Common use of Use of device Clause in Contracts

Use of device. A. You agree to comply with and use the Device and Software in accordance with this EULA and all documentation and instructions provided with the Device. THE DEVICE AND SOFTWARE ARE NOT DESIGNED, INTENDED OR AUTHORIZED FOR USE IN ANY LIFE-SAVING OR LIFE SUSTAINING SYSTEMS OR FOR ANY OTHER PURPOSE IN WHICH THE FAILURE OF THE DEVICE OR SOFTWARE COULD CREATE A SITUATION WHERE PROPERTY DAMAGE, PERSONAL INJURY OR DEATH MAY OCCUR. You agree that you will not rely on the DEVICE OR SOFTWARE for such critical or safety matters. While Company has implemented policies and technology intended to protect your User Data (as defined below), no security measures can guaranty absolute security, and User Data may be damaged, deleted or corrupted due to causes beyond Company’s reasonable control. If there is an interruption in the power supply, the Software and Device will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure your device and Software prior to resuming use. B. As used in this ▇▇▇▇, an “Invitee” is any person or entity that is given authorization by the owner or controller of a Device to use the Device and the Software. Users who provide personal biometric data or other credentials to certain other persons for their access to the Device or Software as the Invitee of a residence/facility owner or controller. Such Users are not permitted to further authorize any other users, and residence/facility owners and controllers shall remain responsible for the use of the Device or Software by their Invitees. Please be careful to only invite trusted Invitees; by inviting someone to be an Invitee, you are giving them the ability to access and operate your Device. When you invite Invitees to use your Device or Software, you assume all responsibility and liability for their use, and any damage or loss that they may cause to you, Company, or any third-party. C. You, not Company, are solely responsible for: (i) all use and management of the Software and your Device, including ensuring such use is in compliance with all applicable laws; (ii) any consequences resulting from such use and management; and (iii) providing adequate notice and obtaining and maintaining valid consents, rights, authorizations and releases (“Consents”) from all Invitees and other users necessary under applicable law (including any applicable data protection or data processing laws and regulations), to process their personal data using the Software. By using your Device, entering or using any User Data into or in connection with your Device, or permitting any Invitee do any of the foregoing, you represent and warrant that you have obtained all such Consents. The term “User Data” shall mean all personal information, biometric data, configuration data or other information managed, transmitted, accessed, stored, or otherwise processed in any way using the Software and/or in the Device, that was submitted or inputted into, or otherwise collected by, the Software and/or in the Device by any person, including by or on behalf of you (whether for your use or on behalf of or for the benefit of the Invitees).