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By installing or using the System, you agree to be bound by the terms and conditions in this End User License Agreement (“EULA”). You agree that you are the end-user of the System and you represent that you are of legal age and are authorized to enter into this EULA on behalf of yourself and any party to whom you grant access to the System.
1. LICENSE, LIMITS.
This EULA is for the use of certain Honeywell products and services, including Honeywell software for use on any Honeywell products and communications networks, Honeywell software allowing web-based interface and underlying functionality and access to Honeywell services, Honeywell web and mobile device applications software, and any Honeywell networks related to any of the foregoing (collectively, the “Honeywell Services” or “Services”) and the licensure of software products identified above, which includes computer and application software and may include associated media, printed materials, and "online" or electronic documentation, and any future versions, releases, updates, patches, error fixes and bug fixes of the above software ("Honeywell Software"). For convenience, we refer to the combination of products, software, and services we provide to you as the “System.”
The System includes software owned by Honeywell and software licensed to Honeywell, and is protected by United States and international copyright laws and treaties, as well as other intellectual property laws and treaties. The System is licensed to you, not sold. Subject to the terms of this EULA, Honeywell grants you a limited, non-exclusive, non-transferable license (without the right to sublicense except as set forth below) to use the System, and its related Honeywell Software, solely for your personal use with your home or business in the territory set forth on your order form. The foregoing license includes the right to install the Honeywell Software on your personal computer and/or mobile device and to use the Honeywell Software in conjunction with your licensed use of the System. Unregistered use, reproduction and distribution of the System is not permitted by Honeywell and is in violation of U.S. and international copyright laws and is subject to civil and criminal penalties. You are specifically prohibited from making or distributing any copies of the System. All rights of any kind in the System and all other rights of Honeywell, which are not expressly granted in this EULA, are entirely and exclusively reserved to and by Honeywell (including the software object code and source code). You may not rent, lease, copy, modify, or translate the System, or create derivative works based on the System. You may not alter or remove any of Honeywell’s copyright or proprietary rights notices or legends appearing on or in the System. You may not reverse engineer, decompile or disassemble the System. Except as expressly set forth herein, you may not make access to the System available to any third party, nor are you authorized to make the output generated by or the results of any performance or functional evaluation of the System available to any third parties.
If you are a central station or dealer, you shall have the right to sublicense access to security or lifestyle Systems solely to end users, provided each end user agrees to the terms of this EULA and all applicable fees are paid to Honeywell.
The System may contain or be derived from materials of third party licensors. Such third party materials may be subject to restrictions in addition to those listed in this EULA. You agree that any third party supplier shall have the right to enforce this EULA with respect to such third party’s software.
The System may contain Open Source Software that is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software. As used herein, the term “Open Source Software” means any software, program, module, code, library, database, driver or similar component (or portion thereof) that is royalty free, proprietary software, the use of which requires any contractual obligations by the user to a third party or any license that has been approved by the Open Source Initiative, Free Software Foundation or similar group.
If you subscribe to GPS Tracking Services as part of your System, you agree that you will only use the location based services in accordance with applicable law and as intended as described in the documentation provided with the Service. You acknowledge that Honeywell shall have no liability for your usage of the Service that does not comply with law or the intended purpose
2. PASSWORD AND ACCESS.
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form and (b) maintain and promptly update such information. You must create a username and password to access the System. If you are provided with a temporary username and password you must modify the temporary credentials and create your own username and password. You are responsible for maintaining the confidentiality of your password and account and you are fully responsible for all activities that occur under your password, account or any subaccount. You agree to (a) immediately change your password in the event of any breach of security, (b) notify your central station (if applicable) if you have experienced a breach of security, and (c) ensure that you exit from your account at the end of each session. You agree that the terms of this EULA will be binding upon and govern the relationship between Honeywell and any third party to whom you grant access to your account or permit to maintain a subaccount. You further agree to take any and all action necessary to ensure compliance with, and enforce the terms of, this EULA, and to indemnify Honeywell for any and all costs, damages, losses or expenses incurred in respect of such third party user. Honeywell will not be liable for any loss or damage arising from your failure to comply with this Section.
If your equipment does not work it may interfere with System network operations. The Federal Communications Commission may require that Honeywell have immediate access to your equipment in the event of an emergency. You agree to provide such access as is necessary in an emergency to either your central station or dealer or Honeywell network representatives as required.
