End User License Agreement (EULA)
IMPORTANT – READ CAREFULLY:
IF YOU DO NOT AGREE, DO NOT DOWNLOAD THE MOBILE APP; YOU MUST DELETE ANY COPY IN YOUR POSSESSION OR CONTROL. This End User License Agreement (EULA) is a CONTRACT between you (“you” or “your”) and Carrier Corporation (“Licensor”), and covers the your use of the Carrier product as well as any hardware, media, printed materials, and "online" or electronic documentation (hereinafter collectively referred to as “Application”) that this EULA accompanies. BY EXPLICITLY ACCEPTING THIS EULA, HOWEVER, OR BY INSTALLING, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE APPLICATION, USER IS ACKNOWLEDGING AND AGREEING TO BE BOUND BY THE TERMS OF THIS EULA.
1. License Grants. During the term of this Agreement and conditioned upon your full compliance with all of the Agreement’s terms and conditions, Licensor grants to you a limited personal, non-commercial, nonexclusive, nonsublicensable, nontransferable, non-assignable, revocable license to download, install and use the Product.
2. License Limitations. The license(s) granted in Section 1 are conditioned upon your compliance with the following limitations:
2.1 Reverse Engineering. You may not decompile, decipher, disassemble, reverse engineer or otherwise attempt to access source code of the Application, or circumvent any technical limitations in the Application that limit or restrict access to or use of the Application or any content, file, or other work, except as expressly permitted by applicable law notwithstanding this limitation.
2.2 No Distribution, Rental or Transfer. You may not distribute, publish, rent, lease, lend, transfer, sublicense, disclose or otherwise provide the Application to any third party.
2.3 No Modification or Derivative Works. You may not modify or create derivative works of the Application, in whole or in part.
2.4 Proprietary Notices. You may not remove any proprietary notices or labels on the Application or any copy thereof.
2.5 Non-Permitted Uses. Without limiting any of the foregoing, you may not make any use of the Application in any manner not expressly permitted by this Agreement.
3. Reservation of Rights and Ownership. Licensor, its parent or its suppliers own all right, title and interest, including all intellectual property rights, in and to the Application and reserve all rights not expressly granted to you in this Agreement. The Application is protected by copyright and other intellectual property laws and treaties. All trademarks, logos, and service marks (“Marks”) displayed on the Application are the property of Carrier Corporation or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Carrier Corporation or such respective holders.
4. Updates. This Agreement applies to updates to the Application as well as any services accessed through the Application (if any) that Licensor may, in its sole discretion, provide or make available to you (“Update”). If Licensor provides additional terms along with an Update, those terms will apply to the Update. If Licensor provides you an Update, Licensor may, at its sole discretion, require you to use the Updated version and cease use of earlier versions. Licensor reserves the right to update or discontinue any Application or service made available to you through use of the Application.
5. Termination. This Agreement will automatically terminate upon your breach of any of this Agreement’s terms and conditions. You may terminate this Agreement by removing the Application from your device(s). In the event of termination, you must immediately remove the Application from your device(s), and the following Sections of this Agreement will survive: Sections 2, 3 and 5 to 12.
6. Data Rights. You understand and acknowledge that the Application will collect data and other information that will be stored and/or transmitted to Licensor’s servers and to any third parties with whom Licensor works to transmit, process or store such data. Once such data and information has been stored and/or transmitted to Licensor’s servers, You agree that such data and information shall become part of Licensor’s database and/or Licensor property.
7. DISCLAIMER OF WARRANTIES. ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT IS ACCESSED AT USER’S OWN DISCRETION AND RISK, AND USER IS SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULTS FROM SUCH USE, INCLUDING BUT NOT LIMITED TO DAMAGE TO USER’S COMPUTER SYSTEM OR OTHER HARDWARE. IN ADDITION, CARRIER EXPRESSLY DISCLAIMS ALL LIABILITY AND USER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO OR INCOMPATABILITY WITH ANY THIRD PARTY DEVICE WHICH USER CONNECTS TO THE PRODUCT.
NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CARRIER OR THROUGH OR FROM THE PRODUCT SHALL CREATE ANY WARRANTY WHETHER EXPRESS OR IMPLIED.
