Common use of License and Restrictions Clause in Contracts

License and Restrictions. The App is only licensed to you under the terms of this ▇▇▇▇. Subject to your continued compliance with this EULA, ▇▇▇▇▇▇ grants you a non-exclusive, non-transferable, non-sublicensable, revocable, personal, and limited license to access and use the App solely for its intended purpose in accordance with any accompanying documentation. The App is a proprietary asset of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ reserves all rights in the App, except you have the right to use it in connection with the installation and maintenance of the Lennox equipment being installed (“Product”). The App may include software and other products provided by third parties. You acknowledge that these third parties may have a proprietary interest in the App and your use of the App is subject to the applicable third-party terms and conditions. You may not use the App, interfaces, or the related intellectual property for any products or accessories other than the Product. You may not (i) copy, decompile, reverse engineer, disassemble, attempt to derive the source code, decrypt, modify or create derivative works of the App, (ii) distribute, make available, rent, lease, lend, sell, or sublicense the App or otherwise exploit or make the App available to a third party, including but not limited to using the App for timesharing, service bureau or other similar purposes, (iii) conceal or remove any title, trademark, copyright, proprietary or restricted rights notice contained in the App or related components or modules, (iv) disable, tamper or circumvent any of the security mechanisms provided with or embedded in the App or related modules, or (v) send to Lennox or any of its affiliates, or cause to be sent to Lennox or any of its affiliates, any software, viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. You acknowledge and agree that your rights under this EULA do not include rights to source code. In your exercise of the rights granted under this EULA, you agree not to take any action that would result in any requirement to disclose or make available to other parties the App in source code format. ▇▇▇▇▇▇ may update or replace the App and related documentation from time to time without notice to you. ▇▇▇▇▇▇ has no duty to maintain the App. ▇▇▇▇▇▇ reserves the right to terminate this license at any time in its sole discretion.

Appears in 1 contract

Sources: End User License Agreement

License and Restrictions. 2.1 The App is only licensed to you under Company grants the terms of this ▇▇▇▇. Subject to your continued compliance with this EULA, ▇▇▇▇▇▇ grants you Licensee a non-exclusive, non-transferable, non-sublicensable, revocable, personal, and limited license sublicensable right to access and use the App solely Software under the terms and conditions of this Agreement. 2.2 The Licensee shall only use the Software for the purposes of its intended purpose own business or organisation and by the number and/or devices of users specified in accordance with any accompanying documentationthe Order or the Sale agreement. 2.3 The License is granted to the Licensee for the use of the Software: (i) when the Software refers and is directly included into the tool mentioned in the Order or Sale agreement the License is granted only for the sole using of the tool; (ii) when the Software refers and is stored on electronic devices or computer, the License is granted only for the Designated Equipments and number of users mentioned in the Order or Sale agreement. The App License is a proprietary asset of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ reserves all rights granted exclusively for the use on the Site, if not mentioned otherwise in the App, except you order or sale agreement. Being specified that the Company shall have the right to visit the Site at any time to be sure that the use it of the Software complies with the provisions of this Agreement in particular with the provisions of Clauses 6 or 7. In the event the Licensor becomes aware of a misuse or a use contrary to what has been agreed in an Order or a Sale Agreement, Licensor is entitled to immediately – and without any damages being due – revoke the use of the License by the Licensee. 2.4 The Licensee undertakes not to, nor to permit any third party to, incorporate the Software in any other program nor to copy, adapt, decompile, disassemble, replicate or reverse engineer the same except to the extent permitted bylaw notwithstanding this limitation. 2.5 The Licensee shall not, among others, use the Software to provide any services to a third party. 2.6 The Company may take technical measures to protect the Software. The Licensee may not remove, tamper with or evade such protection or measures. 2.7 The Licensee is not allowed to make copies of the Software without the prior written consent of the Company. The copies authorised shall remain under the control of the Licensee. 2.8 Development or modification of the Software is only allowed by the Company or authorized subcontractors by the Company. Authorized subcontractors must therefore respect terms and conditions of this Agreement for any installation or modification of the Software 2.9 The Licensee must comply promptly with any reasonable instructions given by the Company from time to time in connection with the installation use and maintenance operation of the Lennox equipment being installed (“Product”). The App may include software Software. 2.10 If the License to use the Software is terminated or expired, the Licensee shall return all copies thereof, including all backup copies authorised, and other products provided by third parties. You acknowledge that these third parties may have a proprietary interest in the App and your use of the App is subject associated materials to the applicable third-party terms Company. Alternatively, the Licensee may destroy all copies thereof and conditions. You may not use associated materials and certify the App, interfaces, or same in writing to the related intellectual property for any products or accessories other than the Product. You may not (i) copy, decompile, reverse engineer, disassemble, attempt to derive the source code, decrypt, modify or create derivative works of the App, (ii) distribute, make available, rent, lease, lend, sell, or sublicense the App or otherwise exploit or make the App available to a third party, including but not limited to using the App for timesharing, service bureau or other similar purposes, (iii) conceal or remove any title, trademark, copyright, proprietary or restricted rights notice contained in the App or related components or modules, (iv) disable, tamper or circumvent any of the security mechanisms provided with or embedded in the App or related modules, or (v) send to Lennox or any of its affiliates, or cause to be sent to Lennox or any of its affiliates, any software, viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. You acknowledge and agree that your rights under this EULA do not include rights to source code. In your exercise of the rights granted under this EULA, you agree not to take any action that would result in any requirement to disclose or make available to other parties the App in source code format. ▇▇▇▇▇▇ may update or replace the App and related documentation from time to time without notice to you. ▇▇▇▇▇▇ has no duty to maintain the App. ▇▇▇▇▇▇ reserves the right to terminate this license at any time in its sole discretionCompany.

