User Guide
EP Series User Programming Guide 68
8. End User License Agreement
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR
AN ENTITY, AN ENTITY) AND NORTEK SECURITY & CONTROL LLC. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY
INFORMATION AND LIABILITY DISCLAIMERS. BY USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN. DO NOT USE THE SOFTWARE.
1. Denitions
1. “Nortek Security & Control” means Nortek Security & Control LLC.
2. “Product” means only the Nortek Security & Control EP Series and other Nortek Security & Control products.
3. “Software” means only the Nortek Security & Control software program(s) and third party software programs, in each case, provided by Nortek Security & Control in connection with the Products, and may include corresponding
documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to you.
2. License Grants
1. You may use the Software on an EP Series product; provided, however, that, notwithstanding anything contrary contained herein, you may not use the Software on any non-Nortek Security & Control product or device, including,
but not limited to, mobile devices, internet appliances, set top boxes (STB), home automation systems or any other consumer electronics devices. You may upgrade the Software on an Nortek Security & Control EP Series product
following procedures authorized by Nortek Security & Control.
2. You agree that Nortek Security & Control may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in
full compliance with the terms of this Agreement, you shall reimburse Nortek Security & Control for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
3. Your license rights under this EULA are non-exclusive.
3. License Restrictions
1. You may not make or distribute copies of the Software, or electronically transfer the Software from a Nortek Security & Control product to another Nortek Security & Control product, or to a computer or over a network.
2. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3. You may not sell, rent, lease, or sublicense the Software.
4. You may not modify the Software or create derivative works based upon the Software.
5. You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
6. In the event that you fail to comply with this EULA, Nortek Security & Control may terminate the license and you must stop using this Software and stop operating the Nortek Security & Control EP Series product (with all other rights of
both parties and all other provisions of this EULA surviving any such termination).
7. You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop
like software or other technology, to determine communications protocols used by the Nortek Security & Control EP Series Product or to determine if such software or other technology performs in a similar manner as the Software.
8. You may not extract any JavaScript from the Software and use it in some other application.
4. Ownership
The foregoing license gives you limited license to use the Software. Nortek Security & Control and its licensors and suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software
and all copies thereof. All rights not specically granted in this EULA, including Federal and International Copyrights, are reserved by Nortek Security & Control and its suppliers.
5. WARRANTY DISCLAIMER
1. THE SOFTWARE IS PROVIDED TO YOU ON AN “AS-IS” BASIS. NORTEK SECURITY & CONTROL PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE SOFTWARE.
2. NORTEK SECURITY & CONTROL AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. NORTEK SECURITY & CONTROL DOES NOT
WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS
EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT FAULT TOLERANT, AND IS NOT DESIGNED, INTENDED OR LICENSED FOR SECURITY SYSTEMS USE OR ANY OTHER USE IN HAZARDOUS ENVIRONMENTS
REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION
SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. NORTEK SECURITY & CONTROL SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH
PURPOSES.
3. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
4. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NORTEK SECURITY & CONTROL, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
5. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
6. NORTEK SECURITY & CONTROL SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE WITH OTHER THAN
A RECOMMENDED HARDWARE CONFIGURATION.
Restrictions. This warranty does not apply to any Nortek Security & Control Products that: (a) have been altered, except by Nortek Security & Control or with the written permission of Nortek Security & Control, (b) have not been
installed, operated, repaired, or maintained in accordance with instructions supplied by Nortek Security & Control, (c) have been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, (d) are licensed,
for beta, evaluation, testing or demonstration purposes; or (e) are systems for which Nortek Security & Control has not received a payment of purchase price or license fee.
6. LIMITATION OF LIABILITY
1. NEITHER NORTEK SECURITY & CONTROL NOR ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING
OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF NORTEK SECURITY & CONTROL OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. NORTEK SECURITY & CONTROL’S AND IT’S LICENSORS AND SUPPLIERS TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR
THE SOFTWARE THAT CAUSED SUCH DAMAGE.
3. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU
AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
4. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.
The Warranty Disclaimer and Limited Liability set forth above inure to the benet of Nortek Security & Control’s licensors and suppliers.
7. Software Transfer Allowed But With Restrictions.
You may permanently transfer rights under this EULA only as part of a permanent sale or transfer of the Nortek Security & Control product, and only if the recipient agrees to this EULA. If the Software is an upgrade, any transfer must
also include all prior versions of the Software.
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND.
This Software and the documentation are provided with “RESTRICTED RIGHTS” applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the US Government is subject to restrictions
as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: Nortek
Security & Control LLC, 5919 Sea Otter Place, Suite 100, Carlsbad, CA 92010.
9. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
10. Third Party Software
The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are listed below and are made a part of and
incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.
11. This EULA shall be governed by the laws of the appropriate United States jurisdiction, without giving effect to principles of conict of laws. In each case this EULA shall be construed and enforced without regard to the United