Please read this agreement before using your copy of Remote Utilities for Mobile (the “Product”). This is a legal agreement between you and Remote Utilities Pte. Ltd. (the “Company”). If you do not wish to be bound by the terms of this license agreement you must not install, activate or use the software. For purposes hereof, “you” means the individual person installing or using the Product on his or her own behalf; or, if the Product is being downloaded or installed on behalf of an organization, such as an employer, “you” means the organization for which the Product is downloaded or installed and it is represented hereby that such organization has authorized the person accepting this agreement to do so on its behalf. For purposes hereof the term “organization”, without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.
DEFINITIONS
Product: Remote Utilities for Mobile, the Remote Utilities Viewer application for iOS and Android, including all its constituent files.
Company: Remote Utilities Pte. Ltd., the creator and manufacturer of the Product.
App Store: The Apple App Store or Google Play, as applicable, being the store from which you obtained the Product.
Controlled device: A remote computer to which the user connects during a remote session.
Relay server: One of the Company’s hosted dedicated servers on the Web that facilitates remote connections between Remote Utilities modules.
Remote Utilities Host (Host): A module installed on a controlled device to facilitate incoming remote connections to that device from the Viewer.
Remote Utilities Server (RU Server): A self-hosted relay server module that the customer can host on their premises.
1. TERM
1.1 Subject to termination under Section 10 the License shall be perpetual.
2. OWNERSHIP
2.1 The Remote Utilities software is owned and copyrighted by the Company. Your license confers no title or ownership in the Product and should not be construed as a sale of any right in the Product.
3. GRANT OF LICENSE
3.1 The Product is the mobile edition of the Remote Utilities Viewer. It is provided free of charge and does not currently require a license key or impose any limit on the number of controlled devices.
3.2 Subject to your compliance with the terms of this Agreement, the Company grants you a perpetual (subject to termination under Section 10), non-exclusive, non-transferable, royalty-free license to install, execute, display and use the Product on mobile devices that you own or control and for which the Product was designed, and to connect to and control an unlimited number of controlled devices, as permitted by the usage rules of the applicable App Store. Business and personal use is allowed.
3.3 The Product is obtained through your App Store account and may not be transferred, sublicensed, resold or otherwise made available to any other person or entity.
3.4 The Company may introduce licensing terms for the Product in a future version. Any such terms will be set out in the version of this Agreement accompanying that version of the Product and will not apply retroactively to your use of the version you have installed.
4. SERVER AVAILABILITY
4.1 Access to the Company’s web-server (relay server) may be required for some features of the Product to work. The Company will take all the possible measures to ensure the server/servers are available and operational most of the time. However, it is not possible to guarantee an uninterrupted availability.
4.2 The Company may restrict or cease providing the hosted service (access to relay server) to users of the Product at any time without prior notice.
5. INFORMATION WE COLLECT WHEN YOU USE THE PRODUCT
We may collect and process personal information described in this section to perform the contract for your use of the Product.
5.1 When you use the Internet-ID connection
When you use the Internet-ID feature together with our public Internet-ID service (the Company’s relay server) the following information is logged on our servers:
- Originating IP address
- Destination IP address
- The Internet-ID code
- Date and time stamp
We need to collect this information: (i) to ensure the proper operation of the Product and our Internet-ID public service, including diagnosing your connectivity issues; (ii) to satisfy legal requirements in case of a criminal investigation into using the Product for malicious purposes.
Remote Utilities utilizes end-to-end encryption using industry-standard algorithms, such as TLS and RSA+AES. We DO NOT have access to the contents of remote connection packets transmitted via our servers.
5.2 When you update the Product
Updates to the Product are delivered through the Apple App Store or Google Play. We DO NOT collect and store your personal information when the Product is updated.
6. APP STORE TERMS
6.1 The Product is distributed through the Apple App Store and Google Play. Your use of the Product must also comply with the applicable terms of service and usage rules of the store from which you obtained it. In the event of a conflict between this Agreement and those usage rules, the usage rules prevail to the extent of the conflict.
6.2 Apple Inc. and Google LLC are not parties to this Agreement, bear no responsibility for the Product, and have no obligation to furnish any maintenance or support services with respect to it. As between the Company and Apple Inc. or Google LLC, the Company alone is responsible for the Product, for any claim that the Product fails to conform to any applicable legal or regulatory requirement, for any third-party claim that the Product infringes that party’s intellectual property rights, and for addressing any customer claims relating to the Product, to the extent any such responsibility exists under this Agreement.
