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END USER LICENSE AGREEMENT (Apple Devices)Notice to end-user (“You” or "User"): Your use of this application (“Licensed Application”) is governed by the legalagreement between You and COX consisting of any requirements or restrictions imposed by COX, servicespecific terms of each service used by You in connection with Your use of this Licensed Application, including,without limitation, the Terms and Conditions of Service, the Subscriber Agreement, the Acceptable Use Policy, aswell as the COX Privacy Policy (found at http://www.cox.com) and the terms of this End User License Agreement(collectively, the “License Agreement”). “COX” means CoxCom, LLC whose principal place of business is 6205BPeachtree Dunwoody Road, Atlanta, GA 30328 or the COX entity with which you have contracted for CoxHomelife Care (the “Services”) in the geographic area where the service will be provided. You will be referred to inthis License Agreement as a (“COX Residential End-User”). Carefully read these terms before downloading,installing, or using any Licensed Application on Your iPad, iPhone, iPod Touch, and/or Mac computer (each a“Device”) to the extent that COX has made the Licensed Application available on the applicable Device. ThisLicense Agreement is not with Apple. COX in its sole discretion will determine when the Licensed Application willbe available on any Device listed above, and reference to any device in this License Agreement shall notguarantee that COX will launch the Licensed Application on such device or a specific date for such launch. COXmay without notice in its sole discretion discontinue the Licensed Application on any or all Devices. You are alsosubject to the Apple App Store Terms of Service, which You also acknowledge that You have had the opportunityto review. COX may suspend Your use of the Licensed Application without notice and without liability to COX ifyou use the Licensed Programs in a manner that violates any COX terms or conditions and under certaincircumstances including, without limitation, if you are violating any applicable laws or regulations, or engaging inconduct that is harmful to COX, its vendors, third parties, or other subscribers. The Licensed Application is forpersonal, residential, non-business related use and may not be used for commercial purposes.In order to use any Licensed Application, You must first agree to this License Agreement. You agree to theLicense Agreement by either (1) clicking to agree or accept where these options are made available to You, or (2)actually using the Licensed Application, either of which shall be the effective date of this License Agreement(“Effective Date”). If You do not agree to the terms of this License Agreement, do not click “agree” and/or do notdownload, install, or use this Licensed Application. In order to use this Licensed Application, You must be 13years of age or older. If You are between 13 and 18 years of age, You must have Your parent’s or legalguardian's permission to use this Licensed Application.COX recommends backing up all of Your data files before installation of this Licensed Application and periodicallyas You continue to use the Licensed Application. COX assumes no responsibility for any deletion or failure tostore or view data on Your mobile device.IntroductionThis Licensed Application, which is made available by COX for use only by COX Residential End-Users on YourDevice, is licensed, not sold, to You. There is currently no fee for Your receipt or use of the Licensed Application,provided that You use the Licensed Application strictly as permitted by this License Agreement and anyrequirements or restrictions imposed by COX. COX reserves the right to charge for this Licensed Application inthe future. All content and/or websites including, without limitation certain social media websites, (“Content”)viewed through the Licensed Application using Your COX High Speed Internet or other Internet service may counttoward Your COX High Speed Internet or other Internet monthly data usage allowance. You acknowledge andagree that Your license to the Licensed Application is a binding agreement between You and COX. You agreethat Apple and Apple’s subsidiaries are third party beneficiaries of this End User License Agreement between Youand COX, and that Apple and Apple’s subsidiaries will have the right to enforce such License Agreement againstYou as a third party beneficiary thereof. The Content, features, and functionality offered by the LicensedApplication may differ and are subject to change without prior notice. The Licensed Application may be terminatedby COX or no longer made available for download by Apple for any or no reason.
