This device requires the use of preloaded software in its normal operation. By using this device, or its software, you accept the terms of this EULA. If you do not accept these terms, do not use the device or the software.
By using your BLU device your technical metadata (model, serial number, IMEI, etc.) will be collected by BLU, along with any personal identifiable information about the user in order to determine the use, and log any pertinent information about your software so that BLU may debug and improve any existing problems within the software.
BLU servers will store these logs in regards to how your device is used anonymously, and the content of any messages, call logs, or browsing history will never be collected unless required to do so by an applicable court order, or other valid legal process.
BLU will retain any personal identifiable information (“PII”) that it collects through our software while you have an active BLU device. By using BLU devices, you are allowing your information associated with your device to be moved from your country of residence to the United States or any country where this data is stored.
BLU uses industry standard security methods and procedures to protect the information that it collects, but you acknowledge that, like all Internet-connected systems, BLU will not be responsible for the failure of its security except in cases of gross negligence or intentional wrongdoing.
BLU limits the disclosure of your PII to only the third parties used to fulfill obligations or services for BLU users. These companies have access to personal information needed to perform their services or functions, but may not use it for other purposes without the sole permission of the user.
If you no longer wish to receive communications from BLU, please reach out to firstname.lastname@example.org. Please keep in mind, refusing to provide personal information or denying or withdrawing consent to use personal information as identified in this privacy statement may make you unable to participate in certain BLU programs or software updates.
By helping to improve BLU products, you allow the collection of usage statistics which define how you use your device. Opting out of this will still allow BLU to collect this information anonymously, without any PII associated to the data.
Enhanced Device Support allows BLU to utilize collected data in order to tailor our customer experience to our users. By opting out, you may miss on future customer experience roll outs, as well as mail outs offering the latest news on BLU Products.
Certain items of the software may be subject to open source licenses. These licenses and provisions may supersede some of the terms of this EULA. We would be happy to make the open source licenses available to you, if you reach out to us directly at www.bluproducts.com/service.
Website data collection:
BLU reserves all rights not expressly granted to you in this EULA. The software is protected by copyright and other intellectual property laws and treaties. BLU owns the title, copyright, and other intellectual property rights in the software. The software is licensed, not sold.
Users may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms therein. Except, and only to the extent that such activity is expressly permitted by applicable law, not withstanding this limitation.
To provide updates to BLU Software, you agree that BLU and its affiliates may collect and use technical information gathered as part of the product support services related to the Software provided to you, such as IMEI (your device's unique identification number), device number, model name, your device's current SW version, MCC (Mobile Country Code), and MNC (Mobile Network Code). BLU may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in any form that personally identifies you.
BLU may provide to you, or make available updates, upgrades, supplements, and add-on components (if any) of the software, including bug fixes, service upgrades, and enhancements to any software previously installed. This is to improve the software and ultimately improve the user experience with your device. This EULA applies to all and any component of the update that BLU may provide to you, unless specified otherwise in the newer software.
Some features of the software may require your device to have access to the internet and may be subject to restrictions imposed by your network or ISP. Unless your device is connected to the internet through Wi-Fi connection, the software will access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the software may be affected by the suitability and performance of your data access.
You acknowledge that the software is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to the software, including all applicable export restriction laws and regulations.
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BLU will not be liable for any damages of any kind arising out of or relating to the use or the inability to use the software or any third party application, its content or functionality, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, failure to connect, network charges, in-app purchases, and all other direct, indirect, special, incidental, exemplary, or consequential damages even if BLU has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you. Notwithstanding the foregoing, BLU Products, INC.’s total liability to you for any losses, damages, causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of the software or any third party therein, or any other provision of this EULA, shall not exceed the amount purchaser paid specifically for this mobile device or any such third party application that was included with this mobile device. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
The software is licensed only with restricted rights, and as commercial items consisting of commercial software and commercial software documentation with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All products are provided with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All software and products are provided subject to Federal Acquisition Regulation (FAR) 52.227.19
ALL DISPUTES WITH BLU ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute shall not be combined or consolidated with a dispute involving any other person's or entity's Products or claim, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes. This arbitration provision is entered pursuant to the Federal Arbitration Act. The laws of the State of Florida, without reference to its choice of laws principles, shall govern the interpretation of the Limited Warranty and all disputes that are subject to this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the Limited Warranty. This arbitration provision also applies to claims against BLU's employees, representatives and affiliates if any such claim arises from the Products' sale, condition or performance.
If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
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