Lookout Lab, Inc. End User License Agreement (EULA)
Last Updated November 6, 2020
Lookout Lab, Inc., a California corporation with corporate offices located in Santa Cruz, CA (“Lookout”), desires to offer certain hardware and software products, developed by and proprietary to Lookout or its licensors. There are two types of software covered by this End User License Agreement (“EULA”): (1) The Lookout hardware Product (Bluebot™) you have acquired contains embedded software (“Embedded Software,” as defined in more detail below) which is integral to such Product’s operation; and (2) application software provided to you on a downloadable basis (“Application Software,” as defined in more detail below). Embedded Software and Application Software are collectively referred to as “Software” (as defined in more detail below) and are both subject to the terms and conditions contained in this EULA. Software is provided only for use with, and for authorized end users of, the Lookout hardware Product you have acquired from Lookout or its authorized representative (“Lookout Hardware Product”). Portions of the Software may include or operate with open source software or libraries (“Open Source”).
This End User Software License Agreement (“EULA” or “Agreement”) is a legally binding agreement governing the licensing of the Software and Documentation by Lookout, Inc. (“Lookout”) to the entity or person who has purchased or otherwise acquired a Lookout Hardware Product, whether directly from Lookout or from its authorized representative (“You” or “End User”). For purposes of this Agreement, any software that is not Embedded Software or Application Software is software that may be associated with a separate end-user license agreement licensed to You under the terms of that license agreement. Software is provided only for use with the Lookout Hardware Product and any other use of Software is strictly prohibited and may subject You to legal action. Software is provided to You under license, subject to the terms and conditions of this EULA. Any and all updates to Software shall also be subject to this EULA. If You use the Lookout Hardware Product, You will be deemed to have accepted the terms and conditions of this EULA. If You do not intend to be bound to the terms of this EULA, Lookout is not willing to license the Software to You; You may not use the Lookout Hardware Product or the Software; and You must contact the party from whom You acquired the Lookout Hardware Product for instructions on how to return the Lookout Hardware Product.
Lookout and You (or “End User”) (each a “Party” or together the “Parties”) hereby further agree as follows:
1.1. “Affiliate” means a business entity currently existing or later acquired that is controlled by, or is under common control with Lookout.
1.2. “Authorized Third Party Program Participant” means entities such as insurers, water utilities, or other entities with a customer base that offer a program to its customers that utilizes the Lookout Hardware Product and Lookout Software for use of Product Data.
1.3. “Documentation” means materials such as user’s guides, program reference guides, quick reference guides, manuals, videos, release notes, or similar materials associated with, or related to, the Lookout Hardware Product and/or Software, whether in printed, electronic online, or other form.
1.4. “Proprietary Information” means: (a) source code, object code, software, unpublished documentation, and any related internal design, system design, database design, algorithms, technology, technical data or information, implementation techniques, and trade secrets related to the Lookout Hardware Product and/or the Software, (b) any other trade secrets marked appropriately or identified as proprietary or confidential, when disclosed; all of which are not publicly available and (c) any information that End User, under the circumstances, should recognize as confidential to Lookout. Proprietary Information does not include any information that the receiving Party can establish was (1) in the public domain, (2) already in the receiving Party’s possession or rightfully known prior to receipt, (3) rightfully learned from a third party not in violation of any other’s proprietary rights, or (4) independently developed without access to Proprietary Information.
1.5. “Product Data” means all information, data, content and materials of any kind and in any medium collected or compiled by Lookout Hardware Products and/or Software, or otherwise furnished or made available directly or indirectly to Lookout by or on behalf of End User.
1.6. “Software” means: (a) any software or computer programs of Lookout or its third party licensors in machine readable form which is embedded in the Lookout Hardware Product (“Embedded Software); and/or (b) application software solely for use with the Lookout Hardware Product (“Application Software”). Software includes any replacement, update, upgrade, enhancement or modification to Embedded Software or Application Software obtained directly or indirectly by End User.