USER EXPRESSLY UNDERSTANDS AND AGREES THAT To the maximum extent permitted by applicable law, THE Application IS PROVIDED AS IS AND WITH ALL FAULTS. Licensor and its parent, affiliates and suppliers hereby disclaim all OTHER warranties and conditions, whether express, implied or statutory, including any IMPLIED warranties, DUTIES or conditions of MERCHANTABILITY OR fitness for a particular purpose. also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement, LACK OF VIRUSES OR BUGS, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS with regard to THE Application. Licensor and its parent, affiliates and suppliers do not warrant that the operation of the Application will be UNINTERRUPTED or error-free or that any defects will be corrected. THE ENTIRE RISK ARISING OUT OF THE Application REMAINS WITH YOU.
8. eXCLUSIONS OF CERTAIN DAMAGES; Limitations of Liability. USER EXPRESSLY UNDERSTANDS AND AGREES THAT in no event WILl Licensor or its parent, affiliates OR suppliers be liable for any direct, special, incidental, punitive, indirect or consequential damages (including, but not limited to, damages for loss of profits, DAMAGES TO ANY COMPUTER, DEVICE, OR SYSTEM, LOSS OF DATA, goodwill, use or other losses) arising out of or in any way related to the Application or this AGREEMENT, REGARDLESS OF the CAUSE OF ACTION OR THE BASIS OF THE CLAIM and even if Licensor has been advised of the possibility of the damages OR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
LICENSOR’S AND ITS PARENT’S, AFFILIATES’ AND SUPPLIERS’ ENTIRE LIABILITY UNDER THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE Application UP TO THE PRICE YOU PAID FOR THE Application. NO ACTION, REGARDLESS OF FORM, relating to the Application MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER YOU HAVE KNOWLEDGE OF THE OCCURRENCE WHICH GIVES RISE TO THE CAUSE OF ACTION.
9. Indemnification. You agree to defend, indemnify and hold harmless Licensor and its parent, affiliates and suppliers and their respective officers, directors and employees from all claims and expenses (including attorneys’ fees and costs) that arise out of or in connection with your use of the Application, any breach of this Agreement, or your violation of any laws or regulations or the rights of any third party.
10. U.S. Government License Rights. Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described in this Agreement. Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
11. Compliance with Law; Export Restrictions. You will comply with all applicable international and national laws, rules and regulations that apply to the Application and your use of the Application, including the U.S. Export Administration Regulations, as well as end user, end use, and destination restrictions issued by U.S. or other governments. You acknowledge that the Application is of U.S. origin and subject to U.S. export jurisdiction.
12. Governing Law and Jurisdiction. This Agreement will be construed and controlled by the laws of the State of Connecticut, without giving effect to its conflict of law provisions. Each party consents to exclusive jurisdiction and venue in the state and federal courts in the county of Hartford, Connecticut for any and all disputes, claims and actions arising from or in connection with the Application and this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
14. Mobile Device Specific Provisions.
14.1 Apple Computer Mobile Device Users
14.1.1. Acknowledgement: You acknowledge that the EULA is concluded between You and Licensor only, and not with Apple. Licensor, not Apple, is solely responsible for the Licensed Application and the content thereof.
14.1.2. Scope of License: You acknowledge that the license granted herein for the Application is a limited, non-transferable license to use the Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
14.1.3. Maintenance and Support: Licensor is solely responsible for providing any maintenance and support services with respect to the Application, as specified in the EULA, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
14.1.4. Warranty: Licensor shall be solely responsible for any product warranties, whether express or implied by law, to the extent identified herein and not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price, if any, for the Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Licensor’s sole responsibility to the extent identified herein.
14.1.5. Product Claims: You acknowledge that Apple, is not responsible for addressing any claims relating to the Application or the end-user’s possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
14.1.6. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Application or Your possession and use of the Application infringes that third party’s intellectual property rights, Licensor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent not otherwise disclaimed herein.
14.1.7. Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
14.1.8. Third Party Beneficiary: Licensor and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon the Your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.
