ARRIS Solutions, Inc.

TERMS OF USE

ARRIS – HOMESIGHT™ MOBILE APP SOFTWARE

(Effective as of 22 June 2023)

PLEASE READ CAREFULLY

This ARRIS Solutions, Inc. Terms of Use Agreement (this "Agreement") is a legal agreement between you and ARRIS Solutions, Inc. (here in referenced as "ARRIS", "we", "us" or "our") providing, among other things, the terms and conditions for your use of ARRIS HomeSight Mobile App software delivered to you and/or downloaded to supported platforms (“Licensed Application”).

This Agreement is between you and ARRIS only.  ARRIS may, from time to time, modify these terms of use and will post the modified Agreement at https://privacy.homesight.care/homesight_mobile_privacy.html (“Site”).  If you do not agree to, or cannot comply with, the modified Agreement, you must stop using and remove the Licensed Application.

You will be deemed to have accepted the Agreement as amended if you continue to use any of the Licensed Application after any modifications are posted on the Site.

1. PRIVACY POLICY

ARRIS and its vendors may collect certain personal and anonymous information from and about you in connection with your use of the Licensed Application. In general, our collection, protection, use, and disclosure of this information will be subject to the privacy policy located at the http://www.arris.com/company/privacy/. 

 

ARRIS as proprietor of the Licensed Application only acts as a data processor and on the written instructions of the data controller. You should refer to the data controller’s privacy notice in respect of their collection and use of your personal data.

2. ARRIS APPLICATION CONTENT AND PRODUCT CONTENT

All text, graphics, photographs, sounds and music, user interfaces and designs, visual interfaces and designs, trademarks, logos, artwork, computer code, and other forms of content (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Licensed Application are owned, controlled or licensed by or to ARRIS, and are protected by copyright, trade dress, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

 

Except as expressly provided in these Terms of Use, no part of the Licensed Application, and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, and no Content may be publicly shown, displayed or made available to any unauthorized party, without ARRIS’ express prior written consent.

 

The license granted to you for the Licensed Application is solely for your personal, lawful, internal business operations and may not be sublicensed, transferred or used to provide business processing services.  Each country will have different laws and regulations that will apply to Content that you may access and view and the way in which you receive Content through a Licensed Application. It is your own responsibility to familiarize yourself with the relevant laws and to comply fully with such laws.

 

If the Licensed Application is used to gain access to Content, whether over the Internet or otherwise, title and intellectual property rights in and to any Content belongs to the respective content owner. Such Content is protected by copyright or other intellectual property laws and treaties, and is subject to terms of use of the third party providing such Content.

 

If the Licensed Application is intended for use to access content through a related device, you may only use the Licensed Application in connection with a device used and/or owned by you, and you may not use the Licensed Application to access or attempt to access a device owned by another, nor may you use the Licensed Application for distribution or performance to multiple parties.

3. USE OF THE ARRIS SOFTWARE APPLICATION

You will not use the Licensed Application, Content and associated features and services for any purpose that is unlawful or prohibited by these Terms of Use.

You agree that you will not:

4. COPYRIGHTS

As between you and ARRIS, you acknowledge that ARRIS owns or has a license to all title and copyrights in and to the Licensed Application. All title and intellectual property rights in and to the licensed content the Licensed Application is the property of ARRIS and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.  

5. ARRIS TRADEMARKS AND THIRD-PARTY TRADEMARKS

ARRIS®,HomeSight™ and any associated logos are registered trademarks and trademarks of ARRIS Group, Inc. (collectively, all of the foregoing, “ARRIS’ Marks”). The absence of a product or service name or logo belonging to ARRIS anywhere in the text of any website does not constitute a waiver of ARRIS’ trademark or other intellectual property rights concerning that name or logo. All other products and brand names are trademarks and/or registered trademarks of their respective companies. ARRIS disclaims any and all rights in these third party marks. Except as may otherwise be expressly and unambiguously stated by ARRIS in writing, nothing in these Terms of Use grants any rights or license to use any ARRIS Mark or third party trademark in any manner or for any purpose.

6. SECURITY

You acknowledge that, from time to time, ARRIS may supplement, modify or discontinue the use of technology in the Licensed Software.  Security modifications made by ARRIS may from time to time include required updates to the Licensed Application. If you attempt to violate or circumvent any system or network security components or technology, you may be subject to civil or criminal liability.

7. TERM

This Agreement will remain effective and in force for as long as you continue to use the Licensed Application or until terminated by ARRIS.

