

VERSION:  19 February 2019

Thank you for your interest in Philips Dynalite Control App, This Philips Dynalite Control App (“App”) is offered to you by Signify Netherlands B.V., a Dutch limited liability company, with its principal office at High Tech Campus 48,5656 AE Eindhoven, the Netherlands ("Signify"). We welcome you to use this App, there are just a few rules and restrictions you should comply with.

This App provides an interface to the Philips Dynalite system in commercial applications on PDTS (Philips Dynalite Touch Panel), a wall mounted device. Wrapped in a modern and intuitive user interface, this app allows to manage scenes, control individual channels and apply schedules.
 

We encourage you to read on; BY CLICKING THE “AGREE” BUTTON YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE ; (B) REPRESENT THAT YOU ARE OF LEGAL AGE; AND (C) ACCEPT AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE APP.
 

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 APP BY ANYONE UNDER THE AGE OF 18 IS STRICTLY PROHIBITED AND IS A VIOLATION OF THESE TERMS OF USE

Access, Activation and de-activation: As any user, you may download and access the App without registration. If during the installation of the Dynalite system a user name and password is set up then in order to have access to full functionality of the App (i.e. connect to an installed Dynalite system and use it) please use the user name and password provided to you by the installer. The user name and password are confidential and are to be used only by you. You are solely responsible for maintaining the confidentiality of your user name and password. You are also solely responsible for restricting access to your mobile device(s) on which the App is installed. You agree to accept responsibility for all activities occurring under your account, using your user name and 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 Signify 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. 

License grant: Signify grants you a non-exclusive, non-transferable, non-sub licensable, 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 Signify; (c) not use the App in any manner that could harm Signify, 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 Signify 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: Signify 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.
 

Support: For any questions and support with regards to the App, contact Philips Dynalite at support.controls@signify.com
 

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". SIGNIFY 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 SIGNIFY 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 SIGNIFY, 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; OR PERSONAL INJURY OR DEATH; 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. SIGNIFY 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 EURO FIFTY (50 €) WHICH EVER 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 Signify, 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 Signify, 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 Signify Holding 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. Signify 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 Signify intellectual property.
 

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

Miscellaneous: You will not export or re-export any part of (the content of) the App. These Terms of Use shall constitute the entire agreement between you and Signify with respect to its subject matter. Failure by Signify 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.