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END-USER LICENSE AGREEMENT FOR SHARKNINJA SOFTWARE
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY
BEFORE CONTINUING WITH THIS PROGRAM INSTALL OR USE OF THIS PRODUCT: SharkNinja Operating
LLC's ("SharkNinja") End-User License Agreement ("EULA") is a legal agreement between You (either a single
entity or an individual) and SharkNinja for SharkNinja's Software Applications, including those installed by You
onto your SharkNinja products or already installed on your device, including all firmware (referred hereafter
as "SN APPS"). By installing, copying, checking a box, clicking a button confirming your agreement to these
terms, or otherwise continuing to use the SN APPS, You agree to be bound by the terms of this EULA. This
license agreement represents the entire agreement concerning SN APPS between You and SharkNinja, and it
supersedes any prior proposal, representation, or understanding between the parties. If You do not agree to
the terms of this EULA, do not install or use the SN APPS or this product.
The SN APPS are protected by copyright laws and international copyright treaties, as well as other intellectual
property laws and treaties.
1. GRANT OF LICENSE. The SN APPS are licensed as follows:
1.1 Installation and Use. SharkNinja grants You the right to download, install, and use SN APPS on the specified
platform for which the SN APP was designed and in connection with SharkNinja products with which the SN
APPS are designed to operate ("SN Devices").
1.2 Backup Copies. You may also make a copy of SN APPS downloaded and installed by You for backup and
archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
2.1 Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies
of the SN APPS.
2.2 Distribution. You may not distribute copies of the SN APPS to third parties.
2.3 Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer,
decompile, or disassemble SN APPS, except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
2.4 Rental. You may not rent, lease, or lend SN APPS without written permission from SharkNinja.
2.5 NOT FOR RESALE SOFTWARE. Applications identified as "Not for Resale" or "NFR," may not be resold,
transferred, or used for any purpose other than demonstration, test, or evaluation.
2.6 Support Services. SharkNinja may provide You with support services related to SN APPS ("Support
Services"). Any supplemental software code provided to You as part of the Support Services shall be
considered part of SN APPS and subject to the terms and conditions of this EULA.
2.7 Compliance with Applicable Laws. You must comply with all applicable laws regarding use of SN APPS.
3. UPDATES. SharkNinja may provide You with upgrades or updates to SN APPS. This EULA will govern
any upgrades provided by SharkNinja that replace and/or supplement SN APPS, unless such upgrade is
accompanied by a separate EULA, in which case the terms of that EULA will govern. If You decide not to
download and use an upgrade or update provided by SharkNinja, You understand that You could put SN Apps
at risk to serious security threats or cause SN Apps to become unusable or unstable.
4. DATA AND PRIVACY. SharkNinja is committed to ensuring your privacy by adhering to high standards
of fairness and integrity. We are committed to keeping our customers informed about how we use the
information we gather from You through the use of each of our websites or SN APPS. Our privacy practices
are described in SharkNinja's Privacy Policy, as well as in separate notices given when an app, product, or
service is purchased or downloaded. By using SN APPs or providing us with your personal information, You are
accepting and consenting to the practices, terms, and conditions described in SharkNinja's Privacy Policy. At
all times your information will be treated in accordance with the SharkNinja Privacy Policy,
which is incorporated by reference into this EULA and can be viewed at the following URL:
http://www.sharkninja.com/privacypolicy.
5. THIRD-PARTY APPLICATION LIBRARIES AND EMBEDDED SOFTWARE.
5.1 You acknowledge that Ayla Networks, Inc. ("Ayla") has provided certain application libraries that have been
embedded into SN APPS ("Ayla Application Libraries") and enables SN Devices to connect to the Ayla Cloud
Service ("Ayla Embedded Software").
5.2 You will not use the Ayla Application Libraries except as an incorporated portion of SN APPS, unmodified
from the form provided to You.
5.3 You will not use the Ayla Embedded Software except as an incorporated portion of SN Devices, unmodified
from the form provided to You.
5.4 You will not modify, adapt, translate, or create derivative works based on, or decompile, disassemble,
reverse engineer, or otherwise attempt to derive the source code or underlying algorithms of, the Ayla
Application Libraries or the Ayla Embedded Software.
5.5 SharkNinja retains all ownership of SN APPS (and the Ayla Application Libraries contained therein) and any
software installed on SN Devices (including the Ayla Embedded Software) and only a license thereto is granted
to You for use in connection with the SN APPS and SN Devices.