14.2 Google Android Mobile Device Users – This section intentionally left blank
15. General. The section titles in this Agreement are used solely for the parties’ convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely." Licensor’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. No waiver of any provision of this Agreement will be effective unless it is in a signed writing, and no waiver will constitute a waiver of any other provision(s) or of the same provision on another occasion. If a court of competent jurisdiction holds any term, covenant or restriction of this Agreement to be illegal, invalid or unenforceable, in whole or in part, the remaining terms, covenants and restrictions will remain in full force and effect and will in no way be affected, impaired or invalidated. You may not assign, transfer or sublicense this Agreement or your rights (if any) under this Agreement. This Agreement will be binding upon all successors and assigns. This Agreement constitutes the entire agreement between you and Licensor with respect to the Application and merges all prior and contemporaneous communications and proposals, whether electronic, oral or written, between you and Licensor with respect to the Application. All notices to Licensor in connection with this Agreement must be in writing and will be deemed given as of the day they are deposited in the U.S. mails, postage prepaid, certified or registered, return receipt requested or sent by overnight courier, charges prepaid to the address set forth below.
If you have any questions about this Agreement, or want to contact Licensor for any reason, please direct all correspondence to:
P.O. Box 109615 M/S 715-01
Copyright © 2016, Carrier Corporation. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of Carrier Corporation or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Carrier Corporation or such respective holders. Carrier Corporation reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.
UTC Climate, Controls & Security and its subsidiaries and affiliates (collectively, “CCS”), are committed to protecting the privacy of visitors to this website (“Website”) and users of its mobile applications (“Apps”). It is important that our users understand how we collect, use and disclose Personal Information (as defined below). By providing Personal Information to us, you agree to the terms and conditions of this Privacy Notice.
This Privacy Notice describes our practices related to Personal Information collected through CCS websites and mobile applications, unless there is a separate privacy notice for a particular website or mobile application. By continuing to access CCS websites and mobile applications, you agree to the terms and conditions of this Privacy Notice.
What Personal Information does CCS collect? How does it collect such Information?
“Personal Information” is information through which a natural person is identifiable or may be identified. CCS may collect, use and process your Personal Information in order to provide you with services, products or information that you request.
The collection of information will be transparent to you – you will be asked for it and will have the opportunity to decide whether or not to provide it. If you choose not to provide any of the Personal Information requested, CCS may be unable to complete your transaction, or provide the information, services or products you have requested.
CCS may collect information, including Personal Information, from you when you submit a form or request or register a product with CCS, such as: name, physical address, the company for whom you work, phone number, email address and fax number. CCS may also ask you to provide information about the product you are registering or the person/company that installed or maintains it.
CCS may also collect information through your use of our Website or App, such as device identifier, IP address, log files, and location data.
In addition, CCS monitors user traffic patterns throughout its Websites according to a user's domain name, browser type, date and time of access, and pages viewed. Our Web servers collect the domain names but not the email addresses of visitors. This information is collected in order to measure the number of visitors to our Website and to determine which areas of the Website users find useful based upon the amount of traffic to particular areas. CCS uses this information to enhance users’ experience at the Website and to better prepare future content based on the interests of users.
We might need to collect other information for a specific form, feature, or other service that you may use or request. The content of such information will vary depending on the method of collection and the specific purpose(s) for which the information is being collected.
Why does CCS collect your Personal Information?
Our purpose in collecting this information is to provide customized services and content relevant to your specific needs and interests. Your information may be used by CCS to carry out our contractual obligations, authenticate you as a user and allow you access to certain areas of our Website, Apps or social media sites.
Any Personal Information collected on a Website or App may be used to:
· Provide requested information, items, or services;
· Advertise products, services, promotions and events relating to CCS;
· Improve our products, services, surveys, Websites and Apps;
· Analyze your behavior on our Website and Apps;
· Provide investor services;
· Evaluate your interest in and/or allow you to apply for employment with CCS;
· Protect against fraud or investigate suspected or actual illegal activity;
· Screen against sanctions and antiterrorism lists as required by law;
· Respond to a legitimate legal request from law enforcement authorities or other government regulators;
· Develop new offerings, improve the quality of our products, improve and personalize user experience, and better prepare future content based upon your interests and those of our general user population; or
· Conduct investigations to ensure compliance with, and comply with, legal obligations.
