PowerSeries Neo Go app - End User License Agreement (EULA) - English

IMPORTANT - READ THIS END-USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE DOWNLOADING THIS APPLICATION OR ANY PORTION THEREOF FROM GOOGLE PLAY STORE OR APPLE APP STORE, INSTALLING, COPYING OR USING THE APPLICATION.


THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU AND TYCO SAFETY PRODUCTS CANADA LTD. (“TYCO”), AND GOVERNS YOUR USE OF THE APPLICATION ACCOMPANYING THIS EULA, WHICH APPLICATION INCLUDES MOBILE APPLICATION SOFTWARE AND MAY INCLUDE MEDIA, PRINTED MATERIALS, AND "ON-LINE" OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, THE "APPLICATION" OR THE “MOBILE APPLICATION”). BY DOWNLOADING THE APPLICATION OR INSTALLING, COPYING OR OTHERWISE USING THE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS EULA, DO NOT OPEN, DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE APPLICATION.

 

1.              SCOPE OF LICENSE.  The Application may include mobile application code, program files and any associated media, hardware or Application keys, printed material and electronic documentation.  The Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and intellectual property rights in and to the Application (including but not limited to any images, photographs, and text incorporated into the Application), the accompanying printed materials, and any copies of the Application, are owned by Tyco and/or its suppliers. The Application is licensed, not sold.  All rights not expressly granted under this EULA are reserved by Tyco and its suppliers.  If you download the Application from Apple App Store, the terms of this EULA supplement Apple’s Licensed Application End User License Agreement, the terms of which are hereby incorporated into this EULA.  In the event of any inconsistency between the terms of this EULA and the Licensed Application End User License Agreement, the Licensed Application End User License Agreementshall apply.

 

2.              GRANT OF LICENSE.  This EULA grants you the following rights on a non-exclusive basis:

 

This EULA permits you to use the Application for which you have purchased this EULA.

 

3.              OTHER RIGHTS AND LIMITATIONS.  Your use of the Application is subject to the following additional limitations.  Failure to comply with any of these restrictions will result in automatic termination of this EULA and will make available to Tyco other legal remedies.

 

a.       Limitations on Reverse Engineering and Derivative Works.  You may not reverse engineer, decompile, or disassemble the Application, and any attempt to do so shall immediately terminate this EULA - except and only to the extent thatsuch activity may be expressly permitted by applicable law notwithstanding this limitation. You may not make any changes or modifications to any portion of the Application, or create any derivative works, without the written permission of an officer of Tyco (except as provided in Section 3(f) of this EULA with respect to “open source” software). You may not remove any proprietary notices, marks or labels from the Application. You shall institute reasonable measures to ensure compliance with the terms and conditions of this EULA by your personnel and agents.

 

b.       Copyright Notices.  You must maintain all copyright notices on all copies of the Application.

 

c.       Transfer.  You may only transfer your rights under this EULA (i) as part of a permanent sale or transfer of all of the devices for which the Application is licensed as applicable; (ii) if you transfer all of the Application (including all component parts, the media and printed materials, any upgrades and this EULA); (iii) if you do not retain any copies of any portion of the Application; (iv) if the recipient agrees to the terms of this EULA; and (v) if the Application is an upgrade, such transfer must also include all prior versions of the Application.  You agree that failure to meet all of these conditions renders such transfer null and void.

 

d.       Termination.   Without prejudice to any other rights, Tyco may terminate this EULA if you fail to comply with the terms and conditions herein. In such event, you must immediately destroy all copies of the Application and all of its component parts. 

 

e.       Subsequent EULA.  Tyco may also supersede this EULA with a subsequent EULA pursuant to providing you with any future component, release, upgrade or other modification or addition to the Application.  Similarly, to the extent that the terms of this EULA conflict with any prior EULA or other agreement between you and Tyco regarding the Application, the terms of this EULA shall prevail.

 

f.        Incorporation of “Open Source” and other Third Party Software.  Portions of the Application may be subject to certain third party license agreements governing the use, copying, modification, redistribution and warranty of those portions of the Application, including what is commonly known as “open source” software.  A copy of each applicable third party license can be found in the “About” screen of the Application.  Such open source software is not subject to any warranty or indemnity set forth in this EULA.   By using the Application you are also agreeing to be bound to the terms of such third party licenses.  If provided for in the applicable third party license, you have a right to receive source code for such software for use and distribution in any program that you create, so long as you in turn agree to be bound to the terms of the applicable third party license, and your programs are distributed under the terms of that license.  A copy of such source code may be obtained free of charge by contacting your Tyco representative. 

 

g.       Trademarks.  This EULA does not grant you any rights in connection with any trademarks or service marks of Tyco, its affiliates or its suppliers.

 

h.       Rental.  You may not sublicense, rent, lease or lend the Application. You may not make it available to others or post it on a server or web site or otherwise distribute it.

 

i.        Demonstration and Evaluation Copies.  A demonstration or evaluation copy of the Application is covered by this EULA; provided that the licenses contained herein shall expire at the end of the demonstration or evaluation period.

