DRAGON Terms of Service (End User License Agreement)
Company name: Nakamichi LLC (“Nakamichi”)
These terms are binding between You and Nakamichi LLC (“Nakamichi”) for the Application, Services, and any Support material related to these terms.
DEFINITIONS
"Application" means collectively the software, software components, and related documentation accompanying these terms.
"Services" means collectively our website or online services accessible through our products or the Application.
“Product” means collectively the device that You are attempting to control using our application (Nakamichi DRAGON).
REQUIREMENTS
By using or accessing the Application or Services, You agree to these terms. If You are using the Application and Services on behalf of a company, then You represent and warrant that You have the authority do so and therefore bind Your company.
You represent and warrant that You have the legal capacity to enter into a binding agreement and that You are of the age of consent. These terms and any links to policies related to these terms may be periodically updated.
If You are under 16, You may use the Products and/or Services only with involvement and consent of a parent or guardian.
1. LICENSE
1.1 Subject to Your compliance with these terms, Nakamichi grants You a non-exclusive and non-transferable license to use the Application as permitted under these terms. This license is not a sale of software or permission to lend, sell, redistribute, sublicense, lease or rent the Application to other parties.
1.2 Nakamichi retains all rights, title, and interest in and to the Application.
2. LICENSE RESTRICTIONS
2.1 You may not reproduce, modify, transfer, transmit, sublicense or export the Application. You may not disassemble, decompile, reverse engineer the Application, and You may not allow others to do the same.
To the extent You are permitted under applicable law to reverse engineer for interoperability purpose, You must (a) state Your purpose in a written request to Nakamichi , and (b) allow Nakamichi the opportunity to investigate and provide the necessary information.
2.2 You may not remove any disclaimers, warnings, copyright notices, trademark notices, or other proprietary notices on or embedded in the Application.
2.3 Nakamichi owns all intellectual property rights in the Application and all modifications, updates, upgrades, and derivative works based upon the Application. Nakamichi reserves all rights not expressly granted under these terms.
3. NAKAMICHI ACCOUNT, SYSTEM REQUIREMENTS, COMPATIBLE DEVICES AND USAGE
3.1. To use this application, Your Email is required. You will need to set up a Nakamichi Account using this email. This email will be used to create Your Nakamichi account (secured with one-time passcode verification, sent to Your email), as well as marketing and support services. It is Your responsibility to ensure confidentiality and security of Your Email Login Credentials. By registering, You agree that You are fully responsible for all activities that occur under Your Nakamichi Account.
Your Phone Number is optional, but can be provided as an additional avenue of contact for customer support, and may be used for marketing purposes.
We may assume that all communications that we receive under Your Nakamichi Account or Phone Number come from You.
3.2. Nakamichi’s Product and/or Services may not work or update properly without a Nakamichi Account and a working Wi-Fi network in Your home that is connected to reliable Internet access with sufficient bandwidth and/or a Bluetooth connection.
Other third party hardware and/or technology elements may also be required for use of some or all of the Product and/or Services, such as a compatible third party device (e.g. tablet or a mobile phone device) with access to the Nakamichi App. It is Your responsibility to ensure that You have all required elements and that they are compatible and properly configured. With Your permission, Nakamichi may use Bluetooth on Your compatible third party device, without prior notification, but subject to Your device settings, to facilitate proper operation of the Product and/or Services and to enable certain features.
4. SERVICES
4.1 Services and Resources available through the app have been specially curated, written and made available to enhance the experience and operation of Product. This is including but not limited to: content hosted under the domain “nakamichi-usa.com”, Nakamichi’s official marketing channels (e.g. Facebook, YouTube, Instagram) and customer support (e.g.“DRAGON concierge”). In the unlikely event You encounter content that is offensive, indecent, or objectionable to You, Your sole remedy is to simply stop viewing the content.
4.2 Pages describing the Services are accessible worldwide but this does not mean all Services or service features are available in Your country. It is Your responsibility to make sure Your use of the Services is legal where You use them. Services are not available in all languages. For legal compliance, Nakamichi may block access to certain Services (or certain service features or content) in certain countries.
4.3 Nakamichi may modify, update, or discontinue the Services or Application (including any of their portions or features) at any time without liability to You or anyone else. However, Nakamichi will make reasonable efforts to notify You before making any major changes.
4.4 You may not reproduce, modify, distribute, sell, rent, lease, or create derivative works of the Services or content in any manner. You may not exploit the Services in any unauthorized way whatsoever, including but not limited to: trespassing or burdening network capacity. You must comply with applicable law. You may not use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party. Nakamichi is not in any way responsible for Your use of the Services.
4.5 Nakamichi may collect and use technical data and related information, including but not limited to: technical information about the device, system, application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the Application. Nakamichi may use this data, as long as it does not personally identify You, to improve its products or to provide services or technologies to You.
