Fairphone OS End User License Agreement
This agreement (the “Agreement”) provides the terms and conditions of use for the Fairphone OS, and any other software components and updates that we make available to you based on this Agreement (the “Software”). Please review it carefully and contact us in case of any unclarities. The Fairphone 2 requires the use of preloaded software in its normal operation. By using, downloading and installing the Software in any way, you agree 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.
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 (“Permitted Use”). 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. We provide you certain portions of the Software as open source (“Open Source Software”). In addition to this Agreement, by downloading, using and installing such Open Source Software, you agree to the applicable license terms.
You acknowledge that besides Fairphone’s own rights, the Software includes proprietary rights of third parties as well. For these portions of the Software (“Third Party Software”), we can only give you the rights of use that such third party 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. Remember that specific terms and conditions and limitations may apply to you in case of Third-Party 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. We will notify you of these changes through our communication platforms. However, it is your own responsibility to check the changes made.
Although we put a lot of effort in making the Software as good as possible, we cannot guarantee that it is error-free. Therefore you may experience some problems and interruptions in the use of Software. If so the case, please let us know as soon as possible.
For the Software embedded in the phone, we will provide you software updates throughout the two (2) years warranty period. However, for Third-Party Software, we depend on these third parties to make available the updates 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.
Keep in mind that we will only provide support and fixes for unmodified, officially released Software, to which all the latest updates have been applied.
We may collect anonymous diagnostics and usage information about your use of our Software, based on your prior express consent. The collected data can be used for the purposes of providing support services, further developing the Software.
When you download and/or install third party software on your phone, the developer or owner of such software 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. Our Privacy Application may help you with that.
Please note that specific applications (including those owned by Fairphone) or other software on your phone may have their own terms and conditions of use and disclaimer. Please make sure you understand and agree to these before using them.
If you do not agree with this Agreement, please return the purchased Fairphone incorporating the Software for a refund.
In case you fail to comply with this Agreement, we may terminate it through a notice sent to you. The termination will operate automatically from the moment when you receive the notice. In case of termination we will ask you to take all the reasonable actions measures we consider appropriate, including measures in regard to Software or indemnifications as a result of such termination.
Below you can find examples of non-compliances 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;
- Providing us false or misleading information;
- Encouraging or facilitating any third party to do any acts that would infringe this Agreement.