 

 

j.        Additional Restrictions.  The Application may be subject to additional restrictions and conditions on use as specified in the documentation accompanying such Application, which additional restrictions and conditions are hereby incorporated into and made a part of this EULA.

 

k.       Upgrades and Updates.  To the extent Tyco makes them available, Application upgrades and updates may only be used to replace all or part of the original Application that you are licensed to use. 

 

4.              EXPORT RESTRICTIONS.  You agree that you will not export, re-export or transfer any portion of the Application, or any direct product thereof (the foregoing collectively referred to as the "Restricted Components"), to IRAN, NORTH KOREA, SYRIA, CUBA and SUDAN, including any entities or persons in those countries, either directly or indirectly (“Tyco’s Position”).  You also agree that you will not export, re-export or transfer the Restricted Components to any other countries except in full compliance with all applicable governmental requirements, including but not limited to applicable economic sanctions and constraints administered by the U.S. Treasury Department and applicable export control measures administered by the U.S. Department of Commerce and U.S. Department of State, any other U.S. government agencies, and measures administered by the European Union or the government agencies of any other countries.  Any violation by you of the applicable laws or regulations of the U.S. or any other government, or where you breach Tyco’s Position notwithstanding whether or not this is contrary to any aforementioned applicable laws or regulations, will result in automatic termination of this EULA.

 

5.              U.S. GOVERNMENT RESTRICTED RIGHTS.  The Application is Commercial Mobile Application provided with "restricted rights" under Federal Acquisition Regulations and agency supplements to them. Any use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Application clause at DFAR 255.227-7013 et. seq. or 252.211-7015, or subparagraphs (a) through (d) of the Commercial Computer Application Restricted Rights at FAR 52.227-19, as applicable, or similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Tyco Safety Products Ltd., 3301 Langstaff Road, Concord, Ontario, Canada L4K 4L2.

 

6.              LIMITED WARRANTY.

 

Warranty. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MOBILE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.  YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.  TYCO FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE MOBILE APPLICATION.  TYCO SHALL NOT BE RESPONSIBLE FOR PROBLEMS CAUSED BY CHANGES IN THE OPERATING CHARACTERISTICS OF THE DEVICE(S) UPON WHICH THE MOBILE APPLICATION IS OPERATING, OR FOR PROBLEMS IN THE INTERACTION OF THE MOBILE APPLICATION WITH NON-TYCO APPLICATION OR HARDWARE PRODUCTS. TYCO NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON PURPORTING TO ACT ON ITS BEHALF TO MODIFY OR TO CHANGE THIS WARRANTY, NOR TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY CONCERNING THIS APPLICATION.

 

7.              LIMITATION OF LIABILITY & EXCLUSION OF DAMAGES.

 

a.       LIMITATION OF LIABILITY.  IN NO EVENT WILL TYCO’S AGGREGATE LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS) ARISING FROM OR RELATED TO THIS EULA, OR THE USE OF THE APPLICATION, EXCEED THE GREATER OF THE AMOUNT OF FEES YOU PAID TO TYCO OR ITS RESELLER FOR THE APPLICATION THAT GIVES RISE TO SUCH LIABILITY AND FIVE CANADIAN DOLLARS (CAD$5.00). BECAUSE AND TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, THESE MAY NOT APPLY TO YOU.

 

b.       EXCLUSION OF OTHER DAMAGES. UNDER NO CIRCUMSTANCES SHALL TYCO OR ANY OF ITS RESELLERS OR LICENSORS BE LIABLE FOR ANY OF THE FOLLOWING: (I) THIRD PARTY CLAIMS; (II) LOSS OR DAMAGE TO ANY SYSTEMS, RECORDS OR DATA, OR LIABILITIES RELATED TO A VIOLATION OF AN INDIVIDUAL'S PRIVACY RIGHTS; OR (III) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR COVER DAMAGES (INCLUDING LOST PROFITS AND LOST SAVINGS), IN EACH CASE EVEN IF TYCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY OUTPUT FROM THE APPLICATION, AND FOR ANY RELIANCE THEREON.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY THOSE LAWS.

 

8.              GENERAL.  If any provision of this EULA is found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this EULA and shall not affect the validity and enforceability of the remaining provisions. You should retain proof of the license fee paid, including model number, serial number and date of payment, and present such proof of payment when seeking service or assistance covered by the warranty set forth in this EULA.  This EULA is governed by the laws of the Province of Ontario, Canada, without regards to its conflicts of law principles.  The parties hereby irrevocably agree that they submit themselves to the personal jurisdiction of the provincial and federal courts of the Province of Ontario for purposes of resolving any and all disputes arising under or related to these terms and conditions.  The parties specifically exclude the application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods.

 

WARNING:  The Mobile Application is intended to be an extension of the system, not your primary user interface. Tyco recommends that the entire system be completely tested on a regular basis. However, despite frequent testing, performance of  the Mobile Application is subject to various factors including how the system is installed, the panel’s internet connection, occasional server down-time due to maintenance, issues with the cellular network, criminal tampering or electrical disruption, it is possible for the Mobile Application to fail to perform as expected.





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