DEVI Smart App - End User License Agreement and Disclaimer
1. License This end user license agreement and disclaimer (“Agreement”) 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 DEVI Smart App (“Application”), for User’s use on any device that User owns or controls. The License is granted subject to User’s compliance with the following:
a) The terms of this Agreement
2. Consent to use of data By installing and using the Application you agree that Danfoss may collect, use, register and store information concerning your heating requirements, user set-points, IP-addresses, software and hardware attributes, connection errors and user interaction. Such information is used by Danfoss to improve default settings and enhance the performance of the Application.
3. Proprietary Rights This License and the Application contains proprietary information which is owned by Danfoss and protected by applicable intellectual property rights. Except as expressly permitted 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 Danfoss 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.
4. Third Party Components The Application 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 under Open source licenses 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 Agreement, then such rights shall take precedence over the rights and restrictions granted in this Agreement solely for such Third Party Components.
5. 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 Application and results and information generated thereby cannot substitute 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 Application, whether express, implied, or statutory, including, but not limited to, conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy and non-infringement of third parties’ rights. Danfoss does not warrant that the Application 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 Danfoss be liable for any direct, special, indirect or consequential 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 Application.
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 substantive law of Denmark. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts in Denmark.