草莓社区

1.听顿别蹿颈苍颈迟颈辞苍蝉.

(a)聽聽聽聽聽聽聽聽聽聽聽聽 聽鈥淚oT Device鈥� means any internet of things connected or connectable device.

(b)聽聽聽聽聽聽聽聽聽聽聽聽 聽鈥淭hird Party鈥� means any person or entity other than You and 草莓社区, and includes any of Your subcontractors, independent contractors, affiliates or service providers.聽

(c)聽聽聽聽聽聽聽聽聽聽聽聽 The meaning of other capitalized terms is as defined in this Agreement.

2.聽License Grant and Scope.

Subject to Your strict compliance with all terms and conditions of this Agreement, 草莓社区 hereby grants to You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, during the Term (as defined below), to use the Service as set forth in this Section 2. This license grants to You the right to:

(a)聽聽聽聽聽聽聽聽聽聽聽聽 download, install and use any software made available by 草莓社区 as part of the Service on a mobile device that You own or control, in accordance with any applicable documentation, for Your personal, non-commercial use if You are an individual consumer, or, if You are not an individual consumer, Your internal business purposes; and

(b)聽聽聽聽聽聽聽聽聽聽聽聽 view one (1) copy of any portion of the Service on any single device, solely for Your personal, non-commercial use if You are an individual consumer, or, if You are not an individual consumer, Your internal business purposes.

3.聽License Restrictions.

You shall not, directly or indirectly:

(a)聽聽聽聽聽聽聽聽聽聽聽聽 use (including make any copies of) the Service beyond the scope of the license granted under Section 2;

(b)聽聽聽聽聽聽聽聽聽聽聽聽 use the Service in connection with an IoT Device which You have sold or otherwise transferred or You have no right to control;

(c)聽聽聽聽聽聽聽聽聽聽聽聽 except as expressly enabled within the Service, provide any Third Party with access to or use of the Service;

(d)聽聽聽聽聽聽聽聽聽聽聽聽 modify, translate, adapt or otherwise create derivative works, improvements or other modifications, whether or not patentable or copyrightable, of the Service or any part thereof;

(e)聽聽聽聽聽聽聽聽聽聽聽聽 reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Service or any part thereof, unless expressly authorized by applicable law;

(f)聽聽聽聽聽聽聽聽聽聽聽聽聽聽 remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice provided on or with the Service, including any copy thereof;

(g)聽聽聽聽聽聽聽聽聽聽聽聽 copy the Service, in whole or in part;

(h)聽聽聽聽聽聽聽聽聽聽聽聽 rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Service, or any features or functionality of the Service, to any Third Party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud or other technology or service;

(i)聽聽聽聽聽聽聽聽聽聽聽聽聽聽 use the Service in violation of any Mexican Laws, rules, regulations, directives, statutes, orders, judgments, decrees, rulings, and enforceable regulatory guidance (鈥�Law鈥�) applicable to Your use pursuant to Section聽18;

(j)聽聽聽聽聽聽聽聽聽聽聽聽聽聽 use the Service for purposes of competitive analysis of the Service, the development of a competing website or app, product or service, or any other purpose that is to 草莓社区鈥檚 commercial disadvantage;

(k)聽聽聽聽聽聽聽聽聽聽聽聽 use the Service in connection with any sale, licensing or making available of 草莓社区鈥檚 competitor鈥檚 products, any copycat products or products which 草莓社区 believes, in its sole opinion, infringe, misappropriate or violate 草莓社区鈥檚 intellectual property rights;

(l)聽聽聽聽聽聽聽聽聽聽聽聽聽聽 allow any content, images, information or any other part of the Service to be made available on any other platform, whether in print or electronic form, to any Third Party, except to the extent that the Service鈥檚 functionality specifically allows this action; or

(m)聽聽聽聽聽聽聽聽聽聽 use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, 鈥渟crape,鈥� 鈥渄ata mine鈥� or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service without 草莓社区鈥檚 express prior written consent.

4.聽Third-Party Materials/Services.