You acknowledge and agree that you have the option to add additional parties to your account and such parties will have full or partial access to the System, including, but not limited to, the ability to view and change your daily schedule and thermostat and/or security or home automation settings and programming. You further acknowledge and agree that Honeywell has no responsibility to you with respect to the actions of such parties. Further, you acknowledge and agree that you have the option to include your contractor’s or dealer’s information in your account information and such party may receive alerts from the System regarding your home (e.g., in the event the temperature in your house drops below freezing or in the event of a security or safety breach) along with certain personally-identifiable information in order to be able to identify the source of the alert. Your contractor or dealer may contact you in the event it receives such alerts. You acknowledge and agree that Honeywell has no responsibility with respect to any actions or inactions on the part of such contractor.
You acknowledge and agree that Honeywell and its affiliates, service providers, suppliers, and dealers are permitted at any time and without prior notice to remotely push software and firmware updates, enhancements, changes, modifications, additional functionality or bug fixes to the System. You hereby consent to the foregoing and release Honeywell and its affiliates, service providers, suppliers, and dealers from any and all liability arising from such action.
3. TERM AND CANCELLATION; MODIFICATIONS TO SYSTEM; FEES.
This EULA is effective on the day you first use the System and will continue for so long as you continue to use the System and Services and to otherwise make any required System service payments. Honeywell may terminate this EULA at any time if you fail to comply with any of the terms hereof, including failure to make required System service payments, if applicable, effective immediately. If you have a contract with a dealer for certain Services, your right to use the Services is subject to your dealer or central station’s payment of all fees due to Honeywell for such Services and Honeywell may suspend or terminate your access to the Services in the event such party fails to pay for Services being provided by Honeywell or you fail to pay such party any sums otherwise due. Your payment to your dealer or central station monitoring company does not guarantee your right to the System Services. You may incur additional fees from third party providers in connection with your use of the System Services, an independent handheld device, or the internet, for data transmission, video clip or still image transmission, internet usage, SMS, short code or other transmission fees, charges or taxes. If Honeywell ceases supplying Services to you due to you or your dealer or central station’s failure to pay for Services, Honeywell will have no liability to you and you must look to your dealer or central station for the return of any amounts pre-paid by you to the central station or dealer. Depending on the Services contracted or subscribed to by you, Honeywell may also suspend or terminate a user account because of user inactivity. Depending on the Services contracted or subscribed by you, you may terminate this EULA upon written notice to Honeywell. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the System immediately. Honeywell reserves the right at any time and from time to time to charge for use of the System, and modify or discontinue, temporarily or permanently, the System (or any part thereof) with or without notice. You agree that Honeywell will not be liable to you or to any third party for any modification, suspension or discontinuance of the System. YOU UNDERSTAND AND AGREE THAT IF YOU MOVE YOU WILL DELETE YOUR ACCOUNT AND NO LONGER ACCESS THE HONEYWELL SYSTEM WITH RESPECT TO YOUR PRIOR ADDRESS. IF YOU HAVE A CONTRACT WITH A DEALER OR CENTRAL STATION YOU MUST NOTIFY IT IF YOU ARE MOVING TO TERMINATE YOUR ACCOUNT.
4. WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS.
THE SYSTEM IS PROVIDED AS IS, AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND HONEYWELL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE, PERFORMANCE OR NON-PERFORMANCE OF THE SYSTEM REMAINS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, HONEYWELL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SYSTEM.
HONEYWELL AND ITS THIRD PARTY SERVICE PROVIDERS HAVE NO LIABILITY FOR THE CHOICE OF ALARM DEVICES OR OTHER PRODUCTS INSTALLED AT YOUR PREMISES, THEIR INSTALLATION AND CONNECTION, OR OPERATION OF YOUR CENTRAL STATION OR DEALER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HONEYWELL DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR (1) THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT OR INFORMATION OR MATERIAL PROVIDED BY OR ACCESSIBLE THROUGH THE SYSTEM; AND (2) THE USE OF OR INABILITY TO USE THE SYSTEM; AND (3) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; AND (4) BREACHES OF SECURITY; AND (5) INFORMATION COMMUNICATED THROUGH MESSAGE BOARDS OR OTHER FORUMS; AND (6) ANY OTHER FAILURE TO PERFORM BY HONEYWELL; AND (7) DAMAGE, INJURY, OR LOSS OF LIFE OR DAMAGE TO PROPERTY.
