LukWerks™ Terms of Use

IMPORTANT - READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR INSTALLING WILIFE’S PRODUCTS.

ACCEPTANCE OF TERMS OF USE

The services that WiLife, Inc. (“WiLife”), provides to you, including information on our Web Site are subject to the following Terms of Use. WiLife reserves the right to update the Terms of Use at any time and without providing notice. The most current version of the Terms of Use can be reviewed at http://www.wilife.com/Legal/termsofuse.aspx.

PRIVACY POLICY

Our goal is to protect your information on the Internet. View the most current version of our Privacy Policy at http://www.wilife.com/Legal/Privacy.aspx for details. WiLife reserves the right to update the Privacy Policy at any time and without providing notice.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.

As an accommodation to Licensee, WiLife may provide opportunities for our users to download Limited Production Programs (which may be labeled "Alpha" or "Beta"). These products are provided on an "as-is" basis without warranty of any kind, and are not covered by the Warranties set forth in WiLife product warranties, software licenses or service agreements.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REDISTRIBUTION OR USE BY OTHER PARTIES IS PROHIBITED, UNLESS EXPRESSLY PERMITTED BY THE AGREEMENT ACCOMPANYING THE PRODUCTS OR SOFTWARE.

SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, WILIFE DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer WiLife, Inc. 132 East 13065 South, Suite 200, Draper, UT, U.S.A. Tel: 801.316.4700.

USER ACCOUNTS AND PASSWORDS

Some WiLife Services, including all Remote Viewing services, require you to open a WiLife user account. To do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will select a user name and password. You are responsible for maintaining the confidentiality of your password and account and for all usage of your account. You agree to notify WiLife immediately if you become aware of any unauthorized use of your account or any breach of security. WiLife will not be liable for any loss that you may incur as a result of someone else using your password or account, with or without your knowledge. You may not use another WiLife user’s account without the permission of that user.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of WiLife Services, including the Remove Viewing services, you agree not to use any services for any purpose that is (i) prohibited under these terms of use; (ii) unlawful or tortious under applicable federal, state or local laws and regulations, or (iii) inconsistent with applicable community standards . You may not use the Services in any manner that could damage, disable, overburden, or impair any WiLife server or network, or interfere with any other party's use of WiLife services. You may not attempt to gain unauthorized access to any WiLife server, network, or services through hacking, password capture or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

WiLife has no obligation to monitor your use of any services. However, WiLife reserves the right to review materials routed through any WiLife server or network and to remove any materials in its sole discretion.

REMOTE VIEWING SUBSCRIPTION TERMS AND CONDITIONS

Use of the Remote Viewing services provided by WiLife is subject to the following Terms and Conditions that constitute a legally binding agreement ("Agreement") between the subscriber ("Subscriber") and WiLife, Inc. These are the only terms and conditions that govern WiLife's obligations to Subscriber and Subscriber’s rights, with respect to the Remote Viewing Services (“Services”) provided in conjunction with the WiLife products (“Products”), as indicated on the on-line Order Form. These Terms and Conditions apply to Standard Remote Viewing services provided free of charge with each purchase of Products and to paid subscription rights for Enhanced Remote Viewing Services.

Acceptance of these Terms and Conditions on any "acceptance" or "subscription agreement" screen, icon or provision; payment of the applicable subscription fee; or use of the Services confirms Subscriber's acceptance of these Terms and Conditions.

1. SERVICES SUBSCRIPTION. Subject to Subscriber’s completion of the applicable Order Form, acceptance of these Terms and Conditions and payment of the subscription fee, if applicable, WiLife grants to Subscriber the nonexclusive right, subject to these Terms and Conditions, to (a) install and use the Remote Viewing Client Software in conjunction with the Services solely for Subscriber’s personal purposes, which Client Software and Services, as such terms are used herein, include any future updates, upgrades or enhancements for which Subscriber may become eligible; (b) use the Services solely for Subscriber’s business purposes; and (c) copy the Client Software for archival or backup purposes only.

2. RIGHTS AND OBLIGATIONS. WiLife retains all title, copyright and other proprietary rights in the software and hardware, including but not limited to the Client Software, servers and network used to provide the Services. Subscriber does not acquire any rights, express or implied, in the Client Software or other software or hardware used to provide the Services or in the Services themselves other than those specified in these Terms and Conditions. Subscriber agrees that it will not use the Services for sharing inappropriate materials as set forth in the Terms of Use under the provision relating to No Unlawful or Prohibited Use, including without limitation materials containing viruses or other harmful code; unsolicited mail (spam); copyrighted materials to which Subscriber does not have appropriate rights; pornography or other adult materials offensive to community standards; harassing, tortious or defamatory materials; or other materials prohibited by applicable international, federal, state or local laws and regulations. Subscriber agrees to fully comply with all federal, state and local privacy laws in connection with use of the Client Software and the Services. WiLife shall have the right to monitor use of the Services by Subscriber, subject to the confidentiality provisions set forth below.

3. SUBSCRIBER HARDWARE AND SOFTWARE. Subscriber agrees to use hardware, operating systems and applications software compatible with the Client Software and the Services, as specified in WiLife’s system requirements provided with the Products, including the proper use of security and encryption functions available to Subscriber in such hardware, operating systems and applications software.

4. PRE-PRODUCTION CLIENT SOFTWARE OR SERVICES. As an accommodation to Subscriber, WiLife may supply Subscriber with or allow access to pre-production releases of the Client Software or the Services (which may be labeled "Alpha" or "Beta" or otherwise identified as pre-production versions). Pre-production releases of the Client Software and the Services are provided “AS-IS” and are not covered by any warranty, express or implied, and are not intended for production use. Pre-production releases of the Client Software and the Services are provided without additional charge for demonstration and trial use of the Client Software and the Services and may expire automatically at the end of a pre-determined trial period or upon any notice, written or otherwise, from WiLife.