(a)聽聽聽聽聽聽聽聽聽聽聽聽 You acknowledge and agree that the Service may include software, products, services, content, data or other materials that are owned by Third Parties (鈥�Third-Party Materials/Services鈥�) and that are made available to You on terms (including licenses and privacy policies) that are in addition to and/or different from those contained in this Agreement (鈥�Third-Party Terms鈥�). 草莓社区 neither controls nor endorses, nor is 草莓社区 responsible for, any Third-Party Materials/Services, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third-Party Materials/Services, or any intellectual property rights therein. Nothing in this Agreement shall be deemed to be a representation or warranty by 草莓社区 with respect to any Third-Party Materials/Services. 草莓社区 has no obligation to monitor Third-Party Materials/Services, and 草莓社区 may block or disable access to any Third-Party Materials/Services (in whole or in part) through the Service at any time. In addition, the availability of any Third-Party Materials/Services through the Service does not imply 草莓社区鈥檚 endorsement of, or 草莓社区鈥檚 affiliation with, any provider of such Third-Party Materials/Services.

(b)聽聽聽聽聽聽聽聽聽聽聽聽 You hereby agree to be bound by and shall comply with all Third-Party Terms. In particular, Your use of Google Maps is subject to the then-current Google Maps/Google Earth Additional Terms of Service at and Google Privacy Policy at . Any breach by You of any Third-Party Terms is also a breach of this Agreement. In the event Third-Party Terms expire or are terminated for any reason, 草莓社区 may immediately terminate the portion of the Service affected, including all rights and licenses to such portion of the Service, without penalty or further obligation to You, upon notice to You in accordance with Section 21 and as allowable under the FCPA.

(c)聽聽聽聽聽聽聽聽聽聽聽聽 The Service may be provided together with, or otherwise contain, certain open source software components (鈥�Open Source Components鈥�) under their respective open source license agreements (鈥�Open Source Licenses鈥�) which are acknowledged in the Service or at such other location as designated by 草莓社区 from time to time. Your acceptance to the Terms and Conditions will be requested, in each such Open Source License and if agreed, you shall comply with all such terms and conditions. With respect to each Open Source Component, to the extent there are any conflicts between any terms of this Agreement and any terms of the respective Open Source License, such conflicting terms of this Agreement will not apply.

(d)聽聽聽聽聽聽聽聽聽聽聽聽 The Service may permit You to initiate the communication, transfer and exchange of certain information between the Service and certain software, devices or systems owned and operated by Third Parties (鈥�Third-Party Assets鈥�). 草莓社区 does not exercise control over the form or quality of any data or information generated by or transmitted to the Third-Party Assets, including through APIs. Therefore, You agree to the following:

(i)聽聽聽聽聽聽聽聽聽聽聽聽聽 You accept all limitations in the display and use of all data and information imported via Third-Party Assets; and

(ii)聽聽聽聽聽聽聽聽聽聽聽 草莓社区 may restrict the volume and type of data and information transmitted to and from the Service if 草莓社区 believes that such volume or type of data or information may adversely affect performance of the Service or other equipment or systems. This restriction shall apply to all Service Users,

5. Responsibility for Use of Service.

(a)聽聽聽聽聽聽聽聽聽聽聽聽 You are responsible and liable for all uses of the Service through access provided by You, directly or indirectly. Specifically, and without limiting the generality of the foregoing, You are responsible and liable for all actions and failures to take action with respect to the Service by any person or entity to whom You may provide access to or use of the Service. You shall keep all login IDs, passwords and other access credentials pertaining to the Service confidential and secure from all unauthorized Third Parties.

(b)聽聽聽聽聽聽聽聽聽聽聽聽 The Service may include functionality that allows You to control the machines or equipment associated with the IoT Devices, including to remotely activate certain aspects of the machines or equipment associated with IoT Devices.聽 草莓社区 and its licensors, service providers, suppliers, subcontractors and distributors are not responsible for any access to or use of such functionality.聽 Any access to or use of such functionality is solely at Your own risk. The Service does not prevent performance or maintenance issues with respect to the machines or equipment associated with the IoT Devices.聽 Accordingly, You, remain exclusively responsible for the operation and maintenance of the machines or equipment associated with the IoT Devices. The Service does not provide insurance for the machines or equipment associated with the IoT Devices, is not an insurance product and does not replace regular maintenance of the machines or equipment associated with the IoT Devices.

