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Terms and Conditions of Use

Application End-User Software License Agreement, and 4Store Website Terms of Use

The following terms and conditions (this “Agreement”) between you and Control4 Corporation (“Control4”) apply to your use of Control4’s applicable website and its application catalog (known as the “4Store”), and to your download of products (each, an “Application”) through the 4Store website, and to your use of such Applications.

Before using, downloading from or otherwise accessing Control4’s 4Store website or any Application, carefully read this Agreement.

The Applications provided through the 4Store website are licensed by the provider of the application (each an “Application Provider”) to you, the original end user, solely for your personal use as set forth below. If the Application Provider also provides an End-User License Agreement (“EULA”) with the Application which you must accept, then those terms shall supplement this Agreement. As between you and the Application Provider, these terms in this Agreement shall take precedence over any additional or different terms in Application Provider’s specific EULA for the Application. Using downloading, or otherwise accessing any part of the 4Store website or any Application, indicates that you accept this Agreement. You also agree to accept this Agreement by so indicating—or clicking—at the appropriate screen, prior to the download or installation process. You must be at least the age of majority in your jurisdiction or eighteen (18) years of age, whichever is older, to use or access the app catalog.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD SO INDICATE—OR CLICK—AT THE APPROPRIATE SCREEN, AND PROMPTLY DISCONTINUE USE OF THE 4STORE WEBSITE AND THE DOWNLOAD AND INSTALLATION PROCESS.

EEA and Swiss Users. PLEASE NOTE THAT IF YOU ARE A CONSUMER IN THE EUROPEAN ECONOMIC AREA OR SWITZERLAND, THIS LICENSE AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS. FOR FURTHER INFORMATION ABOUT YOUR STATUTORY RIGHTS CONTACT YOUR LOCAL AUTHORITY, TRADING STANDARDS DEPARTMENT OR CITIZENS ADVICE BUREAU (OR LOCAL EQUIVALENT).

1. Ownership of the Application. The Application and any accompanying documentation are owned by the Application Provider and are protected under U.S. and other copyright laws, and other laws and international treaty provisions. Ownership of the Application, and all copies, modifications and merged portions thereof shall at all times remain with the Application Provider. A copy of the Application is provided to you only so you may exercise your rights in the Application pursuant to this Agreement. This Agreement does not constitute a sale of the Application or related documentation or any portion thereof; this Agreement licenses the Application to you. You do not receive any rights to any patents, copyrights, mask works, trade secrets, trademarks, information, or other intellectual property rights in, on, or to the Application or related documentation. Rights not expressly granted to you pursuant to this Agreement are reserved to Control4 and/or the Application Providers.

2. Control4’s Role in Providing Application. You agree that the license you are licensing to each Application is a binding agreement between you and the Application Provider. The Application Provider is solely responsible for that Application, the content therein, any terms, conditions and warranties to the extent that such terms, conditions and warranties have not been disclaimed, and any claims relating to that Application. You acknowledge that Control4 is acting as agent for the Application Provider in providing each Application to you and is not liable as a party to the license between you and the Application Provider. Except for Applications where Control4 is the Application Provider, Control4 is not responsible for any Application, the content therein, or any terms, conditions, warranties or claims that you or any other party may have relating to that Application. You further acknowledge and agree that Control4 is a third party beneficiary of the license to the Application, and of any additional EULA from the Application Provider, if one is provided in or with the Application. You acknowledge and agree that Control4 will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary of those agreements. You agree not to attempt, or assist or encourage any other person or entity, to circumvent, disable or modify any security technology or software that is part of the 4Store website, Application or is used on your Control4 system or Control4 Navigator enabled device. You agree that you will not engage in any activity that interferes with or disrupts the 4Store website or services available through Applications you have downloaded, possess, or use.

3. Your Responsibility for Activities at 4Store Website. The 4Store website may be accessed through the Internet and through Control4 Navigator, and is collectively referred to herein as the “4Store website”. You are entirely responsible for all activities that occur at or through the 4Store website from your computer or equipment, including any unauthorized purchases made from or through your equipment, and you agree to notify Control4 immediately of any unauthorized use of your computer or equipment or any other breach of security. Control4 is not responsible for any losses arising out of the unauthorized use of your computer or equipment. Control4 reserves the right to disable, block, suspend or otherwise limit your access to the 4Store website for unauthorized use of your computer or equipment, or if you violate the terms of this Agreement.

