Shark POWERDETECT RV2820VEEU Serie Gebrauchsanweisung Seite 14

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 the Software ("Ayla Application Libraries") and enables SharkNinja devices to
connect to the Ayla Cloud Service ("Ayla Embedded Software").
5.2 You must not use the Ayla Application Libraries except as an incorporated portion of the Software,
unmodified from the form provided to you.
5.3 You must not use the Ayla Embedded Software except as an incorporated portion of your SharkNinja
device, unmodified from the form provided to you.
5.4 You must not reverse engineer, decompile, or disassemble the Ayla Application Libraries or the
Ayla Embedded Software, except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
5.5 SharkNinja retains ownership of all intellectual property rights in the Ayla Application Libraries and the
Ayla Embedded Software incorporated into the Software.
5.6 You must not use the Ayla Application Libraries or Ayla Embedded Software to attempt to gain
unauthorised 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 Software, 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 commit a
material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the
service of written notice requiring you to do so. Upon termination for any reason, all rights granted to you
under this EULA shall cease, you must cease all activities authorised by this EULA, and you must immediately
delete or remove the Software from all computer equipment in your possession and immediately destroy or
return to us (at our option) all copies of the Software then in your possession, custody or control.
7. OUR RESPONSIBILITY FOR LOSS AND DAMAGE CONSUMERS SUFFER.
7.1. The Software is for domestic and private use. If you use the Software for any commercial, business
or resale purpose we will have no liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
7.2 You acknowledge that the Software has not been developed to meet Your individual requirements, and that it is
therefore Your responsibility to ensure that the Software as described in the Documents meets your requirements.
7.3 We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this EULA or
our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not
foreseeable, except as set out at 7.3 to 7.4 below. Loss or damage is foreseeable if either it is obvious that
it will happen or if, at the time this EULA came into force, both we and you knew it might happen.
7.4 If defective digital content that we have supplied damages a device or digital content belonging to you,
then, in accordance with section 46 of the Consumer Rights Act 2015, we will either repair the damage
or pay you compensation. However, we will not be liable for damage that you could have avoided by
following our advice to apply an update or upgrade offered to you free of charge or for damage that
was caused by you failing to correctly follow installation instructions or to have in place the minimum
system requirements advised by us.
7.5 If you bought the SharkNinja device directly from SharkNinja or one of its group companies, we or our
group company, as the seller, may be responsible to you under the contract of sale for loss or damage
caused by your use of the Software. You can find our terms and conditions of sale here: https://
ninjakitchen.co.uk/terms-and-conditions . If you bought the SharkNinja device from another company,
they may have a similar responsibility to you.
7.6 Many SharkNinja products come with a free manufacturer's guarantee. If you suffer loss or damage as a result
of using the Software, you may be able to claim under the guarantee. You can find the terms of our guarantee
here: https://support.ninjakitchen.co.uk/hc/en-gb/articles/360013838359-Ninja-Guarantee-Terms-Conditions.
7.7 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This
includes liability for death or personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
8. APPLICABLE LAW AND JURISDICTION. This EULA is governed by English law and you can bring legal
proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal
proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland
you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
9. ASSIGNMENT. We may transfer our rights and obligations under this EULA to another organisation. We
will always tell you in writing if this happens and we will ensure that the transfer will not affect your
rights under the EULA.
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TWO (2) YEAR LIMITED GUARANTEE
When a consumer buys a product in Europe, they get the benefit of legal rights relating to the quality of the
product (your statutory rights). You can enforce these rights against your retailer. However, at Shark® we are so
confident about the quality of our productsthat we give you an additional manufacturer'sguarantee of two years.
These terms and conditions relate to our manufacturer's guarantee only – your statutory rights are unaffected.
The conditions below describe the prerequisites and scope of our guarantee. They do not affect your statutory
rights or the obligations of your retailer and your contract with them.
Shark® Guarantees
Your Shark unit constitutes a sizeable investment. Your new fan needs to work properly for as long as
possible. The guarantee it comes with is an important consideration - and reflects how much confidence the
manufacturer has in its product and manufacturing quality. Every Shark machine comes with a free parts and
labour guarantee. You'll also find online support at sharkclean.eu
How do I register my Shark guarantee?
You can register your guarantee online within 28 days of purchase. To save time, you'll need the following
information about your fan
• Date you purchased the unit (receipt or delivery note).
• To register online, please visit sharkclean.eu
IMPORTANT:
• The guarantee will only cover your product from the date of purchase.
• Please keep your receipt at all times. Should you need to use your guarantee we will need your receipt to
verify the information you have supplied to us is correct. The inability to produce a valid receipt may invalidate
your guarantee.
What are the benefits of registering my free Shark guarantee?
When you register your guarantee we'll have your details to hand if we ever need to get in touch.You can also
receive tips and advice on how to get the best out of your Shark unit and hear the latest news about new Shark®
technology and launches. If you register your guarantee online, you'll get instant confirmation that we've
received your details.
How long are new Shark machines guaranteed for?
Our confidence in our design and quality control means that your new Shark unit is guaranteed for a total of two years.
What is covered by the free Shark guarantee?
Repair or replacement of your Shark machine (at Shark's discretion), including all parts and labour. A Shark
guarantee is in addition to your legal rights as a consumer.
What is not covered by the free Shark guarantee?
1. Normal wear and tear of wearable parts (such as accessories). Replacement parts are available for purchase
at sharkclean.eu
2. Damage caused by misuse, abuse, negligent handling, failure to perform required maintenance or damage
due to mishandling in transit.
3. Damage caused by maintenance not authorised by Shark.
Where can I buy genuine Shark spares andaccessories? Shark spares and accessories are developed by the
same engineers who developed your Shark unit. You'll find a full range of Shark spares and replacement
parts/accessories for all Shark machines at sharkclean.eu Please remember that damage caused by the
use of non-Shark spares may not be covered under your guarantee.
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