(c)聽聽聽聽聽聽聽聽聽聽聽聽 The Service collects, transmits and processes information relating to, among other things, IoT Devices and mobile devices and their use and operation, as further detailed in 草莓社区鈥檚 Privacy Notice (See Section 7 below) or the Third Party Terms (as applicable) as such notice and terms may be updated over time (referred to together with 鈥淒evice Data鈥� as the 鈥淪ervice Information鈥�). 鈥�Device Data鈥� means the data forwarded or otherwise made available to 草莓社区 and/or its subcontractors by or on behalf of You and Your employees, agents and/or contractors, in connection with their use of the Service, and relating to Your IoT Devices and mobile devices used with the Service. By accessing or using the Service, You consent to the collection, storing, processing, use, sharing and disclosure of all Service Information, as described in 草莓社区鈥檚 Privacy Notice or the Third Party Terms (as applicable).

(d)聽聽聽聽聽聽聽聽聽聽聽聽 You understand and agree that the Service Information may be transmitted to and processed in countries that have different data protection Laws than in the country in which You are located or where You have Your principal place of business. You do not assume any obligations with respect to the Service Information, other than as expressly set forth in this Agreement or as required by applicable Law.

(e)聽聽聽聽聽聽聽聽聽聽聽聽 You hereby grant to 草莓社区 a non-exclusive, worldwide, perpetual, paid-up, right and license, including the right to grant and authorize sublicenses through multiple levels, to access, use, process, manipulate, modify, compile with other data or works and/or create derivative works of the Service Information: (i) for all of the purposes described in, and in accordance with, 草莓社区鈥檚 Privacy Notice; (ii) to otherwise perform 草莓社区鈥檚 obligations to You and provide analytics, business intelligence, operational intelligence and other services to You; and (iii) to improve 草莓社区鈥檚 products and services and provide analytics, business intelligence, operational intelligence and other services, including for 草莓社区鈥檚 other licensees in accordance with 草莓社区鈥檚 Privacy Notice.

(f)聽聽聽聽聽聽聽聽聽聽聽聽聽聽 Some features of the Service require use of various communications systems, such as telematics wireless communications carriers, satellite-based communication systems, internet service providers and other similar systems. 草莓社区 uses various technologies and processes designed to secure communications within 草莓社区-provided communications systems; 草莓社区 has no responsibility for the availability, quality or performance of communications services or equipment furnished by telecommunication carriers.

(g)聽聽聽聽聽聽聽聽聽聽聽聽 草莓社区 reserves the right to refuse to accept any Service Information that You may provide. Notwithstanding the foregoing, You acknowledge that 草莓社区 has no responsibility for the deletion or failure to store any Service Information.

6. Compliance Measures.

During the Term, 草莓社区 has the right (but not the obligation) to monitor, analyze and audit Your use of the Service to verify Your compliance with this Agreement.

7. Privacy Notice.

Without limiting the provisions of Section 5 or any applicable Third Party Terms, 草莓社区鈥檚 use of data and information collected by 草莓社区 in connection with Your use of the Service shall be subject to 草莓社区鈥檚 Privacy Notice located at /en/privacy-notice.html, as updated by 草莓社区 from time to time.

8. Maintenance and Support.

(a)聽聽聽聽聽聽聽聽聽聽聽聽 鈥�Update鈥� means any applicable update, patch, bug or error correction, or other modification of the Service or 草莓社区 IoT Device or any component thereof, through a medium that 草莓社区 may choose in its sole discretion. 鈥�Upgrade鈥� means any minor enhancement to functionality or other minor modification to the Service that is not an Update. 草莓社区 may develop Updates or Upgrades. These may be automatically installed without additional notices or consents if You have consented to automated app updates/upgrades by activating this feature on Your mobile device.