5. RESTRICTIONS. Subscriber may not directly, or permit others to, (a) disassemble, decompile or otherwise derive source code from the Client Software or other software used to provide the Services; (b) reverse engineer the Client Software or the Services; (c) modify or prepare derivative works of the Client Software or the Services; (d) copy the Client Software, except as expressly permitted in these Terms and Conditions; (e) rent or lease the Client Software or the Services; (f) use the Client Software or the Services in any manner that infringes the intellectual property or other rights of another party; or (g) transfer the Client Software, or any copy thereof, or access to the Services to another party without the express prior written consent of WiLife.

6. OWNERSHIP. Subscriber acknowledges and agrees that WiLife and its licensors own the Client Software and the Services and any other software and hardware used to provide the Services, together with all trade secrets, copyrights, patents and other intellectual property rights related thereto.

7. WARRANTY DISCLAIMER. WILIFE PROVIDES THE CLIENT SOFTWARE AND SERVICES “AS-IS” AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8. LIMITATION OF LIABILITY. WILIFE SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL (INCLUDING LOST PROFITS), ARISING OUT OF OR RESULTING FROM SUBSCRIBER’S POSSESSION OR USE OF THE CLIENT SOFTWARE OR THE SERVICES (INCLUDING DATA LOSS, CORRUPTION OR COMPROMISE OF DATA SECURITY), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE AND WHETHER OR NOT SUCH LOSS IS FORESEEABLE. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, WILIFE'S MAXIMUM LIABILITY TO SUBSCRIBER SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY SUBSCRIBER FOR THE CLIENT SOFTWARE AND THE SERVICES DURING THE PREVIOUS SIX (6) MONTH PERIOD. THE REMEDIES AVAILABLE TO SUBSCRIBER UNDER THIS AGREEMENT ARE EXCLUSIVE. THE PARTIES AGREE THAT THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN WILIFE AND SUBSCRIBER AND THAT WILIFE’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY AND DESIGNATION OF EXCLUSIVE REMEDIES SPECIFIED HEREIN.

9. TERM AND TERMINATION. This Agreement is effective upon Subscriber’s assent to its terms and conditions in the manner specified above and shall continue for the basic, trial or pilot subscription period designated by WiLife or the agreed-upon subscription period set forth in the Order Form unless otherwise terminated as provided hereunder. Subscriber may convert a basic, trial or pilot subscription to a paid subscription or renew an existing paid subscription prior to its termination by following the related instructions reflected on WiLife’s website http://store.LukWerks.com. WiLife may terminate these Terms and Conditions immediately upon Subscriber’s breach of the obligations set forth in these Terms and Conditions or other relevant provisions of the Terms of Use.

10. INDEMNITY. Subscriber agrees to indemnify WiLife and hold it harmless with respect to any and all claims, causes of action or damages arising as a result of Subscriber’s breach of its obligations under these Terms and Conditions.

11. ASSIGNMENT. Subscriber may not assign any rights under these Terms and Conditions to another party without WiLife's prior written consent. Any such unauthorized assignment shall be void. WiLife may assign its rights to any successor or affiliate.

12. MISCELLANEOUS. This Agreement is governed by the laws of the State of Utah without regard to provisions pertaining to conflicts of law. If any provision of these Terms and Conditions is held to be unenforceable, the unenforceable provision shall be deemed stricken from these Terms and Conditions, and the remaining provisions shall be enforced in accordance with their terms. In the absence of a written agreement duly executed by Subscriber and WiLife that specifically supersedes or amends the terms of these Terms and Conditions, these Terms and Conditions is the complete agreement between Subscriber and WiLife with respect to the Client Software and the Services. The waiver by either party of any default or breach of these Terms and Conditions shall not constitute a waiver of any other or subsequent default or breach. Except for actions of nonpayment or breach of WiLife’s proprietary rights in the Client Software and the Services as well as actions of breach of Sections 2, 5 or 10, no action, regardless of form, arising out of these Terms and Conditions may be brought by either party more than one year after the cause of action has occurred.

Questions concerning these Terms and Conditions may be addressed to WiLife at: WiLife, Inc. 132 East 13065 South, Suite 200, Draper, UT, U.S.A. Tel: 801.316.4700.

VIDEO SUBMISSION SERVICE

The Video Submission Policy applies to all users of the WiLife Video Submission Service, including users who are also contributors of video content, information, and other materials or services on the Website. View the most current version of this Video Submission Policy at http://www.wilife.com/Legal/VideoSubmissionPolicy.aspx. WiLife reserves the right to update the policy at any time and without providing notice.

UNSOLICITED IDEA SUBMISSION POLICY

WILIFE OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW PRODUCTS, SERVICES, PROMOTIONS, OR PRODUCT NAMES. IF YOU PROVIDE US WITH UNSOLICITED IDEAS WILIFE SHALL HAVE THE FREE AND UNRESTRICTED RIGHT TO USE THEM WITHOUT COMPENSATION TO THE SUBMITTING PARTY. WILIFE MAKES NO ASSURANCES THAT ANY UNSOLICITED IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

TRADEMARKS

Trademark information is available at http://www.Lukerks.com/Legal/trademarks.aspx. All trademarks, including third-party trademarks used on the WiLife's Websites are the exclusive property of their respective owners.