End user license Agreement
MOBILE APPLICATION END USER LICENSE AGREEMENT, PRIVACY STATEMENT AND DISCLAIMER FOR HONEYWELL SERVICE
This Honeywell Mobile Application End User License Agreement, Privacy Statement and Disclaimer (this "AGREEMENT") is a binding legal agreement between you and Honeywell International Inc., including its subsidiaries (“HONEYWELL”). This AGREEMENT governs your use of the HONEYWELL OELD Application running on a mobile device, (including all related documentation, the "APPLICATION") and related data access, account management and configuration, mobile connectivity and data storage and processing offerings (“SERVICES”) that are provided by HONEYWELL either directly or indirectly to you (collectively, the APPLICATION and SERVICES are referred to herein as the “HONEYWELL SERVICE”).
BY CLICKING THE "AGREE" BUTTON AND SUBSEQUENTLY DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU:
- (A) REPRESENT THAT YOU WILL BE USING THE HONEYWELL SERVICE
- (1) IN CONJUNCTION WITH AN OELD SMART JUNCTION BOX, A SEARCHPOINT OPTIMA PLUS POINT INFRARED GAS DETECTOR, A SEARCHLINE EXCEL OPEN PATH INFRARED GAS DETECTOR, OR ANOTHER DEVICE WITH AN INDUSTRY-STANDARD 4-20mA OUTPUT (“APPROVED EQUIPMENT),
- (2) WITH THE PERMISSION OF AND AT THE DIRECTION OF THE OWNER OF THE APPROVED EQUIPMENT, AND
- (3) USING VALID LOGIN CREDENTIALS THAT HAVE BEEN PROVIDED TO YOU THROUGH YOUR REGISTRATION WITH THE HONEYWELL SERVICE. (COMPLIANCE WITH (1), (2) AND (3) MAKES YOU AN “AUTHORIZED USER”)
- (B) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT
- (C) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND
- (D) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION, AND DELETE IT FROM YOUR MOBILE DEVICE IF IT IS ALREADY INSTALLED.
1. LICENSEYou may only use the APPLICATION and SERVICES if you are an AUTHORIZED USER. If you cease to become an AUTHORIZED USER, your license to the HONEYWELL SERVICE will automatically terminate.
Subject to the terms of this AGREEMENT, HONEYWELL grants you a limited, non-exclusive and nontransferable license to download, install, and use the APPLICATION on a mobile device owned or otherwise controlled by you ("MOBILE DEVICE") strictly in accordance with this AGREEMENT and with any additional documentation contained within or provided in conjunction with the APPLICATION.
The APPLICATION runs on a MOBILE DEVICE and uses Bluetooth functionality on the MOBILE DEVICE to connect to APPROVED EQUIPMENT. Through the APPLICATION, a user of the MOBILE DEVICE can set up and configure various parameters in the APPROVED EQUIPMENT, or access various data from the APPROVED EQUIPMENT. For example, depending on the specific APPROVED EQUIPMENT, a user may be able to configure an ID tag, the measuring range, units of measurement, alarm set points, LED configuration, warning/fault thresholds; the user may be able to perform calibration, such as zero calibration or span calibration; and the user may be able to read event logs and live gas readings.
Further, and also subject to the terms of this AGREEMENT, HONEYWELL grants you a limited, non- exclusive and nontransferable license to use, via the APPLICATION on the MOBILE DEVICE, the SERVICES.
2. USER NAME AND PASSWORD; LICENSE RESTRICTIONSIn order to use the HONEYWELL SERVICE, you will be required to provide your name, valid email address and proposed password, and an account will be created for you. Once the account created, you will be provided with login credentials, and a certificate will be stored on the MOBILE DEVICE on which you run the APPLICATION. An additional authentication process will be required in order for you to access particular CONNECTED DEVICES. For purposes of authentication, the APPLICATION will need to periodically communicate with Honeywell’s user management server (“UMS”).
You must not: disclose your login credentials to any other person or entity; or circumvent, or attempt to circumvent, any license management, security devices, access logs, or other measures provided in connection with the HONEYWELL SERVICE, or permit or assist any other person or entity to do the same.
You may not rent, lease, copy, modify or translate the HONEYWELL SERVICE, or create derivative works based on HONEYWELL SERVICE. You may not alter or remove any copyright or proprietary rights notices or legends appearing on or in the HONEYWELL SERVICE. You may not reverse engineer, decompile or disassemble HONEYWELL SERVICE. You may not make your access to the HONEYWELL SERVICE available to any other person or organization.
3. RESERVATION OF RIGHTSYou acknowledge and agree that the HONEYWELL SERVICE is provided under license, and not sold or freely given, to you. You do not acquire any ownership interest in the HONEYWELL SERVICE under this AGREEMENT, or any other rights thereto other than to use the HONEYWELL SERVICE in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this AGREEMENT. All rights of any kind in HONEYWELL SERVICE and all other rights of HONEYWELL, which are not expressly granted in this AGREEMENT, are entirely and exclusively reserved to and by HONEYWELL.
