End User License Agreement (EULA) for CORTIX Digital Products
Last Updated: June 2022
This End User License Agreement (EULA) is agreement contract between the User and Carrier Global Corporation and its subsidiaries and affiliates (collectively, “Carrier”) which covers the User's use of and access to certain portions of the CORTIX platform and other digital product(s) that accompany this EULA, which may include online Content, mobile applications for content delivery, associated media, printed materials, and "online" or electronic documentation (collectively, the “Digital Products”). The Digital Products also include sets of packaged insights and actions in workflows, designed to achieve the equipment objectives and optimize the processes around their operations and maintenance. The insights are provided as recommendations under categories like Availability, Compliance, Health, Efficiency etc. for each Asset Category available in CORTIXTM platform. Each Product has a set of Indices which are representations of the Insights. The Indices and associated data are provided in different visualizations and User Interfaces through the CORTIXTM platform, to help the users understand, manage, utilize and benefit from those insights in their business processes. The Digital Products do not include any aspects of the CORTIX platform User is not granted access to by Carrier.
The Digital Products are intended to assist users in their Comfort, Maintenance or Energy management Processes. The Products do not substitute for engineering judgment or experience.
If the User does not agree to the terms of this EULA, then do not subscribe, install or use the Products or the License. BY EXPLICITLY ACCEPTING THIS EULA, HOWEVER, OR BY INSTALLING, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE PRODUCT AND/OR LICENSE, YOU ARE ACKNOWLEDGING AND AGREEING TO BE BOUND BY THE TERMS OF THIS EULA.
“User(s)” or “Authorized User(s)” means 1) in the case of an individual accepting this EULA on his or her own behalf: such individual, or 2) in the case of an individual accepting this EULA on behalf of a Customer and its affiliates: employees, consultants, contractors, lessees, and agents who are authorized by Customer to access and use the Digital Products under the rights granted to Customer pursuant to this EULA.
INTELLECTUAL PROPERTY AND DATA
Carrier owns or has secured rights to use, produce, modify, distribute, sell or license the Products, including, without limitation, any and all worldwide copyrights, patents, trade secrets, trademarks and proprietary and confidential information rights in or associated with the Digital Products. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Digital Products. All right, title and interest in the Products and the intellectual property rights associated therewith shall remain with Carrier. User acknowledges that no title to the intellectual property in the Digital Products is transferred by this EULA. This EULA does not grant User any rights in connection with any trademarks or service marks of Carrier.
Carrier owns all non-personal data and information collected in connection with the use of Digital Products, Software, Hardware and associated services and all data associated with the interaction of such Digital Products, Software, Hardware and associated services with user systems, product, software and hardware.
OTHER LIMITATIONS AND RIGHTS
User may not reverse engineer, decompile or disassemble the Digital Products; modify or create derivative works based upon the Digital Products in whole or in part; distribute copies of the Digital Products; remove any proprietary notices or labels on the Digital Products; or resell, lease, rent, transfer, sublicense or otherwise transfer rights to the Digital Products. User may not and shall not copy or otherwise reproduce or make available to any other party any part or all of the Digital Products.
All use of the Digital Products by Authorized Users will be considered use by Customer and Customer shall be fully liable for Authorized Users’ compliance with this EULA. Customer shall notify Carrier promptly of any unauthorized access or use of the Digital Products that violates this EULA.
GRANT OF NON-EXCLUSIVE LICENSE
Through this EULA, Carrier grants you a non-exclusive, non-transferable, personal, limited right to access and use the Product(s) and attendant materials on your personal computing device or as otherwise agreed. This authorization is not a transfer of title to the Digital Product(s) or attendant materials and is subject to the following restrictions: (1) you must not misuse or misappropriate any intellectual property and you shall respect copyrights and other proprietary notices; (2) you may not modify the Product(s) in any way or reproduce or publicly display, perform or distribute or otherwise use the Digital Product(s) or attendant materials for any public or commercial purpose, unless specifically agreed in a separate writing; (3) you may not decompile, decipher, disassemble, reverse engineer or otherwise attempt to access source code of the Digital Product(s) or any content file, or other work; (4) you may not distribute, publish, rent, lease, lend, transfer, sublicense, disclose or otherwise provide the Digital Product(s) to any third party except that you may sublicense the Digital Product(s) to a third party for the limited and sole purpose of that third party’s use or administration of the Digital Product(s) on your behalf subject to the third party’s agreement to the terms and conditions of this EULA and subject to your indemnifying and holding harmless Carrier for damages and liabilities associated with such use; and (5) you may not modify or create derivative works of the Digital Products(s) either in whole or in part. All rights not expressly granted to User are retained by Carrier.