2.1. Lookout grants to End User a personal, worldwide, non-exclusive, non-transferable, non-sublicensable, limited license to use the current version of the Software, solely on the Lookout Hardware Product in which it is embedded; or for Application Software, with the Lookout Hardware Product for which it is intended for use (“Designated Lookout Hardware Product”), in machine-readable form only, solely for End User’s personal or internal business purposes (as applicable). This Agreement does not convey ownership of the Software to End User. Title to the Software shall be and remain with Lookout or the third party from whom Lookout has obtained a right to sublicense. As used in this Agreement, the term “purchase” or its equivalents when applied to the Software shall mean “acquire under license.” End User is not entitled to receipt or use of the Lookout Source Code for any Software.
End User shall not copy, modify, decompile, disassemble, reverse engineer, or otherwise reproduce or remanufacture the Software, whether modified or unmodified, nor sell, assign, sublicense, distribute, lend, rent, give, or otherwise transfer the Software to any other person or organization, for purposes other than as expressly provided in this Agreement, without Lookout’s prior written consent.
Lookout shall provide End User, at no charge, access to Documentation.
3.1. Any copying, installing, reproduction, remanufacture, electronic transfer, or other use of the Software other than on, or otherwise in connection with, the Designated Lookout Hardware Product will be a material breach of this Agreement.
3.2. End User shall not sell, assign, sublicense, distribute, lend, rent, give, or otherwise transfer the Lookout Hardware Product to any third party unless such third party agrees with Lookout in writing to be bound by the terms and conditions of this Agreement. Any such transfer of the Lookout Hardware Product absent such agreement shall be null and void.
4.1. End User acknowledges that the Software constitutes valuable trade secrets of Lookout or Lookout’s third party licensors and that the Software is protected by all applicable intellectual property laws and treaties. Except for the license rights expressly granted in this Agreement, the license set forth in this Agreement does not transfer to End User any ownership, right, title, or interest, in or to Lookout’s, or its third party licensors’, copyrights, patents, trademarks, service marks, trade secrets, or other intellectual property rights. End User shall not remove, modify, or take any other action that would obscure any copyright, trademark, patent marking, or other intellectual property notices contained in or on the Lookout Hardware Product or in the Software. Names used on the Lookout Hardware Product or in this Agreement may constitute trademarks of Lookout or its licensors and no right is granted herein to the End User for use of such trademarks.
5.1. End User acknowledges that Proprietary Information is the confidential, proprietary, and trade secret property of Lookout and Lookout’s third party licensors and that, except as otherwise expressly provided in this Agreement, End User acquires no right or interest in any Proprietary Information.
5.2. End User shall not disclose, provide, or otherwise make available Proprietary Information to any person other than End User’s authorized employees or agents who are under confidentiality agreement, and End User shall not use Proprietary Information other than in conjunction with use of the Lookout Hardware Product solely for End User’s personal or internal business purposes (as applicable). End User shall take steps to protect Proprietary Information that are no less secure than for End User’s own intellectual property.
5.3. The provisions of this Proprietary Information Section shall survive and continue for five (5) years after the termination of this Agreement, or for Proprietary Information that qualifies as trade secrets, as long as allowed by applicable law.
6.1. Lookout warrants that, under normal use and operation, the Lookout Hardware Product and Software will conform substantially to the applicable Documentation. For all defects reported to Lookout, Lookout’s liability is limited to providing End User with one copy of corrections or responding to End User’s problem reports according to Lookout’s then-current standard assistance practices. Lookout does not warrant that Software will meet End User’s requirements or that use of Software will be uninterrupted or error free, or that Lookout’s remedial efforts will correct any nonconformance. End User agrees that the existence of such nonconformities or errors and Lookout’s inability to remedy such errors shall not constitute a breach of this Agreement. This limited warranty does not cover use of the Software with any hardware system other than the Lookout Hardware Product or to Software that has been subjected to damage or abuse, whether intentionally, accidentally, or by neglect, or to unauthorized repair or unauthorized installation, and shall be void if End User modifies the Lookout Hardware Product or Software, uses the Lookout Hardware Product or Software in any manner other than as allowed in the Documentation, or if End User breaches any of the provisions of this Agreement.