License Grant for Individual Personal UseSubject to Your compliance with the terms of this License Agreement, including any documents and termsreferenced herein, COX hereby grants to You a limited personal, revocable, non-exclusive, non-transferablelicense to use the Licensed Application. This license is solely for Your personal use. The Licensed Applicationshould only be used in connection with Your use of the Services provided by COX and for no other purpose, andit is restricted to the COX Services to which You subscribe. The rights granted to You do not include any right toaccess, use or modify the source code of the Licensed Application, the Services, and/or the Content for anypurpose. COX also grants You a limited, personal, revocable, non-exclusive, non-transferable license to use theServices and Content provided through the Licensed Application only in the manner presented and provided byCOX. Except as expressly provided herein, COX does not grant to You any express or implied rights to COX’s orany third party's intellectual property. You may not sell, offer for sale, copy, modify, alter, create derivative worksfrom, upload, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Services orContent in whole or any part thereof in any way, unless expressly permitted to do so by COX.You are alsoprohibited from in any way commercially exploiting any of the Services or Content.PrivacyPersonal information provided by You shall be used by COX in connection with the Licensed Application forregistration, login and related purposes. Such information may be shared with COX vendors andcontent providers. For other applicable privacy terms, see our Privacy Notice cy-notice.cox, which is incorporated into this License Agreementby reference.Consent to Use of DataYou agree that COX may collect and use technical and/or performance data and related information, including butnot limited to, technical and/or performance information about Your device, system, Licensed Application, andperipherals. COX may also use data collected from the Licensed Application to make future servicerecommendations to You.Prohibited UsageYou agree to use the Licensed Application only in compliance with the terms of this License Agreement and anyapplicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You shall not(i) use, copy, modify, alter, or transfer the Licensed Application or their documentation except as expresslyprovided in this License Agreement; (ii) translate, disassemble, decompile, reverse program, reverse engineer,attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updatesor upgrades of the Licensed Application, or any part thereof (except as and only to the extent any foregoingrestriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governinguse of any open sourced components included with the Licensed Application); (iii) sublicense or lease theLicensed Application or its documentation; or (iv) use the Licensed Application on any device that You do not ownor control, or distribute or make the Licensed Application available where it could be used in a manner other thanas expressly permitted in this License Agreement. You may not use the Licensed Application on a device that hasa firmware or software configuration that has not been authorized by Apple (“jailbroken”) device. You agree thatthe Licensed Application contains, transmits and allows access to the Services and Content. You may not alter,transmit or disassemble the Services or Content in any manner in whole or in part, including, without limitation,any taking or transmitting screen captures from the Content. No portion of the Licensed Application, Services, orContent may be reproduced or transmitted in any form or by any means that is not expressly permitted herein.You shall not exploit the Licensed Application, the Services, or the Content in any unauthorized way whatsoever.Any attempt to do so is a violation of the rights of COX and this License Agreement. If You breach theserestrictions, You may be subject to prosecution and damages. COX may limit the number of users of theLicensed Application in any home and reserves the right to place additional restrictions and/or limitations on theuse of the Licensed Application, Content, and/or the Services performed or provided by the Licensed Application(“Services”) or additional requirements in order to use the Licensed Application, Content and/or Services fromtime to time. You agree that You will not export or re-export the Licensed Application or accompanyingdocumentation (or any copies thereof) in violation of any applicable laws or regulations of the United States. Youagree to comply with all applicable United States and international export laws and regulations. These lawsinclude restrictions on destinations, end users, and end use. You represent and warrant that You are notprohibited from receiving exports or services under United States or other applicable export laws. You agree to2
comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to thedownload, installation and/or use of the Licensed Application. You represent and warrant that (i) You are notlocated 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 ofprohibited or restricted parties.Third Party WebsitesThe Licensed Application may contain links to third party websites (including certain social media websites) andapplications or other separate COX applications. You understand that the links to third party websites areprovided to you as a convenience and are not under the control or ownership of COX. The inclusion of any link toa third party site or application is not (i) an endorsement by COX of the site or application, (ii) anacknowledgement of any affiliation with its operators or owners, or (iii) a warranty of any type regarding anyinformation or offer on the site or application. Your use of any such third party site or application is governed bythe various legal agreements and policies posted at that site or in the application.Special Rights for the License or Use by the U.S. GovernmentIf Licensed Application is being used by or licensed to the United States Government, the following shall apply:The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R.