8. DISCLAIMERS

8.1 ARRIS does not promise that the Licensed Application or any content, information, service or feature will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Licensed Application will provide specific results. The Licensed application and related content, information, services and features are delivered on an “as-is” and “as-available” basis. Except for these Terms of Use and the ARRIS privacy policies, all information provided with the licensed applications are subject to change without notice. ARRIS cannot ensure that any files or other data you download from the Licensed Applications will be free of viruses or contamination or destructive features. ARRIS disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. ARRIS disclaims any and all liability for the acts, omissions and conduct of itself or any third parties in connection with or related to your use of the Licensed Applications and/or any related services. You assume total responsibility for your use of the Licensed Applications. Your sole remedy against ARRIS for dissatisfaction with the Licensed Applictation or any content, information, service or feature is to stop using the Licensed Application or any such content, information, service or feature. these limitations of relief are a part of the bargain between you and ARRIS.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of, or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

9. LIMITATION OF LIABILITY

9.1 Except as expressly stated in Clause 9.2:

9.1.1 ARRIS shall not in any circumstances have any liability for any losses or damages which may be suffered by you or any third party, whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:

(i)         special damage even if ARRIS was aware of the circumstances in which such special damage could arise;

(ii)        loss of profits;

(iii)        loss of anticipated savings;

(iv)       loss of business opportunity;

(v)        loss of goodwill;

(vi)       loss or corruption of data,

9.1.2     provided that Clause 9.1.1 shall not prevent claims for loss of or damage to the your property that fall within the terms of Clause 9.1.3 or any other claims for direct financial loss that are not excluded by any of categories (i) to (vi) inclusive of Clause 9.1.1;

9.1.3 the total liability of ARRIS, whether in contract, tort (including negligence) or otherwise and whether in connection with the Licensed Application or any collateral contract, shall in no circumstances exceed the told amount paid by you to ARRIS; and

9.1.4 you agree that you did not rely on any representations (whether written or oral) of any kind other than those expressly set out in this Agreement or (if it did rely on any representations, whether written or oral, not expressly set out in this Agreement) that it shall have no remedy in respect of such representations and (in either case) ARRIS shall have no liability in any circumstances otherwise than in accordance with the express terms of this Agreement.

9.2 The exclusions in Clause 9.1.1 shall apply to the fullest extent permissible at law, but ARRIS does not exclude liability for:

(i) death or personal injury caused by the negligence of ARRIS, its officers, employees, contractors or agents;

(ii) fraud or fraudulent misrepresentation;

(iii) breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

(d)  any other liability which may not be excluded by law.9

10. INDEMNITY

You agree to defend and indemnify and hold ARRIS, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against ARRIS by any third party due to, arising out of, or in connection with your use of the Licensed Applications.

 

11. GENERAL INFORMATION

11.1 The Licensed Application is intended for use with a television and you or your provider will be responsible for providing such equipment.

11.2 You agree that ARRIS is not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.

11.3 The Licensed Application is owned or licensed by ARRIS and are protected by copyright laws. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

11.4 ARRIS is responsible for addressing any claims of the end-user or any third party relating to the Licensed Application only. ARRIS is not liable for any claims in relation to software installed or run by a third party via the Licensed Application or the use of any third party accessories (manufactured by a third party) connected to the Licensed Application.

11.5 This Agreement will be governed and construed in accordance with the laws of the State of Delaware.  The exclusive jurisdiction for any claim, action or dispute with ARRIS or relating in any way to your use of the Licensed Application will be the courts of Delaware.

11.7 ARRIS may provide notifications, whether such notifications are required by law to you via the Licensed Application as determined by ARRIS in its sole discretion.

11.10    Open Source Software Information

For instructions on how to obtain a copy of any source code being made publicly available by ARRIS related to software used in this ARRIS product you may send your request in writing to:

ARRIS Solutions, Inc.
Software Pedigree Operations
2450 Walsh Avenue
Santa Clara, CA 95051
USA

The ARRIS website opensource.arris.com also contains information regarding use of open source. ARRIS has created the opensource.arris.com to serve as a portal for interaction with the software community-at-large. This document contains additional information regarding licenses, acknowledgments and required copyright notices for open source packages that may be used in this ARRIS product.

END OF TERMS AND CONDITIONS

You acknowledge that you have read this Agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this Agreement represents the complete and exclusive statement of the Agreement between you and ARRIS and that it supersedes any proposal or prior agreement oral or written, and any other communications between yourself and ARRIS relating to the subject matter of this Agreement.