NEORemote App - Terms of use (“Terms”)

Thank you for your interest in the Neo Console (“Connected Product”) and its related NEORemote application (“App”)!

This App is part of the Connected Product services and is offered to you by Signify Netherlands B.V. ("Signify").

We welcome you to use this App for your personal benefit. There are just a few rules and restrictions we ask you to keep in mind!

We encourage you to read on; by using the App, you accept the Terms as mentioned below.

What this App does for you: Your lighting designer will use the App as a remote control to access your Show and Cues with many intuitive and easy to use interface features that allow you to control your Connected Product the way you would expect via an applicable mobile device.

Other things you should know about this App:

Privacy: We value your privacy. Please read our separate privacy notice published in the app store.

Usage and (de)activation:  You may only use the App if you accept and comply with these Terms and applicable laws. Any use or access to the App by anyone under the age of 13 is strictly prohibited and is a violation of these Terms. If you do not wish to use the App then you may choose to uninstall the App. As a consequence of such deactivation or deletion, you will not be able to use the App.

License:  You may use this App in connection with the Connected Product and possibly for services related with the Connected Product (for which you may need to subscribe separately, and for which additional terms may apply). You may use this App on a mobile device owned by you. This license is non- transferable, non-exclusive and without the right to sublicense and is between you and Signify, and also covers the software embedded in the Connected Product (and any updates thereto).

Third parties: It is possible that when you use this App you will (also) use a service, download a piece of software, or purchase goods that are provided by a third party. Please know that those third parties may have their own applicable rules and restrictions, separate from these Terms. You acknowledge that the services of this App rely on the availability of the infrastructure/system requirements and services of third parties (such as ISP, carrier or other), whether contracted by you or Signify.

Open Source:  The App may contain components that are subject to open-source license conditions. Use of such open source components is governed by the open source license terms which are referred to in the App. These terms of use do not apply to the open source components.

Warranties: Our goal is to provide you with a great App and a great App user experience. Do know that we are only able to provide you the App "as-is". TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIGNIFY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE APP, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.  SIGNIFY DOES NOT WARRANT THE USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. SIGNIFY DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP.  SIGNIFY HAS NO DUTY TO UPDATE OR MODIFY THE APP AND SIGNIFY IS NOT LIABLE FOR FAILURE TO DO SO.

Liability: As much faith as we have in our App, there is always the possibility that things don't work as they are supposed to. In the unfortunate event that the App would not work, or any content may be lost, please accept our sincerest apologies. We certainly understand that it is unfortunate and inconvenient. Unfortunately, to the fullest extent permitted by applicable law, we cannot accept any liability for any damages incurred as a result of your use of the App. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL SIGNIFY OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, MULTIPLE OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF SIGNIFY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, SIGNIFY SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE AT LAW AND/OR IN EQUITY.

Jurisdiction: These conditions of use shall be construed, interpreted and governed by the laws of The Netherlands, without regard to conflicts of laws principles.

Sole point of contact: For any questions, support, product claims and third-party intellectual property claims related to this App, please contact the reseller who configured the App for you, or Signify via +1 214-647-7880 or by email at entertainment.service@signify.com <mailto:entertainment.service@signify.com>.

Modification: Signify reserves the right to change or modify these Terms or any other Signify terms, conditions, or policies related to use of the App (including the Privacy Notice) at any time and at its sole discretion by posting revisions within this App. Continued use of the App following the posting of these changes or modifications will constitute your acknowledgement and agreement to such changes or modifications. 

Automatic Software Updates: Signify may update or change software for seamless services and may do so remotely without notifying you. Updates or changes are subject to these Terms.

Certain Restrictions: You agree  (a) not to use the App and the services in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (b) to use the App and the services only as intended by Signify; (c) not to use the App and the services in any manner that could harm Signify, its service providers, or any other person; (d) not to republish, reproduce, distribute, display, post or transmit any part of the App and the services, and (e) to comply with any other reasonable requirements or restrictions requested or imposed by Signify.

Suspension, Termination and Discontinuation: These Terms will remain in full force and effect for as long as you continue to access or use the App and the related services or until terminated in accordance with the provisions of these Terms. At any time, Signify may (a) suspend or terminate your rights to access or use the App or the services, or (b) terminate these Terms with respect to you if Signify in good faith believes that you have used the App or the services in violation of these Terms. Upon termination you are no longer authorized to use or access the App or services.

Signify reserves the right, at any time, to modify, suspend, or discontinue the App or the services or any part thereof with or without notice. You agree that Signify will not be liable to you or to any third party for the exercise of the aforementioned right.

Finally: You represent and warrant that (i) you are not located 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 of prohibited or restricted parties. Also, you irrevocably grant the owner of the app store or publication platform the right (who will be deemed to have accepted that right) to enforce these Terms against you as a third-party beneficiary thereof.

Have fun!