End
User License Agreement - Nortek Security & Control e3 Series
IMPORTANT:
THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT
BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE
ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND NORTEK SECURITY &
CONTROL LLC. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A
LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND
LIABILITY DISCLAIMERS. BY USING THE SOFTWARE, YOU ARE CONFIRMING YOUR
ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO
NOT USE THE SOFTWARE.
1. Definitions
1. “Nortek Security & Control” means Nortek Security & Control LLC.
2. “Product” means only the Nortek Security &Control e3 Series and
other Nortek Security & Control products.
3.
“Software” means only the Nortek Security & Control software
program(s) and third party software programs, in each case, provided by
Nortek Security & Control in connection with the Products, and may
include corresponding documentation, associated media, printed
materials, and online or electronic documentation, and all updates or
upgrades of the above that are provided tor you.
2. License Grants
1. You may use the Software on an e3 Series product; provided, however,
that, notwithstanding anything contrary contained herein, you may not
use the Software on any non-Nortek Security & Control product or
device, including, but not limited to, mobile devices, internet
appliances, set top boxes (STB), home automation systems or any other
consumer electronics devices. You may upgrade the Software on an Nortek
Security& Control e3 Series product following procedures authorized by
Nortek Security & Control.
2. You agree that
Nortek Security & Control may audit your use of the Software for
compliance with these terms at any time,upon reasonable notice.In the
event that such audit reveals any use of the Software by you other than
in full compliance with the terms of this Agreement, you shall
reimburse Nortek Security & Control for all reasonable expenses
related to such audit in addition to any other liabilities you may
incur as a result of such non-compliance.
3. Your license rights under this EULA are non-exclusive.
3. License Restrictions
1. You may not make or distribute copies of the Software, or
electronically transfer the Software from a Nortek Security &
Control product to another Nortek Security & Control product, or to
a computer or over a network.
2. You may not
alter, merge, modify, adapt or translate the Software, or decompile,
reverse engineer, disassemble, or otherwise reduce the Software to a
human-perceivable form.
3. You may not sell, rent, lease, or sublicense the Software.
4. You may not modify the Software or create derivative works based upon the Software.
5. You may not export the Software into any country prohibited by the
United States Export Administration Act and the regulations thereunder.
6. In the event that you fail to comply with this EULA, Nortek Security
& Control may terminate the license and you must stop using this
Software and stop operating the Nortek Security &Control e3 Series
product (with all other rights of both parties and all other provisions
of this EULA surviving any such termination).
7.
You shall not use the Software to develop any software or other
technology having the same primary function as the Software, including
but not limited to using the Software in any development or test
procedure that seeks to develop like software or other technology, to
determine communications protocols used by the Nortek Security &
Control e3 Series Product or to determine if such software or other
technology performs in a similar manner as the Software.
8. You may not extract any JavaScript from the Software and use it in some other application.
4. Ownership
The
foregoing license gives you limited license to use the Software. Nortek
Security & Control and its licensors and suppliers retain all
right, title and interest, including all copyright and intellectual
property rights, in and to, the Software and all copies thereof. All
rights not specifically granted in this EULA, including Federal and
International Copyrights, are reserved by Nortek Security &Control
and its suppliers.
5. WARRANTY DISCLAIMER
1. THE SOFTWARE IS PROVIDED TOYOU ON AN “AS-IS” BASIS. NORTEK SECURITY
& CONTROL PROVIDES NO TECHNICAL SUPPORT,WARRANTIES OR REMEDIES FOR
THE SOFTWARE.
2. NORTEK SECURITY & CONTROL
AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES AND
REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ALSO,THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET
ENJOYMENT. NORTEK SECURITY
& CONTROL DOES NOT WARRANT THAT THE
SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS
OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON
YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT FAULT
TOLERANT, AND IS NOT DESIGNED, INTENDED OR LICENSED FOR SECURITY
SYSTEMS USE OR ANY OTHER USE IN HAZARDOUS ENVIRONMENTS REQUIRING
FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN,
CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE
SUPPORT OR WEAPONS SYSTEMS. NORTEK SECURITY & CONTROL SPECIFICALLY
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
3. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE
SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY(90)
DAYS FROM THE DATE OF DELIVERY.
4. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY NORTEK SECURITY & CONTROL,
ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
5. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL
RIGHTS THAT VARY FROM STATE TO STATE.
6. NORTEK
SECURITY & CONTROL SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS
BEEN ALTERED IN ANY WAY,OR FOR ANY FAILURE THAT ARISES OUT OF USE OF
THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION.
Restrictions.