(b)聽聽聽聽聽聽聽聽聽聽聽聽 You acknowledge and agree that 草莓社区 is not required to offer or make available any maintenance, support, repair, Updates or Upgrades, or assistance with respect to the Service. If, however, 草莓社区 makes any Update or Upgrade to the Service generally publicly available to its licensees, other than on a customized basis, then 草莓社区 may, but is not obligated to, provide You with the same Update or Upgrade at no additional cost. The foregoing two sentences shall not affect any mandatory warranty rights You may have under the Law applying to you pursuant to Section聽18 in case of a non-conformity of the Service with the Agreement.聽 You acknowledge and agree that You may be required to install Updates for proper functioning and security of the Service or the 草莓社区 IoT Device and that not installing any such required Updates promptly may affect the security and YOUR use of the Service or the 草莓社区 IoT Device.

(c)聽聽聽聽聽聽聽聽聽聽聽聽 For clarity, any such Update or Upgrade made available to You hereunder will be deemed to be included within the Service and subject to the terms and conditions of this Agreement. To the extent not prohibited by applicable Laws, 草莓社区 may remotely access and program the IoT Devices, including telematics devices installed on IoT Devices, for any purpose, including by way of example, (i) to install updates and upgrades to software, firmware, or operating systems (for example, to enhance safety, security or maintain proper operation of IoT Devices); or (ii) to introduce new features, and/or change the type and frequency of data transmitted through devices (for example, to conduct remote troubleshooting and/or provide increased customer value). 聽 草莓社区 cannot guarantee that user preferences and configuration settings that have been established by You will be preserved following an update to IoT Devices, whether performed remotely or otherwise. Except to the extent prohibited by applicable Laws, 草莓社区 may perform such activities without notifying You.

9. Intellectual Property Rights.

You acknowledge and agree that the Service is provided under license, and not sold, to You, and as between You and 草莓社区, all intellectual property rights in the Service including, without limitation, copyrights, patents, and trademarks are owned by 草莓社区. You do not acquire any ownership interest in the Service under this Agreement, or any other rights thereto other than to use the same in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. 草莓社区 reserves and shall retain its entire right, title and interest in and to the Service and all copyrights, patents, trademarks and other intellectual property rights arising out of or relating to the Service (including the 鈥渓ook and feel鈥� and structure, sequence and organization of the Service), except as expressly granted to You in this Agreement. You shall safeguard the Service (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access. You shall promptly notify 草莓社区 if You become aware of any infringement of 草莓社区鈥檚 intellectual property rights in the Service, and fully cooperate with 草莓社区, at 草莓社区鈥檚 sole expense, in any legal action taken by 草莓社区 to enforce its intellectual property rights.

10. Submissions.

(a)聽聽聽聽聽聽聽聽聽聽聽聽 The Service may include functionality that enables You to make available materials (each, a 鈥�Submission鈥�) through or in connection with the Service, such as message boards and other forums, and chatting, commenting and other messaging functionality. 草莓社区 has no control over and is not responsible for any use or misuse (including any distribution) by any Third Party of any Submission. IF YOU MAKE ANY PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICE, IT IS SOLELY AT YOUR OWN RISK.

(b)聽聽聽聽聽聽聽聽聽聽聽聽 For each Submission, You hereby grant to 草莓社区 a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to You or any Third Party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).聽 You grant us the right to edit, copy, display, publish and distribute any Submission.

(c)聽聽聽聽聽聽聽聽聽聽聽聽 In addition, if You provide 草莓社区 any ideas, proposals, suggestions or other materials (鈥�Feedback鈥�), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and You hereby acknowledge and agree that such Feedback is not confidential, that the provision of such Feedback is gratuitous, unsolicited and without restriction, does not place 草莓社区 under any fiduciary or other obligation, and 草莓社区 may use such Feedback for any purpose whatsoever.

(d)聽聽聽聽聽聽聽聽聽聽聽聽 You represent and warrant that You have all rights necessary to grant the licenses granted in this Section 10, and that no Submission is incomplete or inaccurate, or fraudulent, tortious or otherwise in violation of any applicable Law or any right of any Third Party.