The HONEYWELL SERVICE 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 AGREEMENT, which restrictions, if any, are included in the documents accompanying such third party software. You agree that any third party supplier will have the right to enforce this AGREEMENT with respect to such third party’s software.
4. MOBILE DEVICE REQUIREMENTSYou acknowledge that specific regulations for the MOBILE DEVICE may apply to your specific environment or activities. For example, when you are working in certain environments, a MOBILE DEVICE that is intrinsically safe may be required. You represent and warrant that you will only use the HONEYWELL SERVICE from a MOBILE DEVICE that complies with all regulations that apply, given the environment you are in and the activities in which you are engaged.
You further acknowledge that the HONEYWELL SERVICE is only tested and approved for use through specific MOBILE DEVICES, as indicated by HONEYWELL from time to time; HONEYWELL makes no representations or warranties about use of the HONEYWELL SERVICE on other devices, nor does HONEYWELL accept any liability whatsoever for your use of the HONEYWELL SERVICE on other devices.
You assume all liability for your selection and use of the MOBILE DEVICE on which you install and use the APPLICATION and from which you use the HONEYWELL SERVICE; and you agree to indemnify and hold HONEYWELL harmless against and defend HONEYWELL from, any and all suits, claims, demands, causes of action and judgments relating to damages, whether for personal injury or to personal property, suffered by you or any person, firm, corporation or business association, because of your failure to comply with the terms of this Section 4.
5. DATA COLLECTED REGARDING YOUIn order to securely provide the SERVICES described herein, HONEYWELL must necessarily collect personal information about you—including your first and last name, email address and proposed password. This personal information will be merged by Honeywell’s UMS to information about CONNECTED DEVICES you try to access, which could include, for example, the location of the CONNECTED DEVICES and time of attempted access (the merged information is collectively referred to as “DATA ABOUT YOU”). By downloading the APPLICATION and using the HONEYWELL SERVICE, you expressly consent to the collection and transmission of DATA ABOUT YOU, the transmission of this DATA ABOUT YOU to the UMS, and the use of this DATA ABOUT YOU necessary to provide the SERVICES and as otherwise outlined herein. If you do not consent to this collection, transmission and use of DATA ABOUT YOU, you must uninstall the APPLICATION and not use the HONEYWELL SERVICE. HONEYWELL’s collection and transmission of this data is done for and at the direction of LICENSEE; if you have questions about how this data is collected and used when you use the APPLICATION, please contact LICENSEE.
In addition to using DATA ABOUT YOU in order to provide the SERVICES, HONEYWELL reserves the right to anonymize DATA ABOUT YOU, to create “ANONYMIZED DATA” and analyze this ANONYMIZED DATA alone or combine it with anonymized data from other users to create “AGGREGATED DATA.” HONEYWELL may use ANONYMIZED DATA or AGGREGATED DATA for any business purpose, including product, software or service development; marketing or sales support; or other analytics.
6. TECHNICAL SUPPORTYou agree to report to HONEYWELL any errors or bugs with respect to your use of the HONEYWELL SERVICE.
You may have access to support related to the HONEYWELL SERVICE (“SUPPORT SERVICES”). Any supplemental software code or access provided to you as part of the SUPPORT SERVICES will be considered part of the HONEYWELL SERVICE and will be subject to the terms and conditions of this AGREEMENT. With respect to technical information you provide to HONEYWELL as part of the SUPPORT SERVICES, HONEYWELL may use such information for its business purposes, including for product support and development. HONEYWELL will not utilize such technical information in a form that personally identifies you.
You acknowledge and hereby provide your consent to permit HONEYWELL technical support, which is located in one of a number of geographic locations around the world, including the United States and India, to have access to certain functionality relating to your account, including, but not limited to the ability to view the data associated with your account. HONEYWELL has instituted a policy pursuant to which our technical service employees may not access any customer or end user account without either a specific request from the customer or end user or to remedy a specific and known problem. You release, and agree to indemnify and defend HONEYWELL from and against any and all liability relating to its access to any account.
7. WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONSHONEYWELL SERVICE, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED AS-IS AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EXCEPT AS SPECIFICALLY SET FORTH HEREIN. 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 OR PERFORMANCE OF THE HONEYWELL SERVICE REMAINS WITH YOU.