§2.101, consisting of "Commercial Computer Licensed Application" and "Commercial Computer LicensedApplication Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the CommercialComputer Licensed Application and Commercial Computer Licensed Application Documentation are beinglicensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as aregranted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under thecopyright laws of the United States.Intellectual PropertyThe Licensed Application contains or displays Content, proprietary information, and materials that are protectedby applicable intellectual property and other laws, including, but not limited to, United States copyright and lawand international treaty provisions. You acknowledge that no title to the intellectual property in the LicensedApplication, Services, or Content shall be transferred to You as a result of Your acceptance of this LicenseAgreement. You further acknowledge that title and full ownership rights to the Licensed Application and Contentwill remain the exclusive property of COX or its licensors, and You shall not acquire any rights to the LicensedApplication, Services, or the Content except as expressly set forth in this License Agreement. You agree that Youshall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices)which may be affixed to or contained within the Licensed Application or displayed in any Content. In the event of athird party claim that the use of the Licensed Application by You infringes a third party’s intellectual propertyrights, COX, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of anysuch intellectual property infringement claim, but only to the extent it relates to Your use of the LicensedApplication.Maintenance and SupportAs between COX and Apple, COX is solely responsible for providing any maintenance and support services withrespect to the Licensed Application that COX may offer (which, if provided, is provided at COX’s sole discretion).You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services withrespect to the Licensed Application.IndemnificationTo the maximum extent permitted by law, You agree to defend, indemnify and hold COX and its subsidiaries andaffiliates, vendors, and licensors, and each of their respective directors, officers, employees and agents, harmlessfrom and against any and all claims arising out of Your breach of this License Agreement or Your use of theLicensed Application, including any access to any social media sites, third party and/or Cox websites, or otherapplications through the Licensed Application, or Content in breach of the terms and conditions of this LicenseAgreement.3
No WarrantyYOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION AND THECONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY,PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, THE LICENSED APPLICATION, CONTENT, AND/OR ANY SERVICES ARE PROVIDED"AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COXHEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSEDAPPLICATION, CONTENT, AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY,INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OFMERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OFACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COX DOESNOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION,CONTENT, AND/OR SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED ORPROVIDED BY, THE LICENSED APPLICATION INCLUDING, WITHOUT LIMITATION THE CONTENT, WILLMEET YOUR REQUIREMENTS OR WILL CONTAIN ANY OR ALL OF THE FUNCTIONALITY FOUND IN YOURCOX HOMELIFE CARE SERVICE OR ANY OTHER COX SERVICE, THAT THE OPERATION OF THELICENSED APPLICATION, CONTENT, AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE,OR THAT DEFECTS IN THE LICENSED APPLICATION, CONTENT, AND/OR SERVICES WILL BECORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COX OR ITS AUTHORIZEDREPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION, CONTENT,AND/OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARYSERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OFIMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOTHE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.APPLE DISCLAIMERSTO THE EXTENT ANY WARRANTY REGARDING THE LICENSED APPLICATION ARISES BY LAW OR HASNOT BEEN DISCLAIMED UNDER THIS AGREEMENT, COX, AND NOT APPLE, IS SOLELY RESPONSIBLEFOR SUCH WARRANTY. IF YOU ARE A COX RESIDENTIAL END-USER, IF THE LICENSED APPLICATIONFAILS TO CONFORM TO SUCH WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THEPURCHASE PRICE (IF ANY) PAID FOR THE LICENSE TO THE LICENSED APPLICATION. TO THE MAXIMUMEXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATIONWHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION, AND ANY OTHER CLAIMS, LOSSES,LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO THEWARRANTY IS COX’S SOLE RESPONSIBILITY.COX and User acknowledge that COX, not Apple, is responsible for addressing any of Your claims or any thirdparty claims relating to the Licensed application or Your possession and/or use of the Licensed application,including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed application fails to conformto any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similarlegislation.Limitation of LiabilitiesTO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COX, ITS SUBSIDIARIES ANDAFFILIATES, AND/OR COX’S VENDORS AND LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANYINCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER,INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESSINTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATEDTO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, CONTENT AND/OR SERVICES,HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE)AND EVEN IF COX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOMEJURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OFINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no eventshall COX's total liability to You for all damages (other than as may be required by applicable law in casesinvolving personal injury) exceed the amount of fifty dollars ( 50.00). Your sole and exclusive remedies under this4
License Agreement are as expressly set forth herein. The foregoing limitations will apply even if the above statedremedy fails of its essential purpose.IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE,THEN COX’S AND ITS SUBSIDIARIES’, AFFILIATES’ AND LICENSORS’ LIABILITY SHALL BE LIMITED TOTHE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.Licensed Application UpdatesThe Licensed Application which You use may automatically download and install updates from time to time. Youagree to receive such updates (and permit the delivery of these to You) as part of Your use of the LicensedApplication. You acknowledge that in some instances, updates may reduce or remove functionality in priorversions of the Licensed Application, or may impose new fees for use of the License, and/or Services. COX willinform You when new fees apply.Content Accessed Through The Licensed Application.You acknowledge and agree that the Licensed Application will provide access to Content. COX makes norepresentations or warranties regarding such Content. You acknowledge that Content owners may requireadditional authorization or authentication to access the Content through the Licensed Application.SecurityYou are responsible for all use of the Licensed Application made by You or anyone else using Your user nameand password and for preventing unauthorized use of Your user name and password. If You believe there hasbeen any breach of security such as the disclosure, theft or
Homelife Care (the “Services”) in the geographic area where the service will be provided. . Licensed Application in any home and reserves the right to place additional restrictions and/or limitations on the . acknowledgement of any affiliation with its operators or owners, or (iii) a warranty