4. Test Applications. This and other Applications available through the 4Store website may indicate that they are a beta or other test version of the Application. YOU SHOULD BE ESPECIALLY CAUTIOUS IN INSTALLING AND USING ANY TEST APPLICATION. YOU ALONE ARE RESPONSIBLE FOR ANY DAMAGE OR LIABILITY THAT ARISES BECAUSE OF YOUR INSTALLATION AND USE OF ANY APPLICATION LABELED AS A TEST APPLICATION. The Application Provider may require or solicit your evaluation or results of using such a test Application, including through a review or feedback posted to the 4Store website.

5. License Granted to You. The Application and accompanying documentation are hereby licensed to you, which means you have the right to use the Application only in accordance with the license terms and conditions in this Agreement. Control4 grants you a limited, nonexclusive, nontransferable, non-sublicensable right (the “License”) to use one copy of the Application to be run on only one Control4 system (which system may include any number of Control4 Navigator devices). Your license authorizes you to use a single copy of the Application on a single Control4 system including a Control4 Navigator device. Download of the Application may be initiated from a Control4 Navigator device, or from your computer and downloaded to a Control4 Navigator device. Once the Application has been downloaded to your Control4 system or Navigator, it may be used on another Control4 System or Navigator only if it is first completely removed from the first one. The Application is considered in use when it is loaded into temporary memory or installed into permanent memory on your Control4 system.

6. Control4 may modify, change or terminate your use of 4Store Website and Applications. Control4 reserves the right, at its sole discretion and at any time or times, to add, remove, disable access to, block, or modify the 4Store website, and to add, remove, disable access to, block, or modify remotely any Applications previously received by you or downloaded from the 4Store website. Control4 may be required to take these actions due to changes in the obligations or restrictions from its third party licensors or partners, an Application Provider’s serious violation of its agreement with Control4, or any governmental restriction or court order. Control4 may also impose limits on your use of or access to certain features or portions of the 4Store website, or Applications, without notice or liability. If Control4 removes, disables access to, or otherwise blocks you from accessing any Application, you may need to contact Control4 for further action.

7. Term of License. This Agreement is effective from the date you receive or download the Application. This License shall remain in force so long as you remain in full compliance with this Agreement. In the event of any material breach by you of any of this Agreement the License shall automatically terminate. Control4 or the Application Provider may terminate the license on notice to you. Immediately upon expiration or termination of the License for any reason, you shall uninstall and permanently destroy the Application and all accompanying documentation, together with all copies in any form.

8. Scope of Use. You may not sublicense, lease, or lend all or part of the Application, or any of the accompanying documentation, to any other person. You may use the Application only for your own personal use if you are an individual, or for your own internal business purposes if you purchased this license for a business. You may use the Application in connection with services you provide to other persons or entities, but you may not time share, or use the Application to process data or information for any other person or entity.

9. Non-permitted Uses. Without the express written permission of Control4 and the Application Provider, you may not directly or indirectly (a) use, copy, modify, alter, display, or transfer, either electronically or otherwise, the Application or any of the accompanying documentation, except as expressly permitted in this Agreement, nor (b) translate, reverse program, disassemble, decompile or otherwise reverse engineer the Application.

10. Transfer of the Application. You may transfer your rights any Application to another person or entity, provided that the transferee accepts wholly the terms and conditions of this Agreement. Any transfer must include all updates and all accessible prior versions of the Application, and all copies of the Application must be removed from your computer (or computers) and delivered to the transferee, or permanently uninstalled and destroyed. A transferee’s use of the Application shall be conclusively deemed to indicate the transferee’s acceptance of this Agreement, and any applicable Application Provider’s supplemental EULA.

11. Export Restrictions. Certain users and uses of the Application by you may be subject to restrictions under U.S. regulations. You must comply with all U.S. domestic and international export laws and regulations that apply to the Application. These laws include restrictions on destinations, end users and end use. By installing or using any Application, you are agreeing that you will not export or re-export the Application or accompanying documentation (or any copies thereof) in violation of any applicable laws or regulations of the United States. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use of Applications. You represent and warrant that you are not prohibited from receiving exports or services under U.S. or other applicable export laws. The countries subject to restriction by action of the U.S. federal government are subject to change, and it is both Control4’s and your responsibility to comply with the U.S. government requirements as they may be amended from time to time.