YOU ACKNOWLEDGE THAT THE USAGE OF THE HONEYWELL SERVICE IS CONTINGENT UPON A VARIETY OF SERVICES THAT ARE NOT PROVIDED BY HONEYWELL AND, ARE THEREFORE, NOT ABLE TO BE CONTROLLED BY HONEYWELL, INCLUDING WITHOUT LIMITATION, BLUETOOTH CONNECTIONS, WI-FI CONNECTIONS AND SYSTEMS, COMPUTER SYSTEMS, INTERNET CONNECTIONS, MOBILE DEVICES AND NETWORKS USED BY YOU AND BY THE LICENSEE, ALL OF WHICH MAY BE IMPACTED BY PROXIMITY BETWEEN DEVICES (IN THE CASE OF BLUETOOTH AND WI-FI CONNECTIONS) AND INTERFERENCE-FREE PROXIMITY BETWEEN THE MOBILE DEVICE AND NETWORK TOWERS. ACCORDINGLY, HONEYWELL SHALL HAVE NO LIABILITY WHATSOEVER IF YOUR USAGE OF, ACCESS TO, OR STORAGE OF ANY INFORMATION IS IN ANY WAY IMPEDED COMPROMISED OR ALTERED BY ANY SUCH THIRD PARTY SERVICE. HONEYWELL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT YOUR USE OF THE HONEYWELL SERVICE WILL PROTECT YOUR HEALTH OR INCREASE YOUR SAFETY.
THE MAXIMUM AGGREGATE CUMULATIVE LIABILITY OF HONEYWELL ARISING OUT OF OR RELATING TO YOUR USE OF HONEYWELL SERVICE (REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE) WILL BE ONE-THOUSAND US DOLLARS ($1,000.00). IN ADDITION, IN NO EVENT SHALL HONEYWELL, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST DATA, DATA BREACH OR FAILURE OF THE HONEYWELL SERVICE, WHATSOEVER RELATING TO THE USE OF THE HONEYWELL SERVICE, OR TO YOUR RELATIONSHIP WITH HONEYWELL, EVEN IF HONEYWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. TERM, TERMINATIONThe license granted in this AGREEMENT becomes effective on the date you log in as an AUTHORIZED USER to the APPLICATION and will automatically terminate if you breach any of the terms of this AGREEMENT or if you cease to become an AUTHORIZED USER.
9. MISCELLANEOUSYou assume all liability for, and agree to indemnify and hold HONEYWELL harmless against and defend HONEYWELL from, any and all suits, claims, demands, causes of action and judgments relating to damages, whether for personal injury or to personal property, suffered by any person, firm, corporation or business association, including but not limited to, your use of the HONEYWELL SERVICE, except as may result from the sole negligence or willful misconduct of HONEYWELL.
You may not assign or transfer the license granted hereunder or the HONEYWELL SERVICE without HONEYWELL’s prior written consent. Any assignment or transfer in contravention to the foregoing shall be null and void. This AGREEMENT is governed by the laws of the State of New York. Each of the parties hereto irrevocably consents to the jurisdiction of the Federal and state courts in New York, New York, to the exclusion of all other courts. If this product was acquired outside the United States, then local law may apply.
This AGREEMENT is governed by the laws of the State of New York. Each of the parties hereto irrevocably consents to the jurisdiction of the Federal and state courts in New York, New York, to the exclusion of all other courts. If this product was acquired outside the United States, then local law may apply.
HONEYWELL has the right to audit your compliance with the terms and conditions of this AGREEMENT, including without limitation, ensuring that you are not using more than an authorized number of copies or instances of the HONEYWELL SERVICE, or bypassing the software keys to engage in unauthorized, unlicensed use of the HONEYWELL SERVICE, and to immediately terminate your license in this AGREEMENT if an audit shows that you are in breach with any of the terms and conditions of this AGREEMENT, as well as to enforce all other rights and remedies available under this AGREEMENT or otherwise under law or at equity.
The failure of HONEYWELL to enforce at any time any of the provisions of this AGREEMENT shall not be construed to be a continuing waiver of any provisions hereunder nor shall any such failure prejudice the right of HONEYWELL to take any action in the future to enforce any provisions hereunder.
It is understood and agreed that, notwithstanding any other provisions of this AGREEMENT, breach of any provision of this AGREEMENT by you may cause HONEYWELL irreparable damage for which recovery of money damages would be inadequate, and that HONEYWELL shall therefore be entitled to obtain timely injunctive relief to protect HONEYWELL’s rights under this AGREEMENT in addition to any and all remedies available at law.
Nothing contained herein shall be construed as creating any agency, employment, relationship, partnership, principal-agent or other form of joint enterprise between the parties.
The section headings appearing in this AGREEMENT are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or extent of such section or in any way affect this AGREEMENT.
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law. But, if any provision of this AGREEMENT is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in that jurisdiction, but this AGREEMENT shall be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision had never been contained herein. Further, such invalidity, illegality or unenforceability shall not affect any of the provisions in this AGREEMENT in any other jurisdiction.
This AGREEMENT constitutes 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 the subject matter hereof. This AGREEMENT may be amended, modified, terminated or supplemented by HONEYWELL upon thirty (30) days prior notice. The preprinted terms and conditions of any Purchase Order issued by you in connection with this AGREEMENT shall not be binding to HONEYWELL and shall not be deemed to modify this AGREEMENT.
Software and technical information delivered under this AGREEMENT is 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 shall 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.