11. Term and Termination.

(a)聽聽聽聽聽聽聽聽聽聽聽聽 This Agreement and the license granted hereunder shall remain in effect until terminated as set forth in this Agreement (the 鈥�Term鈥�). You and 草莓社区 may terminate the Agreement with thirty (30) days鈥� notice to the other party for any reason or without a reason. In addition to the foregoing, 草莓社区 may terminate or suspend Your access to or use of the Service, in whole or in part, immediately without prior notice to You, if 草莓社区 determines that: (a) it is reasonably necessary to prevent unauthorized access to Service Information; (b) You (or Your users) fail to abide by any terms of this Agreement, or (c) Your (or Your users鈥�) use of the Service (i) poses a security risk to the Service or any Third Party, (ii) may adversely impact the Service or the systems of 草莓社区 or any Third Party, (iii) may subject 草莓社区 or any Third Party to liability, or (iv) may be prohibited by applicable Laws. If possible and reasonable for 草莓社区 under the given circumstances, we will give You a prior warning notice requiring You to stop the action in question and to remedy any consequence of the action in question and will only terminate or suspend Your access to or use of the Service if You fail to do so. Otherwise, we will subsequently notify You of the executed termination and suspension specifying the reasons within a reasonable time period considering the given circumstances of the case.聽Upon any such termination or suspension by 草莓社区, Your right to use the Service will immediately cease, and 草莓社区 may, without liability to You or any Third Party, immediately deactivate or delete Your user name, password and account and all associated materials, without any obligation to provide any further access to such materials. If You no longer desire to use the Service, You may discontinue Your use and delete the Service from Your devices.聽

(b)聽聽聽聽聽聽聽聽聽聽聽聽 If You sell or otherwise transfer an IoT Device to a new owner or You otherwise no longer have the right to control or monitor an IoT Device with the Service, Your right to use the Service with respect to that IoT Device automatically terminates and You agree to immediately remove the IoT Device from Your account on the Service. The new owner will have no right to use the IoT Device or Service under Your account and will need to register for a separate account and accept this Agreement.

(c)聽聽聽聽聽聽聽聽聽聽聽聽 Upon termination of this Agreement, the license granted hereunder shall also terminate, and You shall cease using and shall destroy all copies of materials within the Service that are in Your possession or control.

12. Warranty Disclaimer.

THE SERVICE AND ANY THIRD-PARTY MATERIALS/SERVICES (WHICH MAY INCLUDE SUBMISSIONS), ARE PROVIDED TO YOU 鈥淎S IS鈥� AND 鈥淎S AVAILABLE鈥� WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW APPLYING TO YOU PURSUANT TO SECTION聽18, PENTAIR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, PENTAIR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER APPLICATION, SYSTEM, DEVICE OR SERVICE, PROCESS OR COMPILE DATA ACCURATELY OR COMPLETELY, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. NOTWITHSTANDING YOUR ACCESS TO AND USE OF THE SERVICE AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE (WHETHER ACCURATE OR INACCURATE), INCLUDING WITH RESPECT TO THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF PRODUCTS AND SERVICES USED IN CONNECTION WITH THE SERVICE, YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISK RELATED TO THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF PRODUCTS AND SERVICES USED IN CONNECTION WITH THE SERVICE.

THE EXCLUSION OF CERTAIN WARRANTIES IS PROHIBITED IN SOME JURISDICTIONS, IN WHICH CASE SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. You may have mandatory warranty rights under the Law applying to you pursuant to Section聽18 in case of any nonconformity of the Service with the Agreement; such warranty rights shall remain unaffected by this Agreement.