12. Maintenance. So long as you do not breach this Agreement (and any supplemental EULA, if any, from the Application Provider), you may be entitled to any standard maintenance services for end users provided by the Application Provider, which terms are subject to change without notice, but the same maintenance terms will apply to all like users of the Application in your country. If you request additional maintenance services, the Application Provider or Control4 may (but shall not be obligated to) provide such services at its standard rates, plus out-of-pocket expenses. Control4, whether as an Application Provider or otherwise, has no obligation to provide any maintenance service for any Application.

13. Customer Service. For any issues or questions concerning the 4Store website, please go to www.4store.com and click on the appropriate link. Control4 does not provide support for Applications. Each Application Provider may determine what if any support it will provide for any Application. For any issues or questions concerning specific Applications, please contact the Application Provider directly.

14. Internet Connection. Access to and downloading from 4Store website requires an Internet connection. In addition, your use of certain Applications may require an Internet connection.

15. Content Accessed through Applications. You acknowledge and agree that certain Applications may provide access to products, services, Internet content or other third-party materials (together, “Third-Party Content”), and that Control4 does not control and is not responsible for such Third-Party Content. Control4 makes no representations or warranties regarding, and accepts no liability with respect to, such Third-Party Content. You further acknowledge that by accessing Applications downloaded through the 4Store website, you may be exposed to Third-Party Content that contains explicit language or is offensive, indecent or objectionable to you, and that you may not be warned about the specific Application or Third-Party Content in advance. You agree that your downloading and use of any Application will be solely at your risk, and Control4 shall have no liability to you as a result of any exposure through any Application.

16. Privacy Policy. Control4 hereby informs you of its Privacy Policy available at http://www.control4.com/legal?show=privacy-policy, which may be modified by Control4 from time to time upon written notice to you.

17. Consent to Use of Data. By your use of the Application, You agree that Control4 may collect and use information according to the terms of the Privacy Policy..

18. Reviews of Applications. Control4, in its sole discretion, may permit users to post reviews of Applications at the 4Store website. Such reviews reflect the opinions of the reviewers and not of Control4, and Control4 makes no representation or warranty, express or implied, as to the truth, accuracy or completeness of any review. You agree that Control4 has no liability to you if you rely on any review to license, download or use an Application. Control4 reserves the right to, but has no obligation to, remove reviews that Control4 deems irrelevant, unhelpful, or otherwise inappropriate for any reason. If you post a review, you hereby grant Control4 a perpetual, worldwide, fully transferable and sub-licensable, irrevocable, royalty-free license to copy, publish, use, market, sell, and reproduce the review and to create derivative works of it, and to distribute, perform, and display the review and any derivative work in any manner or media and for any purpose. You acknowledge that your personally identifiable information may be associated with your review. If you post a review, you agree not to post or transmit any material that: (a) is false or misleading; (b) is defamatory; (c) invades another’s privacy; (d) is offensive, obscene, or pornographic; (e) promotes racism, hatred, bigotry, or harm toward any individual or group; (f) infringes another’s rights, including any intellectual property right; or (g) violates, or encourages any conduct or in-action that would violate any applicable law or regulation, or would give rise to criminal or civil liability.

19. No Warranty. THE APPLICATION AND ANY SUPPORT OR UPDATES OR OTHER MAINTENANCE, IF ANY, ARE PROVIDED “AS IS” AND “WHERE IS”. NEITHER CONTROL4 NOR THE APPLICATION PROVIDER PROVIDE ANY WARRANTY FOR THE APPLICATION, NOR FOR ANY MAINTENANCE SERVICES, TRAINING, SET UP, TROUBLESHOOTING OR SUPPORT. CONTROL4 EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COMPATIBILITY. NEITHER CONTROL4 NOR THE APPLICATION PROVIDER REPRESENTS OR WARRANTS THAT ANY SUPPORT OR UPDATE OF THE APPLICATION WILL CAUSE THE APPLICATION TO BE ERROR-FREE OR TO OPERATE CONTINUOUSLY, ECONOMICALLY, EFFICIENTLY, OPTIMALLY, OR WITHOUT INTERRUPTION.

