SYLVANIA Roadsight Connected

Roadsight Connected

Terms of Use for the Mobile App “Sylvania Connect”

Version: 24.02.2020

This software application “Sylvania Connect” (“Application”) for mobile devices shall be installed and used only in accordance with the following information (“User Information”). These Terms of Use govern your use of the Application offered by Sylvania.

1. Use of the Application

The Application may be used only together with Sylvania products (able to communicate via Sylvania Connect) showing the “Sylvania” logo on its original packaging (for example Sylvania DashCam Products) and suitable mobile devices such as smart phones or tablet-PC(s) procured and operated by you. In case you are not sure which and how many Sylvania Products are suitable or designated for the Application or which mobile device is suitable for the Application, please contact the closest retailer offering Sylvania Products for sale or see under www.sylvania-automotive.com/connected.

Certain components of the Application are subject to open source license terms. They are identified, together with their respective copyright notices and applicable license text, in a separate open source readme file contained herein and can be downloaded from www.sylvania-automotive.com/opensource.

2. Costs and Fees

The Application is provided to you free of charge. The Sylvania Products, however, must be purchased from retailers of your choice; they may not be purchased from Sylvania directly. You may incur additional fees from third party providers in connection with your use of the Application, e.g. internet fees for data transmission.

3. Contractual Parties

This User Information is an integral part of the terms and conditions of purchase under which you have purchased or will purchase the Sylvania Products. This information does not establish a direct contractual relationship between you and Sylvania. You may find a copy of this information also in other languages under www.osram.us/cb/terms-of-use/index.jsp.

Your rights and remedies, including any warranty rights, with respect to the Application and the Sylvania Products are exclusively governed by the applicable terms and conditions of purchase, under which you have purchased or will purchase the Sylvania Products. IN CASE OF ANY PROBLEMS, PLEASE TURN FIRST TO THE RETAILER WHERE YOU PURCHASED THE SYLVANIA PRODUCTS BEFORE CONTACTING SYLVANIA UNDER THE ADDRESSES DISPLAYED ON www.sylvania-automotive.com.

Sylvania´s use of your personal data in connection with your use of the Application is exclusively governed by the then current Sylvania Mobile App Privacy Policy “DashCam Products” which you can find in this Application or under www.sylvania-automotive.com/connected.

4. Availability and Resilience of the Application

The Application aims to deliver additional internet-based functionalities and features to the Sylvania Products with high reliability and availability. Due to the nature of the internet. the Application itself or single functionalities and features of the Application may not be available 100% of the time. For this reason, neither the Application nor the Sylvania Products are recommended for any security application and/or any commercial application that is requiring a 100% availability or resilience.

5. Application Updates

Patches, bug fixes, updates, upgrades and other modifications to keep or improve the performance of the Application (“Updates”) may be offered from time to time. These may be installed automatically without providing any additional notice or receiving any additional consent or require installment by you after you have received a respective notice. If you do not want such Updates or refuse to install such Updates, you accept less performance or refuse additional functionality. You may not rely on the provision of Updates in the future, except that patches, bug fixes will be made available during the warranty period as provided under the terms and conditions of purchase with your retailer.

6. Copyrights and Trademarks

The content displayed in or by use of the Application, including all editorial content, information texts, photographs, illustrations, artistic designs and other graphic materials, names, trademarks and logos are the property of Sylvania or third party licensors and are protected by copyright and trademark rights and other intellectual property rights. Therefore, the contents of the Application may not be changed, copied, reproduced, sold, rented, used, supplemented or utilized in any other way without the prior written permission of Sylvania.

7. Grant and Restrictions

The Application and Product Software (including updates, patches and upgrades) are licensed and not sold. Sylvania grants you a personal, revocable, non-exclusive, non-transferable, limited right to install and use the Application through your mobile device to control Products in your property, subject to these Terms of Use.

You may not, or allow others to: (a) decompile, reverse engineer, disassemble, or decrypt the Application or Products; (b) make any modification to or derivative work from the Application or Product Software; (c) violate any policies, laws or regulations governing your use of the Application; (d) remove, alter or obscure any proprietary notice of Sylvania or its licensors; (e) use the Application or Products to create a competitive or similar product or service; or (f) remove, disable, circumvent or workaround any copy protection, rights management or security features of the Application or Products.

These Terms are between you and Sylvania and not with any mobile application market, e.g. Google Play or the Apple Inc. App Store (“Mobile App Store”). Your ability to download and use the Application may depend on your compliance with the Mobile App Store’s own terms and conditions. The Mobile App Store is not responsible or liable for your use of the Application or Services.

8. Intellectual Property Rights

The Application and Product contain proprietary and confidential information that is protected by intellectual property laws and treaties. The Application and Product Software are the intellectual property of OSRAM GmbH, OSRAM SYLVANIA and their licensors, who reserve all rights not expressly granted in the Terms of Use.

Trademarks. All trademarks, logos, and service marks (“Marks”) displayed on the Application, and Products are the property of OSRAM GmbH and its licensors and are used with permission by OSRAM SYLVANIA. You are not permitted to use any of the Marks without the prior written consent of OSRAM or its licensors.

9. Limited Warranty

THE APPLICATION IS PROVIDED "AS IS” AND "AS AVAILABLE." SYLVANIA DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERUPTED, RELIABLE, SECURE, ERROR-FREE, OR COMPATIBLE WITH ANY THIRD PARTY PRODUCT OR SERVICE. SYLVANIA AND ITS SUPPLIERS AND LICENSORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE APPLICATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, SYLVANIA, ITS AFFILIATES, SUPPLIERS AND LICENSORS ARE NOT LIABLE FOR PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF THE DAMAGES WERE FORESEEABLE OR SYLVANIA WAS ADVISED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

11. Changes to this User Information

THIS USER INFORMATION MAY BE MODIFIED FROM TIME TO TIME. IN THIS CASE THE MODIFICATIONS WILL BE www.sylvania-automotive.com/connected PRIOR TO THE MODIFICATIONS BECOMING EFFECTIVE. THE MODIFIED USER INFORMATION WILL BE DISPLAYED UPON THE NEXT START OF THE APPLICATION. YOUR CONTINUED USE OF THE APPLICATION AFTER ANY SUCH MODIFICATION MEANS THAT YOU ACCEPT THE MODIFIED INFORMATION.

12. Governing Law

These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are expressly excluded. If any provision of these Terms of Use is made or found to be unenforceable, the remainder of the provisions shall continue in effect.

13. Termination

Sylvania may suspend or terminate your rights to use the Application without prior notice if it reasonably believes that you failed or intend to fail to comply with any of these provisions, or violate any applicable law, regulation, license or terms of service.

14. Changes to these Terms

Sylvania may change these Terms of Use, and will notify you of any changes by e-mail or through the Application. Your continued use of the Application following notice of any changes means you have accepted these changes.

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