13. Limitation of Liability.

(a)聽聽聽聽聽聽聽聽聽聽聽聽 Nothing in this Agreement shall have the effect of excluding or limiting 草莓社区鈥檚 legal liability under applicable Law in the event of (i) death or personal injury resulting from an act or omission of 草莓社区, (ii) fraudulent misrepresentation or fraudulent concealment of defects of products or services by 草莓社区, (iii) loss and futile expenses caused by willful intent or gross negligence of 草莓社区, (iv) a breach of a contractual guarantee as to the quality of a product or service granted by 草莓社区 or (v) other cases where liability cannot be excluded or limited by agreement between the parties in advance (such as under applicable product liability Laws). Subject to the foregoing sentence only,

-聽聽聽聽聽聽聽 草莓社区 will not be liable for Your loss and futile expenses (jointly the 鈥�Damages鈥�) caused without any negligence or willful intent of 草莓社区;

-聽聽聽聽聽聽聽 The liability of 草莓社区 for its breach of material contractual obligations with only slight negligence will be limited to those Damages foreseeable to the parties at the time of the conclusion of the agreement between You and 草莓社区 that typically arise in transactions of this kind. For this purpose, a material contractual obligation is deemed an obligation of 草莓社区, the fulfilment of which is a prerequisite for enabling the proper fulfilment of this agreement and on the fulfilment of which You may rely and do rely.

-聽聽聽聽聽聽聽 Where 草莓社区 provides the Service to You free of charge, it will not be liable for Damages caused with only slight negligence.

(b)聽聽聽聽聽聽聽聽聽聽聽聽 The above limitations to liability apply accordingly to the liability of 草莓社区鈥檚 employees, executive officers, legal representatives and vicarious agents.

(c)聽聽聽聽聽聽聽聽聽聽聽聽 In addition to the limitation of liability set out in the foregoing subsections (a) and (b), if permitted under the Law applying to you pursuant to Section聽18 and except for the cases set out in the first sentence of the foregoing subsection (a), the liability of 草莓社区, its employees, executive officers, legal representatives and vicarious agents for Damages You may suffer in connection with a the Service caused by 草莓社区 with only slight negligence shall be limited to USD 100 per damaging event.

14. Indemnification.

You agree to indemnify, defend and hold harmless 草莓社区, its subsidiaries and other affiliates, and its and their directors, officers, employees, licensors, suppliers and agents (鈥�Indemnitees鈥�), from and against any claim, demand or cause of action brought by any Third Party (except for claims, demands or causes of action caused by an act or omission of 草莓社区 or the Indemnitees) arising out of or related to: (a) access to or use of the Service by You or by any other person or entity to whom You may provide access to or use of the Service including personal injury or damage to equipment or other property; (b) any Service Information (including Device Data) and/or any other data made available to You or by You or any such other person or entity; (c) any Submission; (d) Your breach of this Agreement, including the warranties and representations provided herein; (e) Your negligence or willful misconduct; or (f) Your infringement, misappropriation or violation of any proprietary or other right of any Third Party.

15. Export Regulation.

The Service may be subject to relevant export control Laws, including the US Export Administration Act and its associated regulations. Both 草莓社区 and You will comply with all applicable export control Laws.

16.听听听听听听听听听听听 Telematics Devices.聽 Transmission of information using a telematics device (including cellular, satellite, local area networks and other similar systems) may be subject to legal requirements (including with respect to radio frequency use authorization) that may vary from location to location.聽 You agree to comply with all legal requirements relating to transmission of information using telematics devices, including limiting use of any such device to those locations where all legal requirements for the use of the device and related communications networks have been satisfied.聽 Except to the extent prohibited by applicable Laws, 草莓社区 disclaims all liability related to any failure to comply with any legal requirements relating to transmission of information using telematics devices.聽聽 If 草莓社区 discovers any such non-compliance, 草莓社区 may discontinue the transmission of information from that device.

17. Severability

If any provision of this Agreement is illegal or unenforceable under applicable Law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.

18. Governing Law.

This Agreement shall be construed and enforced in accordance with the laws of United Mexican States without regard to any choice of law or conflict of laws, regardless of where you live or any other reason.聽 All actions or proceedings arising in connection with, touching upon or relating to these Terms of Service may be submitted first to the Federal Protection Consumer Agency. In the event there is not a resolution with the FPCA, all actions shall be submitted to arbitration in Mexico City in accordance with the arbitration regulations of the International Chamber of Commerce (鈥淚CC鈥�) and a sole arbitrator appointed in accordance with said regulations. The laws of the United Mexican States will be applicable.