6.3 Where you obtained the Product from the Apple App Store, you acknowledge that Apple Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple Inc. has the right to enforce this Agreement against you as such.
7. COPYRIGHT
This software is protected by international copyright laws. The software is licensed to you, but not sold to you, under the license set out in Section 3. The Company reserves all rights not expressly granted herein.
Remote Utilities incorporates several third-party libraries. A complete list of these libraries, along with their respective licenses, is available on the About screen of the Product.
8. RESTRICTIONS
Except as otherwise specifically provided for in this Agreement, you may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or otherwise reduce any part of the Product to human readable form or transfer the licensed Product, or any subset of the licensed Product, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of your jurisdiction give you the non-waivable right to do so to obtain information necessary to render the Software interoperable with other software; provided, however, that you must first request such information from the Company and the Company may, in its discretion, either provide such information to you (subject to confidentiality terms) or impose reasonable conditions, including a reasonable fee, on such use of the Software to ensure that the Company’s and its suppliers and/or licensors proprietary rights in the Software are protected. You may not modify, or create derivative works based upon the Product in whole or in part. Any such unauthorized use shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution. Neither Product’s binary code nor source may be used or reverse engineered to re-create the program algorithm, which is proprietary, without written permission of the Company. All rights not expressly granted here are reserved by Company and/or its suppliers and licensors, as applicable.
9. NO TIMESHARING OR SERVICE BUREAU USE
9.1 You may not permit third parties to benefit from the use or functionality of the Product via a timesharing, service bureau or other similar arrangement.
10. TERMINATION
You may terminate this License and this Agreement at any time by deleting the Product from all your devices, together with any copies in any form.
Company may terminate this License forthwith by notice in writing to you if you commit any serious breach of any term of this License and (in the case of a breach capable of being remedied) shall have failed within 30 days after receipt of a request in writing from Company so to do, to remedy the breach (such request to contain a warning of Company intention to terminate). Upon termination you will delete the Product and all copies of it from your devices and will confirm in writing to Company that this has been done.
11. LIMITED WARRANTY
LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. REMOTE UTILITIES PTE. LTD. DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, OR REMOTE UTILITIES WEB-SERVER (MEDIATION SERVER) WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER REMOTE UTILITIES NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF REMOTE UTILITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
NO MAINTENANCE OR SUPPORT. THIS AGREEMENT DOES NOT ENTITLE YOU TO ANY MAINTENANCE, UPDATES OR TECHNICAL SUPPORT, AND THE COMPANY HAS NO OBLIGATION UNDER THIS AGREEMENT TO PROVIDE THEM. ANY MAINTENANCE, UPDATES OR TECHNICAL SUPPORT THAT THE COMPANY MAY PROVIDE ARE OFFERED SEPARATELY FROM THIS AGREEMENT, AT THE COMPANY’S SOLE DISCRETION, UNDER ITS THEN-CURRENT SUPPORT POLICY, AVAILABLE AT https://www.remoteutilities.com/about/support-policy.php. THE COMPANY MAY AMEND THE SUPPORT POLICY AT ANY TIME. ANY UPDATES THAT THE COMPANY DOES MAKE AVAILABLE TO YOU THROUGH THE APP STORE ARE PART OF THE PRODUCT AND ARE GOVERNED BY THIS AGREEMENT.
12. LIMITATION OF LIABILITY
12.1 THE PRODUCT IS PROVIDED FREE OF CHARGE AND YOU USE IT ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, AND WHETHER FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSS OF PROFITS, GOODWILL, USE OR DATA, OR ANY OTHER LOSS OF ANY KIND. THIS EXCLUSION APPLIES NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12.2 NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD.
13. GOVERNING LAW AND JURISDICTION
13.1 This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter, is governed by and shall be construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
13.2 You and the Company submit to the exclusive jurisdiction of the courts of Singapore to settle any such dispute or claim. Nothing in this Section prevents the Company from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
14. ENTIRE AGREEMENT
14.1 This Agreement constitutes the entire agreement between you and the Company regarding the Product and supersedes all prior or contemporaneous understandings, representations, communications and agreements, whether written or oral, regarding its subject matter. No amendment of this Agreement will be binding unless made in writing and signed by an authorized representative of the Company. This Section does not affect the terms of any separate written agreement between you and the Company concerning the Product, the terms and usage rules of the App Store referred to in Section 6, or the Support Policy referred to in Section 11, none of which are part of this Agreement.
15. SEVERABILITY
15.1 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the remaining provisions of this Agreement will continue in full force and effect.