6.2. EXCEPT AS PROVIDED IN THIS AGREEMENT, THE LOOKOUT HARDWARE PRODUCTS AND SOFTWARE ARE PROVIDED “AS IS” AND NEITHER LOOKOUT NOR ANY AUTHORIZED THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE LOOKOUT HARDWARE PRODUCTS OR SOFTWARE, AND LOOKOUT (ON BEHALF OF ITSELF AND ANY AUTHORIZED THIRD PARTY PROGRAM PARTICIPANT) SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER LOOKOUT, NOR ANY OF LOOKOUT’S LICENSORS OR AUTHORIZED THIRD PARTY PROGRAM PARTICIPANTS SHALL BE LIABLE FOR ANY CLAIMS AGAINST END USER BY ANY OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. IN NO EVENT SHALL LOOKOUT’S AND/OR AUTHORIZED THIRD PARTY PROGRAM PARTICIPANT’S COLLECTIVE AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, IF ANY, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, WARRANTY, OR ANY OTHER BASIS, EXCEED THE PRICE OR FEE PAID BY END USER (OR BY AN AUTHORIZED THIRD PARTY PROGRAM PARTICIPANTS ON END USER’S BEHALF) FOR THE LOOKOUT HARWARE PRODUCT. UNDER NO CIRCUMSTANCES SHALL LOOKOUT, AUTHORIZED THIRD PARTY PROGRAM PARTICIPANTS OR LOOKOUT’S LICENSORS BE LIABLE TO END USER OR ANY THIRD PARTY FOR LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS OR SERVICE, OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, EVEN IF LOOKOUT, ANY INSURER, OR LOOKOUT’S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.1. Except for Open Source software, use, duplication, or disclosure of the Software by the U.S. Government is subject to the restrictions for computer software developed at private expense as set forth in the U.S. Federal Acquisition Regulations at FAR 52.227-14(g), or 52.227-19 or in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013(c)(1), whichever is applicable.
8.2. End User is restricted to using the Application Software within the United States, if End User uses the Application Software outside the United States, End User must comply with the applicable local laws of the country in which the Lookout Application Software is used, with U.S. export control laws, and with the English language version of this Agreement. The provisions of the “United Nations Convention on International Sale of Goods” shall not apply to this Agreement.
9.1. Either Party may terminate this Agreement or any license granted under this Agreement at any time upon written notice if the other Party materially breaches any provision of this Agreement and has not cured such breach within a 30-day period following receipt of written notice thereof from the non-breaching Party.
9.2. Upon termination of this Agreement, End User immediately shall cease using any Software, subject to the following two sentences. For Embedded Software, End User agrees to sign a waiver prepared by Lookout concerning further use of the Embedded Software. End User’s resumed or continued use of the Embedded Software and/or the Application software after termination shall constitute End User’s agreement to be bound anew by the terms and conditions of this Agreement for such use.
10.1. Entire Agreement; Amendment. This document contains the entire agreement between the Parties relating to use of the Lookout Hardware Products and the licensing of the Lookout Software and, except for business agreements between Lookout and End User, supersedes all prior or contemporaneous agreements, written or oral, between the Parties concerning the use of the Lookout Hardware Products and licensing of the Lookout Software. This Agreement may be modified by Lookout with notice to You by e-mail or in the download process to apply to future versions of Lookout Products.
10.2. Notice. All notices required or authorized under this Agreement shall be given in writing, and shall be effective when received, with evidence of receipt. Notices to Lookout shall be sent to the attention of Contract Administration, Lookout Lab, Inc., 550 Figueroa Street, Suite C, Monterey, CA 93940, or such other address as may be specified by Lookout in writing. Notices from Lookout may also be provided as set forth in section 10.1.
10.3. Waiver. A Party’s failure to enforce any of the terms and conditions of this Agreement shall not prevent the Party’s later enforcement of such terms and conditions.
10.4. Attorneys’ Fees. In the event an action is brought to enforce the terms and conditions of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees, both at trial and on appeal.
10.5. Governing Law; Venue: This Agreement and the rights of the Parties hereunder shall be governed by and construed in accordance with the laws of California, without regard to the rules governing conflicts of law. The state and federal courts located in the above jurisdiction shall have exclusive jurisdiction over all matters regarding this Agreement, except that Lookout shall have the right, at its absolute discretion, to initiate proceedings in the courts of any other state, country, or territory in which End User resides, or in which any of End User’s assets are located.
