DOLLARS AND SENSORS END USER SOFTWARE LICENSE AGREEMENT
THIS SOFTWARE LICENSE AGREEMENT (the "Agreement") is a legal agreement between you (either an individual end-user or an entity) and Leviton Manufacturing Co., Inc. ("Leviton").
BY CLICKING ON THE 'ACCEPT' BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS AGREEMENT REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE 'NO' BUTTON. THIS WILL CANCEL THE SERVICE. LEVITON IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT.
1. Grant of License. Subject to the terms of this Agreement, Leviton grants to you a non-exclusive, non-transferable, revocable license to use the software accompanying this Agreement (the "Software"). No other rights are granted. The Software is in use if it is accessed via the internet or loaded on the computer's permanent or temporary memory.
2. Restrictions. The Software contains copyrighted material, trade secrets, and other proprietary materials of Leviton. You agree that in order to protect those proprietary materials, except as expressly permitted by applicable law, neither you nor a third party acting on your behalf will: (i) decompile, disassemble or reverse engineer the Software; (ii) modify or create derivative works of the Software; or (iii) sell, distribute, rent, lease, sublicense or otherwise transfer the Software to a third party.
3. Ownership. The Software is licensed, not sold, to you for use only under the terms and conditions of this Agreement, and Leviton reserves all rights not expressly granted to you in this Agreement. Leviton retains title to the Software, and all intellectual property rights therein. You are welcome to send suggestions on improving the Software and/or service, but in doing so, you acknowledge and agree that such suggestions will become the property of Leviton, and Leviton has no obligation to compensate you for such suggestions.
4. Termination. This Agreement is effective until terminated. Upon any violation of any of the provisions of this Agreement, rights to use the Software shall automatically terminate. The provisions of paragraphs 4, 6, 7 and 10 will survive any termination of this Agreement.
5. DISCLAIMER OF WARRANTY. YOU AGREE THAT LEVITON HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE PRODUCTS ARE BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. LEVITON DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO THE BUNDLED PRODUCT AND SOFTWARE, AND ANY WARRANTIES OF NON-INTERFERENCE OR ACCURACY OF INFORMATIONAL CONTENT. LEVITON SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SOFTWARE. LEVITON MAKES NO WARRANTY AS TO THE QUALITY OF THE BUNDLED PRODUCTS OR SOFTWARE. NO LEVITON DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL LEVITON BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING IN ANY WAY OUT OF THE SALE OF, USE OF, OR INABILITY TO USE ANY LEVITON PRODUCT OR SERVICE, EVEN IF LEVITON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL LEVITONÂ’S TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE LEVITON PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. Warning Concerning Health and Safety Use. The parties acknowledge and agree that the Software is intended by Leviton to be used in normal, household and limited commercial circumstances and that the Software is expressly not intended for use, has not been tested for use, and should not be used in applications where health or safety are dependent upon the accurate and timely functioning of the Software or in circumstances where a malfunction or error could result in the loss of valuable property.
8. Export Law Assurances. You agree and certify that neither the Software nor any other technical data received from Leviton will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If you have rightfully obtained access to the Software outside of the United States, you agree that you will not re-export the Software nor any other technical data received from Leviton, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.
9. Agents and Third Party Purchasers. If you are accessing the Software on behalf of another person or entity, you represent and warrant that you have the authority to bind the party or entity for which you are accessing the Software to the terms and conditions of this Agreement.
10. General Terms and Conditions. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of New York, without regard to or application of its choice of law rules or principles. You agree that any legal proceeding concerning your use of the Software or the interpretation or enforcement of this Agreement shall be brought only in the state or federal courts located in the State of New York, in the City of New York and you consent to the personal jurisdiction of such courts over you. In any such action or proceeding, the substantially prevailing party shall be entitled, in addition to any other appropriate remedies, to recover its costs and expenses, including attorney fees, incurred in the pursuit or defense of its rights, whether prior to or at trial or on appeal. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter.
The Software is protected by United States copyright law and international treaty. Unauthorized reproduction or distribution of the Software is subject to civil and criminal penalties.
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