Danfoss Link CC - End User Agreement and Disclaimer
1. License
This end user license agreement and disclaimer (“Agree-
ment”) is entered into between Danfoss A/S or its Affiliates
(each of which is referred to as “Danfoss”) and you as an end
user (“You” or “User”). In this Agreement “Affiliate” shall mean
an entity directly or indirectly controlled by Danfoss A/S
whether by shares or voting rights.
Upon acceptance of this Agreement Danfoss grants You
a limited, non-exclusive, non-transferable, royalty-free,
worldwide license (“License”) to install and use the software
(“Software”) embedded on your
Danfoss Link™ CC
. The
License is granted subject to User’s compliance with the
following:
a)
The terms of this Agreement
b)
Danfoss Terms of Use (available at www.Danfoss.com)
c)
Danfoss Privacy Policy (available at www.Danfoss.com)
2. Automatic Software Updates
Danfoss may from time to time develop patches, bug fixes,
updates and other modifications to improve the perfor-
mance of the Software (“Updates”). By connecting the
Danfoss Link™ CC
to to the internet You accept that Updates
may be automatically downloaded and installed on your
Danfoss Link™ CC
without further notice or consent being
required. If you do not wish such Updates to be automati-
cally downloaded and installed You must disable the
Dan-
foss Link™ CC
from the internet. You acknowledge that you
may be required to install Updates to use the Product for
remote access.
3. Consent to use of data
By enabling Your
Danfoss Link™ CC
to wirelessly connect to
the internet you agree that Danfoss may collect, use, register
and store information concerning your room names, heat-
ing requirements, user set-points, IP-addresses, software
and hardware attributes, connection errors and user interac-
tion. Such information is used by Danfoss to improve default
settings and enhance the performance of the Software.
4. Proprietary Rights
This License and the Software contains proprietary informa-
tion which is owned by Danfoss and pro-tected by applica-
ble intellectual property rights. Except as expressly permit-
ted herein, such Danfoss information herein may not
i.
be used for any purpose except in compliance with
this Agreement,
ii.
be copied or reproduced in any form, or
iii.
be modified, rented, leased, sold, distributed or
exploited commercially.
Danfoss reserves the right to change, suspend, remove or
disable User’s access at any time without notice. The Dan-
foss name, Danfoss logo and other Danfoss trademarks,
graphics and logos are trademarks or registered trademarks
of Danfoss or its affiliated companies. User is granted no
right or license with respect to such trademarks.
5. Third Party Components
The Software may include certain third party software
components ("Third Party Components") including open
source and free software components, each of which has its
own copyright and its own license conditions ("Third Party
License"). A list of included Software Components and their
respective licenses can be found in clause 8.
To the extent any Third Party License grants the User rights
to use, copy or modify the Open Source Component that are
broader or narrower than the rights granted in this Agree-
ment, then such rights shall take precedence over the rights
and restrictions granted in this Agreement solely for such
Third Party Components.
6. Disclaimer of Warranty
This License is provided on an “as is” and “as available” basis
for the intended purposes as determined by Danfoss only
and any use hereof is at User’s sole risk. The Software and
results and information generated thereby cannot substi-
tute technical advice but must be verified by the User, they
are not promises and should not be relied on as accurate
data or analyses.
Danfoss disclaims all warranties and conditions regarding
the Software, whether express, implied, or statutory, includ-
ing, but not limited to, conditions of merchantability, satis-
factory quality, fitness for a particular purpose, accuracy and
non-infringement of third parties’ rights. Danfoss does not
warrant that the Software will meet your requirements or
that the operation hereof will be uninterrupted or error-free.
6. Limitation of Liability
To the extent not prohibited by law, in no event shall Dan-
foss be liable for any direct, special, indirect or consequen-
tial damages, whatsoever, including, without limitation,
damage to property, damages for loss of savings or profits,
or loss of data arising out of any use of the Software.
7. Miscellaneous
The License shall automatically terminate upon User’s
breach of any of the terms of this Agreement. Danfoss may
terminate the License at its sole discretion without prior
notice.
This Agreement and the License is subject to the substan-
tive law of Denmark. Any dispute arising out of or in connec-
tion with this Agreement shall be submitted to the exclusive
jurisdiction of the courts in Denmark.
8. Third Party Components licenses
The MIT License (MIT)
Copyright (c) 2007 James Newton-King
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documen-
tation files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sublicense, and/or
sell copies of the Software, and to permit persons to whom
the Software is furnished to do so, subject to the following
conditions:
The above copyright notice and this permission notice
shall be included in all copies or substantial portions of the
Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY
OF ANY KIND, EXPRESS OR IM-PLIED, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FIT-
NESS FOR A PARTICULAR PURPOSE AND NONINFRINGE-
MENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR
OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
