OS End User License Agreement Fairphone 4 and Fairphone 5
Fairphone Devices are shipped with Android OS. This agreement (the “Agreement”) provides the terms and conditions of use for Android OS, and any other software components and updates that we make available to the licensee (“You”) based on this Agreement (the “Software”). Please review it carefully and contact us in case of any unclarities. Fairphone devices require the use of preloaded software for its normal operation. By using, downloading and installing the Software in any way, You agree to use the Software in line with the terms and conditions of this Agreement.
The Software contains Fairphone proprietary rights and third-party proprietary rights. Fairphone and its third-party suppliers and licensors retain all rights, titles and interest in and to the Software.
The Software from Qualcomm Technologies Inc., (“QC”) is licensed to be used solely in conjunction with the usage of the Fairphone Device. For all Software related to QC, You may not distribute or make copies of the Software unless necessary for backup purposes if permitted hereunder. Should You make a copy of the Software, You shall ensure all proprietary rights and notices appear on any copies made.
Fairphone Proprietary Rights: Subject to the limitations in this Agreement, we are granting You a non-exclusive, non-assignable, free of charge license to the Software for personal, non-commercial use in conjunction with Your Fairphone device (“Permitted Use”). Title, ownership rights and intellectual property remain with Fairphone for all Software related to QC. You are entitled to transfer rights and obligations to the software to a third party, solely together with the device with which You received the software, provided the third party agrees in writing to be bound by the terms of this License. In case You would like to use the Software in a different manner than the Permitted Use, please contact us. Different terms and conditions may apply.
Third Party Proprietary Rights: You acknowledge that besides Fairphone’s own rights, the software includes proprietary rights of third parties, such as pre-installed applications by operators, as well. For these portions of the Software (“Third Party Software”), we can only give You the rights of use that such third parties allowed us to give You . Some Third Party Software is open source but some of it is not. Please check the Legal Notices section in the Settings menu of Your device for the applicable third party licenses that we are able to make available to You . The Legal Notices section can be found on Your Phone as follows:
- Tap Settings;
- Tap About Phone;
- Tap Legal Information.
Remember that specific terms and conditions and limitations may apply to You in the case of Third Party Software. These third parties are therefore beneficiaries of this Agreement and may directly enforce these terms.
For all Software related to QC, You may not (i) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law), attempt to derive the source code of or create derivative works based upon the Software; (ii) copy the Software (except for back-up or archival purposes); (iii) rent, lease, transfer, redistribute, sublicense or otherwise transfer the Software or any rights therein; or (iv) remove any proprietary notices or labels on the Software. Any such forbidden use shall immediately terminate Your license to the Software.
For all Software related to QC, You are not permitted to lease or rent, distribute or sublicense third-party proprietary rights or to use the Software in any other unauthorized manner. Further, no license is granted to You in the human readable code of the Software (source code). Except as to the limited copyright rights expressly provided herein, this Agreement does not grant You any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Software.
If and where applicable or allowed, You may submit to us Your own materials by integrating them into the Software, sending them to us, or by any other manner. In this case, You grant us a non-exclusive, royalty-free, worldwide and perpetual right to use, modify, distribute, and prepare derivative works of such material for the purposes of enabling You to use the Software in its intended manner. You will remain the owner of such material at all times. This clause applies, unless You inform us otherwise in writing.
We may change the terms and conditions applicable to this Agreement and/or to other documents referred by it. We may also change them for clarification purposes, based on Your feedback. However, it is your own responsibility to check the changes made.
The software embedded in the Product has been tested to work with the Product, however Fairphone does not warrant that software preinstalled by or on behalf of Fairphone on the Product (or subsequent updates and upgrades) will meet Your requirements, work in combination with any hardware or software not provided by us, will operate uninterrupted or error free, or that we will correct all software errors. The software is licensed “as-is” and “as available”, as such You bear the entire risk of using the software.