19.听奥补颈惫别谤.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

20.听颁辞苍蝉迟谤耻肠迟颈辞苍.

Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term 鈥渋ncluding鈥� or variations thereof in this Agreement will be construed as if followed by the phrase 鈥渨ithout limitation鈥�.

21.听狈辞迟颈肠别蝉.

You agree that 草莓社区 may contact You by any reasonable means, including via the contact information You have provided in the Service account, by e-mail or the user interface for the Service, to provide You with information and notices relating to the Service, this Agreement or for other purposes related to the subject matter of this Agreement. Notices to 草莓社区 regarding this Agreement, including its performance and termination, shall be delivered by registered or certified mail, return receipt requested, to the following address: 5500 Wayzata Blvd., Suite 900 Golden Valley Minnesota, United States 55416, Attention: General Counsel. Unless otherwise provided by applicable Laws, notices are effective (a) when delivered personally, (b) seven (7) days after having been sent by registered or certified mail, return receipt requested, postage prepaid, (c) two (2) business days after deposit with a private industry express courier, with written confirmation of receipt, or (d) for email or other electronic transmission to You, when sent. You are responsible for ensuring that the email address and contact information in Your account is accurate and current. Notices sent via email will be effective when sent regardless of whether actually received.

22.听础蝉蝉颈驳苍尘别苍迟.

You may not assign this Agreement, or any of Your rights or obligations under this Agreement, without the prior written consent of an authorized representative of 草莓社区.

23.聽Third Party Beneficiaries.

This Agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any Third Party unless expressly provided otherwise herein. Only the parties to this Agreement may enforce it.

24.听厂耻谤惫颈惫补濒.

The provisions of Sections 1 (鈥淒efinitions鈥�), 5 (鈥淩esponsibility for Use of Service鈥�), 9 (鈥淚ntellectual Property Rights鈥�), 10 (鈥淪ubmissions鈥�), 11(b) (鈥淭ermination鈥�), 12 (鈥淲arranty Disclaimer鈥�), 13 (鈥淟imitation of Liability鈥�), 14 (鈥淚ndemnification鈥�), 18 (鈥淕overning Law鈥�), this Section 24 (鈥淪urvival鈥�), and any other Section, exhibit, addenda or attachment that, by its nature, is intended to survive termination, shall survive any expiration or termination of this Agreement.

25.聽Information or Complaints.

If You have a question or complaint regarding the Service, please contact 草莓社区 at the address listed in Section 21. Please note that e-mails may not be secure, so You should not include any sensitive information in any e-mail.

26.聽Apple-Specific Terms.

In addition to Your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to Your use of any version of a mobile app included in the Service that is compatible with the iOS operating system of Apple Inc. (鈥淎pple鈥�, and any such app, the 鈥渋OS App鈥�). Apple is not a party to this Agreement and does not own and is not responsible for the iOS App. Apple is not providing any warranty for the iOS App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the iOS App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the iOS App, including any third-party product liability claims, claims that the iOS App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the iOS App, including those pertaining to intellectual property rights, must be directed to 草莓社区 in accordance with the 鈥淚nformation or Complaints鈥� section above. The license You have been granted herein is limited to a non-transferable license to use the iOS App on an Apple-branded product that runs Apple鈥檚 iOS operating system and is owned or controlled by You, or as otherwise permitted by the Usage Rules set forth in Apple鈥檚 App Store Terms of Service, except that the iOS App may also be accessed and used by other accounts associated with You via Apple鈥檚 Family Sharing or volume purchasing programs. In addition, You must comply with the terms of any third-party agreement applicable to You when using the iOS App, such as Your wireless data service agreement. Apple and Apple鈥檚 subsidiaries are third-party beneficiaries of this Agreement and, upon Your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof; notwithstanding the foregoing, 草莓社区鈥檚 right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any Third Party.

27.聽Entire Agreement.

This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter addressed herein and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein.