Your Agreement to This License
You should carefully read the following terms and conditions before installing or using this software. By installing or using latest version of Eyewatch ("Eyewatch" or " Software"), you agree to all of the terms of this agreement ("License"). Please read the license terms below. If you do not agree to all of the terms of this License, then do not install or use Eyewatch.
Scope of License
Indianeye Security Private Ltd. ("ISL") grants to you a limited, non-exclusive, non-transferable, royalty-free, license to install and use one copy of the executable code of the Software on a single mobile phone for a period of 12 months only. You may not distribute, rent, lease, sell, sublicense, assign, or otherwise transfer any portion of the Software to any third party without the prior written consent of ISL. You may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software. You are encouraged to give ISL any information about the functioning of the Software, problems and improvements that you may consider useful. All reports can be used by ISL for any purpose, without your consent or any obligation, financial or otherwise, on the part of ISL to you. ISL, in its sole discretion, may elect not to support or to publicly release all or any version or features of the Software and is under no obligation to do so. All rights of any kind in Eyewatch which are not expressly granted in this License are entirely and exclusively reserved to and by ISL. Eyewatch is protected by the copyright, trademark and other intellectual property rights laws including national and international copyright treaties and other applicable laws and treaties.
Your license to use the Software will terminate the sooner of:
(a) The end of the 12 month period; or
(b) if the application is discontinued by the company Indianeye Security Limited
Warranty Disclaimers and Liability Limitations
The Eyewatch Software, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability, non-infringement or fitness for a particular purpose. ISL does not warrant, guarantee, or make any representations regarding the use or the results of the use of Eyewatch. ISL does not warrant that the operation of Eyewatch will be uninterrupted or error-free or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. You acknowledge that good data processing procedure dictates that any program, including Eyewatch, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of Eyewatch covered by this License. This disclaimer of warranty constitutes an essential part of this license.
Except to the extent expressly prohibited by applicable statutes, ISL, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, Eyewatch. Any liability of ISL, its affiliates and/or licensors will be limited exclusively to refund of the license fee paid to ISL. Except to the extent expressly prohibited by applicable statutes, in no event shall ISL, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special or punitive damages whatsoever relating to the use of Eyewatch, or to your relationship with ISL, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity or any other legal theory or cause of action, even if advised of the possibility of such damages
In addition, in no event does ISL authorize you or anyone else to use Eyewatch in applications or systems where Eyewatch's failure to perform can reasonably be expected to result in a significant physical injury, or loss of property or in loss of life. Any such use is entirely at your own risk, and you agree to hold ISL, its affiliates and licensors harmless from any and all claims or losses relating to such unauthorized use.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This License shall be governed by the laws of India,. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the New Delhi, High Court, and you consent to such jurisdiction and venue. There are no third-party beneficiaries of any promises, obligations or representations made by ISL here in. Any waiver by ISL of any violation of this License by you shall not constitute or contribute to a waiver of any other or future violation by you of the same provision, or any other provision, of this License. If any part of this License or the application thereof to any person or circumstance, is for any reason held invalid or unenforceable in law, it shall be deemed severable and the validity of the remainder of this License or the applications of such provision to other persons or circumstances shall not be affected thereby.
Any new versions of, or amendments to, this License will be published on the Eyewatch website www.eye-watch.in and shall be effective immediately / forthwith in accordance with the provisions contained herein.
Acceptance of Terms
BY CLICKING ON "I AGREE" BELOW, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF EYEWATCH VERSION LICENSE AGREEMENT AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ABIDE BY AND COMPLY WITH ALL TERMS, CONDITIONS AND NOTICES CONTAINED IN OR REFERENCED BY THIS LICENSE\, AND THAT YOU HAVE THE AUTHORITY TO DO SO. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE, CLICK ON "I DISAGREE" BELOW.
Eyewatch can, when correctly used, initiate an Emergency Response Contact data transmission "Emergency Contact data transmission" to a predefined person(s) or people. As a user it is your responsibility to purchase, a recommended mobile telephone and a mobile telephone service subscription. The mobile telephone service provider is responsible for the delivery of SMS messages, and data transmission initiated by Eyewatch. The use of Eyewatch shall not cover the mobile telephone service provider costs including, but not limited to, the subscriptions, SMS, data, phone call, GPRS charges & fees. Depending on and subject to the type of Eyewatch, Eyewatch may, in conjunction with your Emergency Contact data transmission, provide access to the following broad types of mobile telephone and internet-based services: identification of mobile telephone-based geographic position, mobile telephone-based audio recording, reproduction and / or streaming of specified mobile telephone-based photographs and video, and an Emergency Contact SMS and email containing web-accessible/internet links to any or all of the aforesaid data, which Emergency Contact SMS and email is initiated and conveyed, via your mobile telephone network, to a person or people predefined by you. The internet links serve as directions to the related pages that may be viewed on www.eye-watch.in by person(s) as pre-defined by you and by the service provider under the terms. In order to use Eyewatch, you must have or must obtain access to the World Wide Web, either directly or through devices that access World Wide Web-based content. You must also provide all equipment necessary to make such (and maintain such) connection to the World Wide Web. You further agree to use reasonable efforts to maintain and promptly update the Registration Data to keep it accurate, current and complete. You agree to comply with all applicable local, state and foreign laws, treaties, regulations, and conventions in connection with use of Eyewatch, including without limitation those related to privacy, electronic communications, and anti-spam legislation. You shall not license, rent, sell, lease, transfer, assign, distribute, display, host, outsource, disclose, or otherwise commercially exploit or make Eyewatch available to any third party other than an authorised user, including but not limited to, creating Internet Links to Eyewatch which include log-in information, including but not limited to, user names, passwords, secure cookies, and/or "mirroring" or "framing" any part of Eyewatch. You acknowledge that ISL is not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks not owned or operated by ISL or telecommunications facilities, including, but not limited to, the mobile telephone services and the Internet.
You understand that the technical processing and transmission of Electronic Communications is fundamentally necessary to your use of Eyewatch. You expressly consent to ISL's interception and storage of Electronic Communications and/or User Data, and you acknowledge and understand that Your Electronic Communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by ISL. You acknowledge and understand that changes to your Electronic Communications may occur in order to conform and adapt such data to the technical requirements of connecting networks or devices. You further acknowledge and understand that Electronic Communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. You agree that ISL is not responsible for any Electronic Communications and/or User Data which are lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by ISL. In the event ISL is unable to correct or restore Your Data as provided, your sole and exclusive remedy shall be at your option to terminate the License to this Version.
You hereby grant your consent to the processing of your geographic position arising as a result of your use of Eyewatch and initiated as a result of your Emergency Contact data transmission. The identification of your position thus generated will remain on Eyewatch and shall be accessible to the person or persons authorised by you in your list of Emergency Contacts, or listed by you, as the case may be.
DEALINGS WITH THIRD PARTY
EYEWATCH SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY CLAIMING BY OR THROUGH YOU, FOR ANY ISSUE RELATING TO THE THIRD PARTY SERVICES, LINKED SITES, OTHER SITES OR THIRD PARTY INFORMATION, INCLUDING WITHOUT LIMITATION, THE ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF SUCH THIRD PARTY SERVICES OR THE CONTINUED INTEROPERABILITY OF THE THIRD PARTY SERVICES WITH EYEWATCH. Any dealings with third parties conducted through Eyewatch, the Third Party Services, Linked Sites or Other Sites, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. ISL shall not be responsible or liable for any part of any such dealings
You shall defend, indemnify, and hold ISL harmless from any claims, damages, losses, or expenses (including without limitation attorney fees and costs) incurred by ISL in connection with all claims, suits, judgements and causes of action:
(i) for infringement of patents or other proprietary rights arising from you combining with or using any device, system or service in connection with Eyewatch or any portion thereof
(ii) for damages arising from your breach of any provision of this Agreement
(iii) for libel, slander, defamation or infringement of copyright or other proprietary right with respect to material transmitted by you using the Eyewatch
(iv) for any injury, death or property damage arising from your acts in connection with the presence, use or non-use of any portion of the Eyewatch
No remedy herein conferred upon ISL is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative. In the event of the termination of this Agreement due to a breach by you of the License, You shall pay to ISL all attorney fees, collection fees, and related expenses, expended or incurred by ISL in the enforcement of any right or privilege hereunder (including, but not limited to, telephone, freight, express and postal charges, expenses of paid investigators and reasonable compensation for time of ISL's representatives). To the extent consumer laws applicable in your jurisdiction result in an indemnity in the form above being unenforceable, then the following will apply instead:
You will pay ISL and/or its affiliates, all reasonable and foreseeable costs and liabilities which they incur as a result of:
(i) infringement of patents or other proprietary rights arising from your combining with or using any device, system or service in connection with EYEWATCH, or
(ii) Claims of libel, slander, defamation or infringement of copyright or other proprietary rights with respect to material transmitted by You using Eyewatch. The foregoing indemnity shall apply to ISL and its affiliated companies, and their respective directors, officers, employees and independent contractors.
You are responsible for all activities undertaken by you using Eyewatch, including, without limitation, setting of alerts, which transmit data, emails and SMS. All such activities are at Your own risk. You shall not use, nor permit others to use, Eyewatch in a manner or for a purpose contrary to this License. In the event that You access other networks or computing resources, You agree to abide by their respective usage policies. You are responsible for all activities that occur under Your password or account, and will keep Your password(s) confidential. You will immediately notify ISL of any unauthorized use of Your password or account or any other breach of security. You will not disrupt the functioning of the site, solicit another user's password, or otherwise act in a way that interferes with other users' use of the site. You shall not in any way distribute any computer software that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.
Eyewatch is not intended for unauthorised use by children. You expressly acknowledge that You are at least 18 years of age to subscribe, or the age of majority in Your jurisdiction, whichever is greater. In the event that You, as a legal guardian, authorize your child to use Eyewatch, You acknowledge that Your child will have permission to access Eyewatch, including without limitation, setting of alerts, which transmit data, emails and SMS, if applicable, but that You will otherwise remain responsible for Your child's use of and access to Eyewatch. You further acknowledge that, as the legal guardian, it is Your responsibility to determine whether use of Eyewatch and/or content transmitted through Eyewatch is appropriate for Your child. You are solely responsible for the selection, implementation, and performance of any and all third-party equipment, software and telecommunication equipment and services (including, without limitation, Internet email connectivity and wireless services used in connection with Eyewatch). You are responsible for ensuring that the mobile phone and computer with which You choose to operate Eyewatch meets ISL's minimum standards for interoperability including, without limitation, processing speed, memory requirements, and the use of dedicated Internet access for transmitting data while using Eyewatch. You agree that if You transfer Eyewatch without such transferee having first obtained ISL's written permission for such transfer and without such transferee agreeing to assume all of Your obligations under this License (as may be amended from time to time), You shall remain liable under this License. You will not attempt to gain unauthorized access to other accounts, computer systems or networks connected to or accessed through Eyewatch, through hacking, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available to You through Eyewatch.
As Eyewatch may be accessed globally, if You choose to use Eyewatch from locations other than the territory of India, You do so on Your own initiative and You are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to / from India or the country in which You reside. Notwithstanding the foregoing, ISL makes no representation that Eyewatch is appropriate or available for use in locations outside the territory of India. Use of Eyewatch to access data or content that are illegal to access under the laws of the territory from which Eyewatch is being accessed is prohibited under this Agreement.
Communication Facilitation Services
Eyewatch is designed to enable You to communicate with others (collectively, "Communication facilitation Services"). You agree to use the Communication Facilitation Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Facilitation Service. By way of example, and not as a limitation, You agree that when using a Communication Facilitation Service, You will not:
a. Use the Communication Facilitation Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
d. Upload, post, email, transmit or otherwise make available any material that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as software protected by intellectual property laws, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
e. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or softwares designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation, Trojan horses, worms, time bombs, cancelbots or corrupted files.
f. Post, publish, modify, transmit, reproduce, or distribute in any way, information, software or other materials or tools designed for compromising the security of the Communication Facilitation Services, ISL's servers or telecommunication services.
g. Advertise or offer to sell or buy any goods or services for any business purpose, unless the rules and policies of such Communication Facilitation Service specifically allow such messages.
h. Download any file posted by another user of a Communication Facilitation Service that You know, or reasonably should know, cannot be legally distributed in such manner.
i. Falsify or delete any email headers, author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of email, software or other material in order to disguise the origin of such email, software or material.
j. Restrict or inhibit any other user from using and enjoying the Communication Facilitation Services, or create an unusually large burden on the Communication Facilitation Services, such as by generating levels of traffic sufficient to impede others' ability to send or retrieve information.
k. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Facilitation Services.
l. Harvest or otherwise collect information about others, including e-mail addresses, without prior written authorization from such owners of such information.
m. Resell any of the Communication Facilitation Services or use the Communication Facilitation Services other than for Your own personal purposes.
Without limiting the foregoing, You agree that You will not use the Communication Facilitation Services to provide Internet access or any other feature of the Communication Facilitation Services to any third party.
a. Violate any applicable laws or regulations.
b. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity, or create a false identity to mislead others.
c. Commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts.
Except to the extent specifically prohibited by applicable law in Your jurisdiction, You will pay ISL and/or its affiliates, all reasonable and foreseeable costs and legal liabilities which they incur as a result of Your breaking any of the restrictions in the list hereinabove or Your other obligations herein.
ISL reserves the right but is not obliged to review materials posted to or sent through a Communication Facilitation Service and may remove any materials in its sole discretion.
ISL reserves the right at all times to disclose any information including personal data about You, as ISL deems necessary to satisfy any applicable law, regulation, legal process or police, security service, regulator or governmental request.
Always use caution when giving out any personally identifying information about Yourself or Your children in any Communication Facilitation Service. ISL does not control or endorse the content, messages or information found in any Communication Facilitation Service and, therefore, ISL specifically disclaims any liability with regard to the Communication Facilitation Services and any actions resulting from Your participation in any Communication Facilitation Service
Materials posted to or sent through a Communication Facilitation Service may be subject to limitations on size, usage, reproduction, dissemination or other requirements by ISL or by third parties, including without limitation the third party service provider providing You with Third Party Services. You acknowledge that such limitations may apply to Your use of the Eyewatch Subscription Service and/or the Third Party Services, and You are responsible for adhering to such limitations if You post or send such materials.
You accept all risks that may arise from the downloading, installation and use of Eyewatch on your cell phone device including, but not limited to, errors in transmission, corruption of existing data or software in the device, and/or damage to the hardware of the device. Some of the functionality of Eyewatch may be affected by differences in the firmware and hardware specifications of certain devices including, but not limited to, the Bluetooth stack, processor speed, battery performance, available internal memory. ISL is not responsible for the failure of Eyewatch or the Alert System due to these factors.
You agree that You will use Eyewatch carefully so as to avoid causing false alerts. False alerts can be caused by Your error, severe weather conditions or other forces beyond ISL's control. If ISL receives too many false alerts due to Your error, ISL may terminate the License.
ISL does not guarantee or warrant that the maps relied on to track Your exact location will be completely error-free, fault-free, or reliable at all times. You acknowledge and agree that ISL has no responsibility over the accuracy and updating of GPS maps provided by any third party map service provider and that change in the Maps may result in delay or inability in performance by ISL. Further, You acknowledge and agree that performance by ISL may be limited due to
a. Physical road characteristics such as overpasses and underpasses, bridges, elevation, sidewalks, traffic controls, and other hazards.
b. Lack of map accuracy in newly developed areas;
c. Traffic and weather conditions; or
d. Loss of alert signals due to other sources of interferences
You acknowledge that ISL does not represent or warrant that the Alert System or Eyewatch will prevent death, bodily or personal injury, or any other injury or damage to You.
You acknowledge that it is Your responsibility to obtain and maintain life, medical, disability and property insurance for Your protection and its protection of Your property.
By accepting the terms and conditions of the License, you allow Eyewatch to send SMSes and Emails, from your mobile phone and/or our server, with your emergency alert code details.
By accepting the terms and conditions of the License, you allow Eyewatch to send you relevant promotional information in the form of news, images, banners etc.