IF HONEYWELL SHOULD NEVERTHELESS BE FOUND LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS, DAMAGE OR INJURY ARISING UNDER THIS AGREEMENT OR OTHERWISE, REGARDLESS OF CAUSE OR ORIGIN, ON ANY BASIS WHATSOEVER, (INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE), ITS TOTAL MAXIMUM LIABILITY IS LIMITED TO $1000.00 WHICH WILL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST HONEYWELL. IN ADDITION, IN NO EVENT WILL HONEYWELL OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE SYSTEM OR ANY COMPONENT THEREOF OR TO YOUR RELATIONSHIP WITH HONEYWELL, EVEN IF HONEYWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL HONEYWELL BE HELD LIABLE FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SYSTEM, ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
IN THE EVENT YOU (1) UTILIZE A NON-HONEYWELL APPLICATION TO CONTROL YOUR HONEYWELL PRODUCT; (2) CONNECT A NON-HONEYWELL DEVICE TO YOUR SYSTEM; (3) UTILIZE A THIRD PARTY API; OR (4) BECOME PART OF A THIRD PARTY CONNECTED HOME OR BUSINESS ECOSYSTEM, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL HONEYWELL BE RESPONSIBLE FOR THE ACCURACY, FUNCTIONALITY, RELIABILITY, AVAILABILITY, INTEROPERABILITY, LEGALITY OR USEFULNESS OF SUCH APPLICATION, DEVICE, API, OR ECOSYSTEM NOR WILL HONEYWELL BE LIABLE FOR ANY DAMAGES THAT MAY OCCUR AS A RESULT OF SUCH USE. USE OF A THIRD PARTY APPLICATION, DEVICE, API, OR ECOSYSTEM IS ENTIRELY AT YOUR OWN RISK AND EXPENSE.
5. NO GUARANTEE.
THERE IS NO GUARANTEE THAT THE SYSTEM WILL PROVIDE ADEQUATE WARNING IN ANY GIVEN SITUATION, OR THAT IT WILL NOT BE COMPROMISED OR CIRCUMVENTED BEFORE IT COMMUNICATES WITH ANY CENTRAL STATION IF YOUR ALARM SYSTEM IS CONNECTED TO ONE OR THAT IT WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS CAUSED BY BURGLARY, ROBBERY, FIRE, EXCESSIVE HEAT, COLD OR HUMIDITY OR OTHERWISE. FURTHER, THERE IS NO GUARANTEE THAT THE SYSTEM OR YOUR MOBILE DEVICE OR COMPUTER WILL TRANSMIT OR RECEIVE ALL SIGNALS SENT BY OR TO YOU OR YOUR CONTRACTOR, DEALER OR CENTRAL STATION REGARDING THE SYSTEM SERVICES YOU HAVE SUBSCRIBED TO, INCLUDING, BUT NOT LIMITED TO, SIGNALS REGARDING THE ACTIVATION OR DEACTIVATION OF YOUR ALARM SYSTEM OR HVAC SYSTEM. YOU ACKNOWLEDGE THAT HAVING A SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE A BURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU ACKNOWLEDGE THAT THE AVAILABILITY OF THE SYSTEM SERVICES IS DEPENDENT ON YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, YOUR INTERNET SERVICE PROVIDER, YOUR SATELLITE PROVIDER IN THE CASE OF GEOLOCATION SERVICES, AND YOUR MOBILE DEVICE CARRIER AND YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ALL FEES ASSOCIATED WITH SUCH USE AND FOR COMPLIANCE WITH ANY AGREEMENTS RELATED TO SUCH USE. YOU FURTHER ACKNOWLEDGE THAT HONEYWELL AND ANY NETWORK SERVICE PROVIDERS CANNOT GUARANTEE THE SECURITY OF ANY WIRELESS TRANSMISSION AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF ANY SERVICE. YOU AGREE THAT YOU WILL NOT RESELL ANY OF THE WIRELESS SERVICES PROVIDED TO YOU AS PART OF THE SYSTEM. HONEYWELL WILL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER LOSS BASED ON A CLAIM THAT THE SYSTEM FAILED TO GIVE WARNING OR ALERT OF ANY TYPE AND YOU HEREBY RELEASE HONEYWELL FROM ALL LIABILITY RESULTING THEREFROM. HONEYWELL MAKES NO GUARANTEE THAT THE SYSTEM WILL BE COMPATIBLE WITH ALL COMPUTERS OR HANDHELD DEVICES.YOU SHOULD FIRST TEST THOSE DEVICES AT HOME FOR COMPATIBILITY BEFORE USING THEM AWAY FROM HOME.