DISCLAIMER OF WARRANTIES
USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE USE OF THE DIGITAL PRODUCTS IS AT USER'S SOLE RISK. THE DIGITAL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CARRIER AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DIGITAL PRODUCTS IS ACCESSED AT USER'S OWN DISCRETION AND RISK, AND USER IS SOLELY RESPONSIBLE FOR ANYTHING THAT RESULTS FROM SUCH USE, INCLUDING BUT NOT LIMITED TO DAMAGE TO USER'S COMPUTER SYSTEM OR OTHER HARDWARE. IN ADDITION, USER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO OR INCOMPATIBILITY WITH ANY THIRD PARTY DEVICE WHICH USER CONNECTS TO THE PRODUCTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CARRIER OR THROUGH OR FROM THE DIGITAL PRODUCTS SHALL CREATE ANY WARRANTY WHETHER EXPRESS OR IMPLIED.
LIMITATION ON LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT CARRIER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE OR TANGIBLE LOSSES (EVEN IF CARRIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE DIGITAL PRODUCTS; (ii) DAMAGE TO ANY HARDWARE, SOFTWARE, SYSTEMS OR OTHER EQUIPMENT RELATED TO USE OF THE DIGITAL PRODUCT; (iii) UNAUTHORIZED USE OF THE DIGITAL PRODUCTS; OR (iv) ANY OTHER ISSUE RELATING TO THE USE OF DIGITAL PRODUCTS OR THE EULA.
USER'S SOLE AND LIMITED REMEDY IS LIMITED TO THE AMOUNT OF MONEY USER PAID FOR THE DIGITAL PRODUCTS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF ANY TRANSACTION UNDER THIS EULA MAY BE BROUGHT BY THE USER MORE THAN ONE YEAR AFTER THE USER HAS KNOWLEDGE OF THE OCCURRENCE WHICH GIVES RISE TO THE CAUSE OF SUCH ACTION.
This EULA applies to updates or supplements, including patches, cumulative patches, add-ons, and built-ins, to the original Digital Products provided by Carrier.
THIRD PARTY SOFTWARE
Customer acknowledges that products are hosted in the CORTIXTM platform. The CORTIXTM platform is hosted in infrastructure provided by cloud service providers and may use platform components from these cloud service providers. It could also include software provided by third party vendors ("Third Party Software") which may be embedded in the Digital Products available to user. The terms of this Agreement and such other terms that Carrier may deliver with the subscription of Digital Products shall apply to Customer's use and it’s sublicensee’s use on behalf of Customer, as limited herein, of such Third Party Software. All Third Party cloud service providers or Software vendors shall be deemed third party beneficiaries under this Agreement. Customer may only use these Third Party Software and services as part of the Digital Products, and may not use it on a stand-alone basis or use or integrate it with any other software or device.
PUBLICLY AVAILABLE SOFTWARE
Customer acknowledges that portions of the Digital Products may include software programs that are distributed by Carrier pursuant to the terms and conditions of a license granted by the copyright owner of such software programs and which governs Customer's use of such software programs ("Publicly Available Software"). The Customer's use of Publicly Available Software in conjunction with the Digital Products in a manner consistent with the terms of this Agreement is permitted, however, the Customer may have other rights or obligations under the applicable license for Publicly Available Software and nothing contained herein is intended to impose restrictions or limitations on the Customer's use of the Publicly Available Software differently than as provided for such Publicly Available Software being used,. The disclaimer of warranties and limitation of liability provisions in this Agreement will apply to all of the Digital Products, including Publicly Available Software included in the Digital Products. Further information may be obtained by contacting Carrier.
Carrier may terminate this EULA if User does not abide by the terms and conditions of this EULA, in which case Carrier will immediately terminate the User’s access to all Digital Products.
NOTE ON JAVA SUPPORT
Sun Microsystems, Inc. has contractually obligated Carrier to make this disclaimer: THE DIGITAL PRODUCTS MAY BE GENERATED USING PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
This EULA, including any addendum or amendment to this EULA which is included with the Digital Products, and any references to other applicable terms and conditions, is the entire agreement between User and Carrier relating to the use of Digital Products, and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Digital Products or any other subject matter covered by this EULA. To the extent the terms of any Carrier policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
If the User has any questions about this EULA, or wants to contact Carrier for any reason, please direct all correspondence to:
Carrier Global Corporation
13995 Pasteur Boulevard
Palm Beach Gardens, Florida 33418
Automated Logic Corporation
Attn: Marketing Department
1150 Roberts Blvd.
Kennesaw, GA 30144,
United States of America
Copyright © 2018 Automated Logic Corporation
Attn: Marketing Department
c/o Chubb Alba Control Systems Ltd.
RGA Tech Park, Block-2, 2nd Floor,
Survey No. 31/1, Sarjapura Main Road,
Bengaluru, Karnataka, India – 560035
Copyright © 2019 EcoEnergy Insights
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