20. Disclaimer. CONTROL4 AND THE APPLICATION PROVIDER DISCLAIM LIABILITY AND RESPONSIBILITY OF ANY KIND FOR DEFECTS, ERRORS, OR OTHER MALFUNCTIONS THAT ARE ATTRIBUTABLE IN WHOLE OR IN PART TO ANY EQUIPMENT OR HARDWARE THAT IS NOT PRODUCED OR SOLD BY CONTROL4, INCLUDING BUT NOT LIMITED TO ANY INCOMPATIBILITY OF OR WITH ANY SOFTWARE OR APPLICATION FOR WHICH CONTROL4 IS NOT THE DEVELOPER.

21. Limitation of Liability. NEITHER CONTROL4 NOR THE APPLICATION PROVIDER SHALL IN ANY EVENT BE LIABLE FOR ANY MONEY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, MALPRACTICE, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS. IN NO EVENT SHALL CONTROL4'S LIABILITY RELATED TO THE APPLICATION EXCEED ONE DOLLAR ($1.00). Without limiting the generality of the foregoing, neither Control4 nor the Application Provider shall be liable for losses arising out of any business interruption, any loss of business profits, or loss of business information caused by or in any way related to the use of, or inability to use, the Application or the 4Store website, even if Control4 has been advised of the possibility of such losses. Because some states or jurisdictions do not allow the exclusion or limitation of liability for incidental or other damages, some parts of the above limitation may not apply to you.

22. Exclusive Remedy. For any breach of this Agreement by Control4, Control4’s entire liability, and your exclusive remedy, shall be the repair, replacement or return of any Application at Control4’s option.

23. Relationship. Nothing in this Agreement shall constitute a partnership, joint venture, franchise, or employment relationship between you and Control4.

24. Control4 has the Right to Modify this Agreement. Control4 reserves the right to modify this Agreement in its sole discretion at any time or times. Any such modification will be effective upon Control4 notifying you prior to your continued use or access of the 4Store website, or in some other reasonable way. Your continued use of the 4Store website after any such notice will constitute your binding acceptance of the Agreement as modified.

25. Waiver. No waiver shall be effective against Control4 unless it is in writing and signed by a duly authorized officer of the party against whom enforcement is sought.

26. Assignment. Except as specifically provided herein, this Agreement may not be assigned by you. Control4 may assign this Agreement without notice to you at any time.

27. U.S. Government Restricted Rights. If you are acquiring the Application on behalf of, or for use by, any unit or agency of the United States Government, the following provision applies: The Application licensed under this Agreement is “commercial computer software” as the term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 48 C.F.R. 12.211 (Technical Data) of the Federal Acquisition Regulations (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation be subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement and its successors.

28. Governing Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws provisions. Each of the parties consents to the exclusive jurisdiction and venue of the federal courts located in the Salt Lake County, State of Utah, for all matters relating to this Agreement, and agrees that all litigation relating to this Agreement shall take place in said courts and location. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded from this Agreement and from any transaction that may be implemented in connection with this Agreement.

29. Interpretation. The headings in this Agreement are for convenience of reference only and shall not affect the interpretation of this Agreement. Whenever the context reasonably permits, the singular shall include the plural, the plural shall include the singular, and the whole shall include any part thereof.

30. English Language. This Agreement is written in, and shall be governed by, the English language notwithstanding any translation of this Agreement into any other language. In the event of any conflict between the English language version of the Agreement and any translation of this Agreement into any other language, the English language version shall control.

31. Severability. If any provision of this Agreement is invalid or unenforceable under applicable law as it shall then be enforced, then such provision shall be limited, narrowed, construed and altered to the extent necessary to render the Agreement valid and enforceable, but only to the extent necessary to achieve that end. If necessary, the invalid or unenforceable provision shall be eliminated from this Agreement. The remaining provisions of this Agreement shall remain in full force and effect.

32. Entire Agreement. This Agreement constitutes the entire understanding and agreement between you and Control4 pertaining to the subject matter of this Agreement, and supersedes any and all written or oral agreements previously existing between the parties (including any Application Provider) with respect to such subject matter.

(Rev. 3/15)