You may experience some problems and interruptions in the use of Software. If so, please let us know as soon as possible by contacting us here.
For the Software embedded in the Product, we will provide You with software updates throughout the manufacturer warranty period. However, for Third Party Software, we depend on these third parties to make the updates available in a timely manner (e.g., Google or our chipset provider Qualcomm). Even with the provisions of these updates, we do not guarantee that the Software will be error free.
Please allow us a reasonable amount of time to deal with identified errors.
Keep in mind that this warranty provision is applicable only to devices running the latest version of the unmodified and officially released Software by Fairphone, therefore we will only provide support and fixes for the unmodified and officially released Software by Fairphone. If You use another OS, You have to return to the official OS to receive warranty service.
We collect the IMEIs, serial numbers of devices, activation date, software version, and model to assess and improve company processes, such as stock management, warranty service, and sustainability impact. We may also collect anonymous diagnostics and usage information about your use of our Products. The collected data can be used for the purposes of providing support services, further improving the Software, and to track Fairphone’s progress towards sustainability impact. For any questions or queries, please contact email@example.com.
When You download and/or install third party software or specific applications on Your phone (“External Services”), the developer or owner of such external services may have access to Your personal data. Please make sure You understand and agree with how they will access and process Your data before downloading or installing the software. You agree to use External Services at Your own risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services and we are not liable for any such third-party External Services.
This Agreement is effective until terminated. You may terminate this Agreement at any time subject to the following conditions. Upon termination, You must stop using Your Fairphone and destroy any copies of Software or confidential information within Your control.
In case You fail to comply with this Agreement, Fairphone may terminate the Agreement through means of direct notice via the contact information You provided. The termination applies immediately upon receipt of such notice.
The below shall be considered non-exhaustive instances of non-compliance with this Agreement:
- Actions related to Software that may result in a breach of proprietary rights of third parties, without having the relevant permissions;
- Transmitting any worms or viruses, or codes of a destructive nature;
- Any actions such as collecting third parties personal data in violation of any data protection and/or privacy laws;
- Using our Software for any illegal, fraudulent or unauthorized purpose;
- Copying any elements of our proprietary Software, without our prior written consent;
- Circumventing or breaching any security or any authentication measures put in place by us or third parties;
- Providing us false or misleading information;
- Encouraging or facilitating any third party to do any acts that would infringe this Agreement.
To the maximum extent permitted by law, Fairphone disclaims all warranties including any implied warranties for a particular purpose and non-infringement.
You agree to hold harmless, indemnify and defend Fairphone, its licensors or suppliers, and their respective affiliates, officers, directors, and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims that You have violated any terms of this Agreement.
Nothing in this Agreement will limit or exclude Fairphone’s liability for personal injury or death or any other liability which the law states may not be excluded or limited. Fairphone will not be liable for any indirect damage or loss including but not limited to: a) loss of income, loss of business or business opportunity, loss of actual or anticipated profits or revenues, loss of goodwill or reputation b) loss due to any damage to and/or corruption or loss of data. In no event shall direct damages exceed the contract price per Product.
You agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdictions in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
Dutch law applies to this Agreement. All disputes arising in connection with this Agreement shall be brought before the competent Dutch court. Nothing in this agreement affects Your rights as a consumer to rely on mandatory provisions of local law.
The Software used in the Fairphond device may be subject to European and International export laws and regulations. You shall comply with all domestic and international export laws and regulations which are applicable to the Software e.g. restrictions on end use. You shall not export the Software in a manner which is contrary to the export laws and regulations applicable to You.
This Agreement and any documents referred to by it set forth the entire understanding and agreement between You and Fairphone, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in writing signed by both parties. The terms and conditions contained in this Agreement may not be modified by You except in a writing duly signed by an authorized representative of Fairphone.
Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
This Agreement and any documents referred to by it, and the Warranty Statement are part of the Terms and Conditions of Sale and shall be read and applied in conjunction with such documents.