This warranty does not apply to any Nortek Security & Control
Products that:(a) have been altered, except by Nortek Security &
Control or with the written permission of Nortek Security &
Control, (b) have not been installed, operated, repaired, or maintained
in accordance with instructions supplied by Nortek Security
&
Control, (c) have been subjected to abnormal physical or electrical
stress, misuse, negligence, or accident, (d) are licensed, for beta,
evaluation, testing or demonstration purposes; or (e) are systems for
which Nortek Security &Control has not received a payment of
purchase price or license fee.
6. LIMITATION OF LIABILITY
1. NEITHER NORTEK SECURITY & CONTROL NOR ITS LICENSORS OR SUPPLIERS
SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS
DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE
LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND
BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF NORTEK SECURITY & CONTROL OR ITS REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE.
2. NORTEK SECURITY & CONTROL’S AND
IT’S LICENSORS AND SUPPLIERS TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGESF
OR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR
THE SOFTWARE THAT CAUSED SUCH DAMAGE.
3. (USA
only) SOME STATES DO NOT ALLOWTHE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE.
4. THE FOREGOING
LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS
EULA. The Warranty Disclaimer and Limited Liability set forth above
inure to the benefit of Nortek Security &Control’s
licensors and suppliers.
7. Software Transfer Allowed But With Restrictions.
You
may permanently transfer rights under this EULA only as part of a
permanent sale or transfer of the Nortek Security & Control
product, and only if the recipient agrees to this EULA. If the Software
is an upgrade, any transfer must also include all prior versions of the
Software.
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND.
This
Software and the documentation are provided with “RESTRICTED RIGHTS”
applicable to private and public licenses alike. Without limiting the
foregoing, use, duplication, or disclosure by the US Government is
subject to restrictions as set forth in this EULA and as provided in
DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS252.227-7013
(c)(1)(ii)(OCT 1988), FAR12.212(a)(1995), FAR52.227-19, or
FAR52.227-14, as applicable. Manufacturer: Nortek Security &
Control LLC, 1950 Camino Vida Roble, Suite 150, Carlsbad, CA92008-6517.
9. (Outside of the USA) Consumer End Users Only
The
limitations or exclusions of warranties and liability contained in this
EULA do not affect or prejudice the statutory rights of a consumer,
i.e., a person acquiring ooods otherwise than in the course of a
business.
The limitations or exclusions of warranties, remedies or
liability contained in this EULA shall apply to you only to the extent
such limitations or exclusions are permitted under the laws of the
jurisdiction where you are located.
10. Third Party Software
The
Software may contain third party software which requires notices and/or
additional terms and conditions. Such required third party software
notices and/or additional terms and conditions are listed below and are
made a part of and incorporated by reference into this EULA. By
accepting this EULA, you are also accepting the additional terms and
conditions, if any, set forth therein.
11. General
This
EULA shall be governed by the laws of the appropriate United States
jurisdiction, without giving effect to principles of conflict of laws.
In each case this EULA shall be construed and enforced without regard
to the United Nations Convention on the International Sale of Goods.
This
EULA contains the complete agreement between the parties with respect
to the subject matter hereof, and supersedes all prior or
contemporaneous agreements or understandings, whether oral or written.
You agree that any varying or additional terms contained in any
purchase order or other written notification or document issued by you
in relation to the Software licensed here under shall be of no effect.
The failure or delay of Nortek Security
& Control to exercise
any of its rights under this EULA or upon any breach of this EULA shall
not be deemed a waiver of those rights or of the breach.
No
Nortek Security & Control dealer, agent or employee is authorized
to make any amendment to this EULA. If any provision of this EULA shall
be held by a court of competent jurisdiction to be contrary to law,
that provision will be enforced to the maximum extent permissible, and
the remaining provisions of this EULA will remain in full force and
effect.
All questions concerning this EULA shall be directed to:
Nortek Security & Control 1950 CaminoVida Roble, Suite150,
Carlsbad, CA92008-6517
Nortek Security & Control and other
trademarks contained in the Software are trademarks or registered
trademarks of Nortek Security &Control LLC or its affiliates in the
United States and/or other countries.
All rights strictly
reserved. No part of this document may be reproduced, copied, adapted,
or transmitted in any form or by any means without written permission
fromNortek Security &Control LLC.
Corporate Office
Nortek Security &Control LLC
1950 CaminoVida Roble, Suite 150
Carlsbad, CA92008-6517
Tel: (800) 421-1587 / 760-438-7000
Fax: (800) 468-1340 / 760-931-1340
Technical Support
Tel: (800) 421-1587
Hours: 5:00 AM to 4:30 PM Pacific Time, Monday – Friday
Copyright ©2015 Nortek Security &Control LLC