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END-USER LICENSE AGREEMENT FOR SHARKNINJA SOFTWARE
5.6 You will not use the Ayla Application Libraries or Ayla Embedded Software to attempt to gain unauthorized
access to or use of the systems/services of SharkNinja's other licensors; nor will You transmit viruses, worms,
Trojan horses, time bombs, spyware, malware, cancelbots, passive collection mechanisms, robots, data mining
software, or any other malicious or invasive code or program into the systems/services of SharkNinja's other
licensors.
5.7 You will not use the Ayla Application Libraries or Ayla Embedded Software to interfere with, breach,
or circumvent any security feature, authentication feature, or any other feature that restricts or enforces
limitations on the use of, or access to, the systems/services of SharkNinja's other licensors.
5.8 You will not probe, attack, scan, or test the vulnerability of the systems/services of SharkNinja's other
licensors.
5.9 SharkNinja's other licensors of the SN APPS, Ayla Application Libraries, and the Ayla Embedded Software
are the express third-party beneficiaries of this EULA, and the provisions of this Section of this EULA are made
expressly for the benefit of such licensors, and are enforceable by such licensors.
6. TERMINATION. Without prejudice to any other rights, SharkNinja may terminate this EULA if You fail to
comply with the terms and conditions of this EULA. In such event, You must destroy all copies of SN APPS in
your possession.
7. COPYRIGHT. All title, including but not limited to copyrights, in and to SN APPS and any copies thereof are
owned by SharkNinja or its suppliers. All title and intellectual property rights in and to the content which may
be accessed through use of SN APPS are the property of the respective content owner and may be protected
by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use
such content. All rights not expressly granted are reserved by SharkNinja.
8. OPEN SOURCE SOFTWARE. You hereby acknowledge that SN APPS may contain software that is subject
to "open source" or "free software" licenses ("Open Source Software"). The license granted by this EULA
does not apply to Open Source Software contained in the SN APPS. Rather, the terms and conditions in the
applicable Open Source Software license shall apply to the Open Source Software. Nothing in this EULA limits
your rights under, or grants You rights that supersede, any Open Source Software license. You acknowledge
that the Open Source Software license is solely between You and the applicable licensor of the Open Source
Software. To the extent the terms of the licenses applicable to the Open Source Software require SharkNinja
to make an offer to provide the Open Source Software, such offer is hereby made, and You may exercise it by
contacting SharkNinja at the below address.
9. NO WARRANTIES. SharkNinja expressly disclaims any warranty for SN APPS, Ayla Application Libraries, or
Ayla Embedded Software. SN APPS, Ayla Application Libraries, and Ayla Embedded Software are provided
'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of
merchantability, noninfringement, fitness of a particular purpose, or title. SharkNinja does not warrant or
assume responsibility for the accuracy or completeness of any information, text, graphics, links, or other items
contained within the SN APPS. SharkNinja makes no warranties respecting any harm that may be caused by
the transmission of a computer virus, worm, logic bomb, or other such computer program. SharkNinja further
expressly disclaims any warranty or representation to any third party.
10. LIMITATION OF LIABILITY. In no event shall SharkNinja or its suppliers be liable for any special, incidental,
punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of
profits or confidential or other information, for business interruption, for personal injury, for loss of privacy,
for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other
pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use SN
Devices or SN APPS, the provision of or failure to provide support or other services, information, software, and
related content through the product or otherwise arising out of the use of SN APPS, or otherwise under or in
connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict
liability, breach of contract, or breach of warranty of SharkNinja or any supplier, and even if SharkNinja or any
supplier has been advised of the possibility of such damages. SharkNinja shall have no liability with respect
to the content of the SN APPS or any part thereof, including but not limited to errors or omissions contained
therein, libel, infringements of rights of publicity, privacy,
trademark rights, business interruption, personal injury, loss of privacy, moral rights, or the disclosure of
confidential information.
11. APPLICABLE LAW. The laws of the Commonwealth of Massachusetts will govern this EULA and You hereby
consent to exclusive jurisdiction and venue in the state and federal courts sitting in the Commonwealth of
Massachusetts.
12. ASSIGNMENT. SharkNinja may assign this EULA without notice to Licensor.
13. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included
with the SN Devices) is the entire agreement between You and SharkNinja relating to the SN APPS and
supersedes all prior or contemporaneous oral or written communications, proposals and representations with
respect to the SN APPS or any other subject matter covered by this EULA. To the extent the terms of any
SharkNinja policies or programs for support services conflict with the terms of this EULA, the terms of this
EULA shall control.
If You have questions regarding this EULA, please contact SharkNinja at 89 A Street, Suite 100,
Needham, MA 02494.
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