The failure of Honeywell to enforce at any time any of the provisions of this EULA will not be construed to be a continuing waiver of any provisions hereunder nor will any such failure prejudice the right of Honeywell to take any action in the future to enforce any provisions hereunder.
Software and technical information delivered under this EULA are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations, and you will be solely responsible for obtaining any import, export, re-export approvals and licenses required for such software any technical information, and retaining documentation to support compliance with those laws and regulations.
This EULA will be deemed entered into in the State of New York and will be governed by and construed according to the internal laws of the State of New York applicable to agreements executed and to be performed entirely within New York, without regard to conflict of law principles. Any action against any party to this EULA will be commenced only in the federal or state courts within the State of New York, which courts will have exclusive jurisdiction over such actions and proceedings and the parties hereby irrevocably consent to personal jurisdiction over them by such courts. You agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this EULA and is hereby disclaimed. It is understood and agreed that, notwithstanding any other provisions of this EULA, breach of any provision of this EULA by you may cause Honeywell irreparable damage for which recovery of money damages would be inadequate, and that Honeywell will therefore be entitled to obtain timely injunctive relief to protect Honeywell’s rights under this EULA in addition to any and all remedies available at law.
Honeywell has the right to audit your compliance with the terms and conditions of this EULA, including without limitation, ensuring that you are not using more than one copy of the Honeywell Software , or bypassing, the software keys to engage in unauthorized, unlicensed use of the Honeywell Software, and to immediately terminate your license in this EULA if an audit shows that you are in breach with any of the terms and conditions of this EULA, as well as to enforce all other rights and remedies available under this EULA or otherwise under law or at equity.
This EULA, your subscription agreement (if applicable) and Honeywell’s terms and conditions of sale that accompanied your purchase of any equipment (including your central station monitoring agreement if applicable) forms the entire agreement between you and Honeywell and supersedes in their entirety any and all oral or written agreements previously existing between you and Honeywell with respect to your access to and use of the System and related Services.
Neither this EULA nor any of the rights, interests or obligations provided by this EULA may be transferred or assigned by you without the prior written consent of Honeywell. Honeywell may assign this EULA, in whole or in part, in its sole discretion. This EULA will be binding upon the parties and each of their present and future officers, directors, employees, parents, subsidiaries, agents, successors, assigns, contractors, licensees, affiliates, family members and guests and authorized users.
The provisions of this EULA will apply to the fullest extent permitted by law and be interpreted and applied to a lesser extent, where necessary to be valid. The invalidity or unenforceability of any provision of this EULA will not affect any other provision and all such other provisions will remain in full force and effect without change or modification thereof. You consent to the exclusive use of the English language in this EULA, as well as in all communications from Honeywell.
7. APPLE DEVICE TERMS; THIRD PARTY BENEFICIARY
This Section applies to you only if you use the System on an Apple device (e.g., iPhone, iPad, iPod Touch) (any such device, an “Apple Device”); this section does not apply to you if you do not use the System on an Apple Device. The parties acknowledge that this EULA is concluded solely between Honeywell and you, and not with Apple, and Apple is not responsible for the System and the content thereof. Any support that may be offered by Honeywell in connection with the System is solely the responsibility of Honeywell and it is acknowledged by the parties that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the System. The parties acknowledge that Apple has no obligation to furnish any warranty with respect to the System. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the System. The parties acknowledge that Apple is not responsible for addressing product claims. Apple is not responsible for addressing any claims of any end-user or any third party relating to the System or the end-user’s possession and/or use of that System, including, but not limited to: (i) product liability claims; (ii) any claim that the System fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The parties acknowledge that, in the event of any third party claim that the System or your possession and use of that System infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Complaints or claims with respect to the System should be directed to Honeywell at the following address: HoneywellSoftware@honeywell.com. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.