4.6 The Application collects and processes data with Google Analytics and Google Firebase. Nakamichi’s Privacy Policy. https://www.nakamichi-usa.com/privacy describes how You may consent to the storing and accessing of cookies and other information provided during the use of Product and Application. By using the Application, You agree to the Nakamichi Privacy Policy, which is incorporated into this EULA by reference.
4.7 The Application may automatically download and install updates to the Application or the Nakamichi products related to the Application. These updates may take the form of bug fixes, new features, or new versions. You agree to receive such updates from Nakamichi as part of Your use of the Application.
5. TERMINATION
5.1 Without prejudice to any other rights, Nakamichi may terminate these terms without notice if You fail to comply with these terms.
5.2 You may terminate these terms without notice to Nakamichi by ceasing use of and destroying all copies of the Application, including all archival copies.
5.3 Upon termination of these terms for any reason, You must immediately cease use of the Application, and destroy all copies of the Application, including all archival copies.
6. DISCLAIMER OF WARRANTIES
6.1 The Application and Services are provided "AS-IS". To the maximum extent permitted by law, Nakamichi disclaims all warranties express or implied, including the implied warranty of non-infringement, merchantability, and fitness for a particular purpose.
6.2 We further disclaim any warranty that (a) the Application or Services will meet Your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Application or Services will be effective, accurate, or reliable; (c) the quality of the Application or Services will meet Your expectation; or that (d) any errors or defects in the Application or Services will be corrected.
7. LIMITATION OF LIABILITY
7.1 In no event will Nakamichi or its suppliers be liable for any special, indirect, consequential, incidental, or punitive damages, however caused, regardless of the theory of liability, or whether arising out of the use of or inability to use the Application or Services, even if Nakamichi or its suppliers or licensors have been advised of the possibility of such damages. The limitation or exclusion does not apply to claims that cannot be excluded under applicable law.
7.2 In no event will Nakamichi total liability to You for all damages (other than as may be required by applicable law) exceed $100. The limitations in this Section 6 will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
8. GENERAL PROVISIONS
8.1 These terms are governed by and construed in accordance with the substantive laws of the state of New York, excluding its conflict of law principles. You and Nakamichi agree to exclude the United Nations convention on contracts for the international sale of goods under these terms and any transaction that may be implemented in connection with these terms. You and Nakamichi agree that the subject matter and personal jurisdiction are proper in the courts located in United States of America District Court for the Southern District of New York. The prevailing party in any litigation arising from these terms is entitled to recover reasonable attorneys' fees and related expenses, in addition to any other relief granted. Your use of the Application may also be subject to other local, state, national, or international laws.
8.2 You may not assign or delegate all or any part of Your rights or obligations under these terms without the prior written consent of Nakamichi, except to a person or entity that accepts possession or title of the Product and who agrees to be bound by these terms.
8.3 Articles 5, 6, 7, and 8 will survive any termination or expiration of these terms.
8.4 Any amendment to or modification of these terms must be made in writing and signed by an authorized representative of both You and Nakamichi. These terms are the complete and final agreement between You and Nakamichi with respect to the subject matter of these terms, to the extent that any terms of any Nakamichi policies or programs for support services conflict with these terms, these terms control.
8.5 If any provision of these terms is held to be void, invalid, unenforceable or illegal, the other provisions will continue in full force and effect.
8.6 The failure of either party to enforce any rights or obligations under these terms, or to take any action against the other party in the event of any breach, shall not be considered a waiver to subsequent enforcement of rights or subsequent actions in the event of future breaches.
8.7 Questions, complaints or claims with respect to the Application may be directed to Nakamichi via our support email address: dragonconcierge@nakamichi-usa.com.
9. EXPORT CONTROLS
The Application, documentation and technology or direct products supplied by Nakamichi under these terms ("Technology"), are subject to export controls under applicable laws and regulations. You must comply with such laws and regulations governing export, re-export, import, transfer and use of the Technology and will obtain all required U.S. and local authorizations, permits, or licenses. In particular, but without limitation, the Technology may not be exported or re-exported (a) into any embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons or Entity List.
By using the Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use the Products for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear, chemical, or biological missiles or weapons.
You agree to provide any other information, support documents, and assistance as may reasonably be required in connection with securing authorizations or licenses.
10. GOVERNMENT USERS
The Application and documentation qualify as "Commercial Items," as that term is defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) ÅS2.101 , consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as such terms are used in FAR ASI 2.212.
Consistent with FAR 2.212 and DoD FAR supp. Ä5227.7202-1 through ÅS227.72024 and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which these terms may be incorporated, You may provide to a Government end user or, if these terms are direct, a Government user will acquire, the Application and documentation with only those rights set forth in these terms. Use of either the Application or documentation or both constitutes agreement by the Government that the Application and documentation are "Commercial Computer Software" and "Commercial Computer Software Documentation," and constitutes acceptance of the rights and restrictions in these terms.