FCC Compliance Statement:
This device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.
Non-modification Warning Statement:
Any changes or modifications to this device not explicitly approved by the manufacturer could void your authority to operate this equipment.
RF Exposure Warning Statement:
This equipment complies with FCC radiation exposure limits set forth for an uncontrolled environment and meets the FCC radio frequency (RF) Exposure Guidelines. This equipment should be installed and operated keeping the radiator at least 20cm or more away from person’s body.
INDUSTRY CANADA (IC) STATEMENTS
Industry Canada (IC) Warning:
Le present appareil est conforme aux CNR d’Industrie Canada applicables aux appareils radio exempts de licence. L’exploitation est autorisee aux deux conditions suivantes: (1) appareil ne doit pas produire de brouillage, et (2) l’utilisateur de l’appareil doit accepter tout brouillage radioelectrique subi, meme si le brouillage est susceptible d’en compromettre le fonctionnement.
This device complies with Industry Canada license-exempt RSS standard(s). Operation is subject to the following two conditions: (1) This device may not cause interference, and (2) This device must accept any interference, including interference that may cause undesired operation of the device.
With Bluebot by Lookout, you can view, track and analyze your water consumption and activity with an app from Lookout or a third party; share access with friends, family, and trusted services; see access history; and manage everything from a web browser. To use Bluebot with a property manager, your property manager may provide us with your name, email address, and phone number in order to create your Lookout account. If your property manager has enabled an integration between their property management software and Lookout, then we may receive this information directly from the property management software. If you create your Lookout account yourself, you can submit this information directly to Lookout.
When you use a product such as a Bluebot or Lookout App, we may collect information about how you use the product. For example, with the Lookout App, we may collect information that tells us if something isn’t working properly or how often a particular feature is used.
Your personal device has a lot of sensitive information on it, which is why we only collect information that is necessary to provide our services to you, improve them, diagnose issues, and ensure that only an authorized user is accessing your space. When you use Bluebot from your phone, computer, or other personal device, we automatically collect device-specific information such as unique device identifiers, network information, IP address, hardware model, the ways in which your personal device interacts with Bluebot, and device status. See “Location information” for our strict policies around the use of location information.
When you give us access to your personal device’s contacts, we only collect the contact information for the person you want to access the Lookout App and to provide instructions to install the Lookout App.
When you open a message from us, such as an email, SMS, or push notification, we may collect information such as whether you opened or saw the message in order to improve our messaging to you.
If you purchase Lookout’s products or services—for example, if you are a property owner or manager paying for your Lookout account—then we may collect your financial information, such as your credit card number, billing address, and shipping address. Your financial information is stored by our payment processor and is governed by their terms of service. We may request your financial information from them to carry out transactions that you have initiated, protect against fraudulent activities, and comply with local laws. See the section “Our service providers” on how we strictly limit what our service providers can do with your information.
Lookout has a few marketing channels that help us to raise awareness about our products and services, and other services that may be useful for you. In these channels, such as Lookoutlab.com, we allow you to submit your personal information if you’d like to find out more about our products or want to subscribe to our marketing communications. This personal information may include name, title, company name, phone number, email, and postal address. See “Education, announcements, and offers” to learn more about how we specifically use your information for marketing. If you do not wish to receive these communications, you may opt not to submit your information or opt out of the communications from within the email, text message, or Lookout’s products. The law on privacy and opting in/out can change frequently around the world, and we strive to keep current and comply with all applicable regulations.
In jurisdictions that allow it, we may purchase contact information from third party datasets of people who are involved in the development, design, management, or installation of a dwelling, such as building developers and property managers. We will also never purchase your contact information for marketing purposes if doing so infringes on local laws. You may opt out of any marketing communications through the means by which we sent it—for example, through an unsubscribe link if we contacted you by email.
We may collect anonymized and aggregated information about how our users use third party trusted services through Lookout’s products and services, such as irrigation management. For example, we may collect information about how many residents at Lookout-enabled properties use laundry services. Trusted services may also share with us information about your use of their services. We recommend familiarizing yourself with your trusted service providers’ privacy policies.
One of the reasons we use your personal information is to enable you to use Bluebot—for example, to view your water activity; share access with friends, family, and trusted services; and provide an access history of who is invited to view your Bluebot.
