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End User License Agreement (EULA)

System User Guide

263

THE SYSTEM (THE "INFORMATION") (INCLUDING BUT NOT LIMITED TO VIDEO SEGMENTS FILMED

AND/OR STORED AND OR GATHERED BY THE SYSTEM (THE "VIDEO SEGMENTS") (THE "INFORMATION"

AND THE "VIDEO SEGMENTS" COLLECTIVELY TOGETHER: THE "SYSTEM INFORMATION") IS STORED ON

THE COMPANY'S SERVERS, AND IS THE SOLE PROPERTY OF THE COMPANY, AND YOUR SERVICE PROVIDER

MAY HAVE ACCESS TO SOME OR ALL OF THE INFORMATION (EXCLUDING THE VIDEO SEGMENTS).

HOWEVER, THE COMPANY WILL NOT REVIEW OR LET OTHER PARTIES REVIEW THE VIDEO SEGMENTS,

WITHOUT YOUR PRIOR CONSENT, EXCLUDING DISCLOSURE THAT IS REQUIRED BY LAW, REGULATION OR

ORDER OF A COMPETENT AUTHORITY.

f. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY CANNOT ASSURE AND TAKES NO

RESPONSIBILITY FOR MEASURES TAKEN AND/OR NOT TAKEN BY YOUR SERVICE PROVIDER IN ORDER TO

PROTECT THE SYSTEM INFORMATION, AND IN NO CASE WILL THE COMPANY BE LIABLE FOR ANY

DAMAGE AND/OR LOSS OF ANY KIND OR NATURE INCURRED AND/OR SUFFERED BY YOU AND/OR BY

ANY THIRD PARTY IN CASE THE SYSTEM INFORMATION GATHERED AND/OR STORED BY YOUR SERVICE

PROVIDER IS EXPOSED TO THIRD PARTIES.

g. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALTHOUGH THE COMPANY WILL TAKE REASONABLE

MEASURES IN ORDER TO PROTECT THE SYSTEM INFORMATION STORED ON THE COMPANY'S SERVERS

AND PREVENT PENETRATION OF THE COMPANY'S SERVERS BY THIRD PARTIES, THERE IS A POSSIBILITY

THAT SOME OR ALL OF THE SYSTEM INFORMATION MAY, FOR WHATEVER REASON, WITHOUT THE

COMPANY'S AND/OR YOUR SERVICE PROVIDER'S CONSENT, BE EXPOSED TO THIRD PARTIES, IN WHICH

CASE THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE AND/OR LOSS OF ANY KIND OR NATURE

INCURRED AND/OR SUFFERED BY YOU AND/OR BY ANY THIRD PARTY AS A RESULT THEREOF.

Article IV – SYSTEM AND SERVICE LIMITATIONS

a. The Application is designed to integrate with your WeR@Home

™

security system which has not been

installed by Company. The WeR@Home

™

equipment transmits data via high speed Internet, cellular or radio

communication. Provided that you are current in your payments to Company, the Company will permit

access, via the Applications, to your WeR@Home

™

security system. Company shall have no responsibility for

failure of data transmission, corruption or unauthorized access.

b. You are responsible for supplying high speed Internet access at your premises where your WeR@Home

™

security system is installed. Company does not provide Internet service; maintain Internet connection,

wireless access or communication pathways, computer, smart phone, electric current connection or supply.

In consideration of Subscriber making its monthly payments for remote access to the WeR@Home

™

system,

Company will authorize your access. Company is not responsible for your access to the Internet or any

interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or

any other mode of communication used by you for the Applications and the access of the system. You

acknowledge that your WeR@Home

™

security system can be non-functional or compromised if the Internet

codes or devices used for access are lost or accessed by others and Company shall have no liability for such

third party unauthorized access. Company is not responsible for the security or privacy of any wireless

network system or router. Wireless systems can be accessed by others, and it is your responsibility to secure

access to the system with pass codes and lock outs.

c. The Application is designed to utilize your enabled cellular device to access the WeR@Home

™

system. The

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