Software & Services
- The Jawbone Service. Jawbone is the provider of the Jawbone service (the "Jawbone Service") that enables you to update and control your Jawbone® device ("Jawbone Device").
- System and Software Requirements. Use of the Jawbone Service requires a personal computer, a Jawbone Device, Internet access and an installed and operating version of the Jawbone application software ("Jawbone Application"). Your ability to use the Jawbone Service may be affected by the performance of these items. You acknowledge and agree that all such system requirements, which may be changed from time to time, are your responsibility. Further, you agree to only use Jawbone Devices that you own or otherwise have been given permission to use whenever using the Jawbone Service. For most effective use of the Jawbone Service, high-speed Internet access is strongly recommended.
- Software. The software products made available through the Jawbone Service are licensed, not sold, to you. Two types of Jawbone software are offered through the Jawbone Service: (i) the Jawbone Application; and (ii) firmware for the Jawbone Device ("Device Firmware"). Jawbone may cause the Jawbone Application and updates to the Jawbone Application to be downloaded onto your computer through the Jawbone Service, and may also cause the most recent version of the Device Firmware not already installed onto your Jawbone Device to be downloaded onto the Jawbone Device anytime you are connected to the Jawbone Service. You consent to such downloading of the Jawbone Application and such automatic updating of your Device Firmware.
- 4.2 Restrictions. The Software contains copyrighted material, trade secrets and other proprietary intellectual property. You may not decompile, disassemble, reverse-engineer or otherwise display the Software in human-readable form. You may not modify, translate, rent, lease, distribute, lend or sell the Software, or the right to use it, to others. You may not remove any proprietary notices or labels on the Software, to the extent that you have access to such notices or labels. You agree that the terms of this paragraph apply to the Software and all portions of it, whether owned by Jawbone or Jawbone's third party licensors.
- Accounts. You may be required to establish an account ("Account") in order to use certain aspects of the Jawbone Service. You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Jawbone of any unauthorized use of your Account or any other breach of security. Jawbone is not responsible for any losses arising out of the unauthorized use of your Account. Jawbone reserves the right to terminate, disable or not provide all normal features for a particular Account if Jawbone suspects or becomess aware of any unauthorized or unpermitted use of such Account or any part of the Jawbone Service.
- Information and Privacy.
- Third Party Materials and Web Sites. Certain content and services available via the Jawbone Service may include materials from third parties. In addition, Jawbone may provide links to certain third party Web sites. Jawbone is not responsible for examining or evaluating the content or accuracy of any such third party material or Web sites. Jawbone does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or Web sites, or for any other materials, products or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third party materials in a manner that would infringe or violate the rights of any other party, and that Jawbone is not in any way responsible for any such use by you.
- Intellectual Property
- 9.3 Trademarks. All Jawbone logos and trademarks used in connection with the Jawbone Service are trademarks or registered trademarks of Jawbone in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Jawbone Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
- Compliance with Laws. The Jawbone Service is controlled and operated by Jawbone from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances and regulations that apply to your use of the Jawbone Service.
- DISCLAIMER OF WARRANTIES AND LIABILITY LIMITATIONS.
- 14.1 SERVICE INTERRUPTIONS. Jawbone DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE JAWBONE SERVICE, SOFTWARE OR JAWBONE DEVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT, FROM TIME TO TIME, Jawbone MAY REMOVE OR SUSPEND THE JAWBONE SERVICE FOR INDEFINITE PERIODS OF TIME FOR MAINTENANCE PURPOSES. FURTHER YOU ACKNOWLEDGE THAT Jawbone'S CONTINUED PROVISION OF THE JAWBONE SERVICE RELIES UPON THE GENERAL OPERATION OF THE INTERNET AND WORLD WIDE WEB AND CERTAIN FACTORS NECESSARY FOR THE CONTINUOUS OPERATION OF THE INTERNET AND WORLD WIDE WEB ARE BEYOND Jawbone'S CONTROL.
- 14.2 NO WARRANTIES FOR JAWBONE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE JAWBONE SERVICE IS AT YOUR SOLE RISK. THE JAWBONE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
- 14.3 DISCLAIMER OF CERTAIN DAMAGES. IN NO CASE SHALL Jawbone, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE JAWBONE SERVICE OR THE SOFTWARE, OR FOR ANY OTHER CLAIM THAT IS RELATED IN ANY WAY TO YOUR USE OF THE JAWBONE SERVICES OR THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR FEATURE POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JAWBONE SERVICE OR THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES AND JURISDICTIONS, Jawbone'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- 14.4 DISCLAIMER OF LOSSES AND INTRUSIONS. Jawbone DOES NOT REPRESENT OR GUARANTEE THAT THE JAWBONE SERVICE, THE SOFTWARE OR THE JAWBONE DEVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND Jawbone DISCLAIMS ANY LIABILITY RELATING THERETO.
- 14.5 INFORMATION. Jawbone WILL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE JAWBONE SERVICE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK. Jawbone HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
- Licensee Outside the U.S. If you are located outside the U.S., then you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.