Except where used in support of a contract with you or to fulfill a legal obligation, our use of your Personal Information will be only for legitimate business interests.
Because CCS, and its parent company, United Technologies Corporation (“UTC”), are global companies with locations in many different countries, we may transfer your information from one legal entity to another or from one country to another within the CCS and UTC group of companies in order to accomplish the purposes listed above. We will transfer your Personal Information consistent with applicable legal requirements and only to the extent necessary. Within the UTC and CCS group of companies, information is transferred subject to the Binding Corporate Rules.
If you do not want your information transferred to other legal entities or transnationally, including to countries that may not have been deemed “adequate” by the European Union, please do not provide us with your Personal Information. If you choose to provide us with your Personal Information, we will treat that action as consent to transferring your Personal Information to other companies and other countries as described in this notice.
Does CCS use your Personal Information to contact you?
CCS may use the Personal Information you provide to contact you about products, services, promotions, special offers, surveys, and other information that may be of interest to you. If you prefer not to receive such communications, please use the “unsubscribe” function within the Website or App, or let us know by sending an email to firstname.lastname@example.org. Also, CCS will ensure that any marketing communications sent by electronic means will provide a simple method for you to opt-out or unsubscribe.
Does CCS share the information it collects with any third parties?
CCS may share your Personal Information with our affiliated companies, such as companies in UTC’s group of companies, and/or companies in which CCS has control, through either direct or indirect ownership.
CCS will not sell or otherwise share your Personal Information outside of the companies identified above, except to:
· Service providers, dealers, distributors, agents or contractors that CCS has retained to perform services on our behalf. CCS will only share your Personal Information with third parties whom CCS has contractually restricted from using or disclosing the information except as necessary to perform services on our behalf or to comply with legal requirements;
· Comply with legal obligations, such as in response to a legitimate legal request from law enforcement authorities or other government regulators, among other things;
· Investigate suspected or actual illegal activity;
· Prevent physical harm or financial loss; or
· Support the sale or transfer of all or a portion of our business or assets (including through bankruptcy).
How long does CCS retain Personal Information?
CCS will retain Personal Information as long as needed to comply with its contractual and legal obligations. If the Personal Information is not subject to contractual or legal obligations, CCS will retain the data for as long as is required for the original purpose for which it was collected.
How does CCS secure Personal Information?
CCS is committed to ensuring the security and integrity of gathered information about its users. CCS has adopted reasonable physical, electronic and managerial procedures to safeguard the Personal Information that users provide. However, due to the nature of Internet communications, we cannot guarantee or warrant that your transmission to us is secure.
How can you correct, change or delete your information held by CCS?
Users may review, update, correct, change, or delete information submitted to CCS at any time. CCS will use reasonable efforts to timely update and/or remove information. To protect the user’s privacy and security, CCS will take steps to verify the user’s identity before making any requested change. To access, change, or delete your Personal Information, to report problems with the Website, to ask questions or to raise concerns, send an email to email@example.com. Some of our Websites, Apps, and social media accounts allow you to make corrections directly at the site without need to further contact CCS.
Please note that while we will assist you in protecting your Personal Information, it is your responsibility to protect your passwords and other access credentials from others.
What should you understand about the third party links that may appear on this Website?
In some instances, CCS may provide links to non-CCS controlled Websites, which CCS will make reasonable efforts to identify as such. CCS does not control such third party Websites, however, and cannot be responsible for the content or the privacy practices employed by other Websites. Furthermore, this Privacy Notice does not govern information collected about you by third parties.
This Website may also use web beacons. A web beacon is usually a pixel on a website that can be used to track whether a user has visited a particular Website to deliver targeted advertising. Web beacons are used in combination with cookies, which means that, if you turn off your browser's cookies, the web beacons will not be able to track your activity. The web beacon will still account for an anonymous visit, but your unique information will not be recorded.
Information collected by web beacons may include IP address information (see below). Web beacon information is also used for:
· Advertising and email auditing and reporting;
· Site traffic reporting; and
· Unique visitor counts.