We try to make Lookout better every day. We analyze how you use Lookout products and services to fix bugs, improve reliability and speed, and design new features.
When you contact us with a query or an issue, we may use information from your device, user account, activity logs, prior communications with us, and access history to help diagnose the problem and provide effective assistance. For example, we may use your address to identify where a Bluebot is not working or your Bluebot device information in order to investigate any issues with that device.
We may send you communications about our products from time to time, such as announcing new features, letting you know about industry news, or sending you offers for trusted services that you may find useful, such as discounts on products or plumbing services. If you do not wish to receive these notifications, you may opt out of them from within the email, text message, or Lookout App.
We never share your personal information to third parties for the purposes of marketing or advertising to you.
We use your IP address when you use our products or visit our website to identify the region where you are using Bluebot in order to provide a more personalized experience, such as offering additional language and dollarization of consumption options. We do not track your location over time, and we do not share your location with third parties.
We may use anonymized and aggregated information to better understand industry and community trends and enhance and market our products and services.
When personal information is shared or disclosed
When you choose to share access to a Bluebot, we may disclose your name, address, and contact information to the other Lookout users, such as friends, family, or trusted services you invite so that they know who has given them access and where your Bluebot is located. If applicable, we may disclose your name and contact information to property management so that they may fulfill your requests and maintain the safety of a property.
From time to time, we use service providers to provide and improve our products and services, such as for customer support, financial transactions, product delivery and fulfillment, and data storage. Our service providers will have access to your contact information, product usage information, usage history, and, when applicable, financial information, provided, however, only for the purpose of performing these tasks on our behalf.
Our service providers may not disclose your data received through your use of a Bluebot to other third parties or use it for other purposes, such as their own marketing programs.
We may access, preserve, and disclose any information we store associated with you to external parties in order to comply in good faith with law enforcement or national security legal orders, such as a court order, warrant, or subpoena; to protect our users and Lookout; and to enforce our policies or contracts.
We may also use Google Analytics to collect information regarding visitor behavior and visitor demographics on our products and wervices. For more information about Google Analytics, please visit Google’s Privacy & Terms page. You can opt out of Google’s collection and processing of data generated by your use of Lookout by going to this page.
With many browsers and websites no longer honoring the expired Do Not Track (“DNT”) standard, Lookout websites do not change their behavior if they receive DNT signals from web browsers.
Lookout does not sell your personal information
At Lookout, we do not and will not sell your personal information.
We do not knowingly collect personal information from children and Lookout products and services are not intended for anyone under the age of 13. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information.
Maintaining your privacy and security in a transparent way is very important to us. You can access a copy of the personal information we have collected and the categories of information that we have shared with our service providers in order to provide our products and services to you at any time.
We’ve also made it possible for you to request that we delete your personal information and have attempted to make that as easy as possible for our users. Email support@Lookoutlab.biz with your name and Lookout account email and we will process your request. We will delete whatever is technically, procedurally, and legally possible in response to your request while ensuring that we can still maintain the security, debugging, and legal and compliance requirements to which we are subject. If it is more convenient for you, you may also designate an authorized agent to make requests on your behalf. To do so, we will request a signed letter from you verifying who your designated authorized agent is as well as government identification (ID) proving the identity of your authorized agent.
To protect the security and integrity of your personal information, before deleting or providing you with access to it, we’ll need to verify your identity by asking you to provide a few pieces of information such as your Lookout account contact information, government ID, a verification code, or further identifying information. If we are unable to verify your identity, we may not be able to complete your request.
You may keep your information accurate, complete, and up to date through our products in most cases, or by contacting support@Lookoutlab.biz.
If you live in Canada, you are entitled to access any personal information that we have collected, used, or disclosed about you. If you’d like to make a request, please send a signed letter to support@Lookoutlab.biz. We may require additional information from you in order to verify your identity and fulfill your request.
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for their direct marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please send a signed letter to support@Lookoutlab.biz. We may require additional information from you in order to verify your identity and fulfill your request.
We will never discriminate against you for exercising your CCPA or other privacy rights. For example, we will not deny goods or services to you, charge a different price for products, or provide or suggest a different quality of service to you.