An Internet Protocol (IP) address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.
CCS may keep track of IP addresses to, among other things:
· Maintain Website safety and security;
· Restrict access to our Websites to certain users;
· Troubleshoot technical issues; and
· Better understand how CCS Websites are used.
CCS (or third parties on behalf of CCS) may collect information in the form of log files that are recording Website activities and statistics about web users' habits.
Log files are used for internal purposes only, they are never associated with any particular user. By using log files, CCS can constantly improve and customize their Websites and applications.
The entries are generated anonymously, and help us gather, among other things:
· Internal marketing and demographic studies;
· A user’s browser type and operating system;
· Information about a user’s session (such as the URL, the date and time our Website was visited and which pages and for how long were viewed on our Website); and
· Other similar navigational or click-stream data.
Social Network Information
Social network information is any information that you permit a third party social network to share with third party application developers. Social network information includes any information that is part of your profile on a third party social network. Such social network may include, but is not limited to, Twitter, Facebook, google+).
To find out how your information from a social network may be obtained by us (or other third party application developers), please go on the website of the relevant social network. Furthermore, you acknowledge that we may use your Personal Information to match information with a social network for advertising purposes.
CCS cannot make assurances about the security of information that you share with third parties, including information you share with social media sites.
For more information about cookies and other tracking technologies, click here.
How long do we keep your Personal Information?
The Personal Information you provide to CSS is only kept for as long as it is reasonably necessary, taking into account our need to resolve customer service issues, comply with local law requirements and provide improved and new services to users. This means that we may retain your Personal Information for a reasonable period after you stopped using the CCS Website or application. After this period, your Personal Information will be deleted from all systems of CCS, without notice.
What additional information should specific users know?
Parents, Guardians, and Children: This website is intended for visitors who are at least 18 years of age. CCS does not knowingly solicit information from, or market products or services to, children. If you are under the age of 18, please do not enter your Personal Information on this or any other CCS website.
Users from California: Annually California residents may request and obtain information that CCS shared with other businesses for their own direct marketing use within the prior calendar year (as defined by California’s “Shine the Light Law”). If applicable, this information would include a list of the categories of Personal Information that was shared and the names and addresses of all third parties with which CCS shared this information in the immediately preceding calendar year. To obtain this information, please send an email message to firstname.lastname@example.org with “California Shine the Light Privacy Request” in the subject line as well as in the body of your message.
Users from the EU: You have the right to lodge a complaint with your national or state data protection authority, which may also be known as a supervisory authority. You also have the right to request access to and correction or erasure of your Personal Information, seek restrictions on or object to the processing of certain Personal Information, and seek data portability under certain circumstances. To contact CCS about a request to access, correct, erase, object or seek restrictions or portability, please use the contact methods indicated at the end of this notice.
Users from the US: CCS does not collect Social Security Numbers through its websites. CCS does, however, collect Social Security Numbers where required by law, such as for tax and payroll purposes for its employees. When CCS collects and/or uses Social Security Numbers, CCS will take proper care by protecting confidentiality, limiting access on a need-to-know basis, and implementing appropriate technical safeguards and retention plans.
How might CCS change this Privacy Notice?
As CCS expands and improves its Websites and its Apps, we may need to update this Privacy Notice. This Privacy Notice may be modified from time to time without prior notice. We encourage you to review this Privacy Notice on a regular basis for any changes. Substantive changes will be identified at the top of the Privacy Notice.
How can you contact CCS?
If you have any comments or questions or if there are other things we can do to maximize the value of this Website or App to you, please email email@example.com. If you have questions about CCS’s privacy practices in general, please email firstname.lastname@example.org.
In the event that you are located in a country that will be governed by the General Data Protection Regulation and would like to contact the local Data Protection Officer, please note that in your email and your inquiry will be directed to the appropriate person. If you wish to opt-out from sharing your Personal Information with us or have your Personal Information be removed, you should follow this link.
Last updated on May 22, 2017
Copyright © 2016, UTC Climate, Controls & Security. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of CCS or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of CCS or such respective holders. CCS reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.