Appears in 1 contract

Sources: End User License Agreement

License and Restrictions. The App System is only licensed to you under the terms of this ▇▇▇▇. Subject to your continued compliance with this EULA, ▇▇▇▇▇▇ , Lennox grants you a non-exclusive, non-transferable, non-sublicensable, revocable, personal, personal and limited license to access and use the App System solely for its intended purpose in accordance with any accompanying documentationapplicable documentation published by Lennox (the “Documentation”). The App is a System consists of proprietary asset assets of ▇▇▇▇▇▇ Lennox which may be protected by copyright law, trade secret law, and ▇▇▇▇▇▇ patent law, and Lennox reserves all rights in the AppSystem, except that you have the right to use it in connection accordance with the installation and maintenance of the Lennox equipment being installed (“Product”)Documentation. The App System may include software and other products components provided by third parties. You acknowledge that these third parties may have a proprietary interest in the App System and that your use of the App System is subject to the applicable third-third party terms and conditions. You may not use the Appnot, interfaces, directly or the related intellectual property for any products or accessories other than the Product. You may not indirectly: (i) copy, decompile, reverse engineer, disassemble, attempt to derive the source code, decrypt, modify or create derivative works of based on the AppSystem, (ii) distribute, make available, rent, lease, lend, sell, or sublicense the App System or otherwise exploit any of the System or make the App System available to a third party, including but not limited to using the App System for timesharing, service bureau or other similar purposes, (iii) conceal or remove any title, trademark, copyright, proprietary or restricted rights notice contained in any part of the App or related components or modulesSystem, (iv) disable, tamper or circumvent any of the security mechanisms provided with or embedded in the App or related modulesSystem, or (v) send to Lennox or any of its affiliates, or cause to be sent to Lennox or any of its affiliates, third party any software, viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. You acknowledge and agree that your rights under this EULA ▇▇▇▇ do not include rights to source code. In your exercise of the rights granted Lennox may, but is under this EULAno requirement to, you agree not to take any action that would result in any requirement to disclose or make available to other parties the App in source code format. ▇▇▇▇▇▇ may update or replace the App System and related documentation Documentation from time to time without notice to you, including by automatically and remotely installing such updates to your System. ▇▇▇▇▇▇ has no duty The System may include software files subject to maintain certain open source license agreements. Such open source software files are subject to the Appnotices and additional terms and conditions that are referenced to within the open source software file and applicable open source license agreements. ▇▇▇▇▇▇ reserves For more information about Lennox’s use of open source software in the right to terminate this license at any time in its sole discretionSystem, please visit [URL].

Appears in 1 contract

Sources: End User License Agreement

License and Restrictions. The App is Products are only licensed to you under the terms of this ▇▇▇▇. Subject to your continued compliance with this EULA▇▇▇▇, ▇▇▇▇▇▇ grants you a non-exclusive, non-transferable, non-sublicensable, revocable, personal, and limited license to access and use the App Products solely to use the thermostat for its intended purpose in accordance with any documentation accompanying documentationthe thermostat. The App is a Products are proprietary asset assets of ▇▇▇▇▇▇ Lennox, and ▇▇▇▇▇▇ reserves all rights in the AppProducts, except you have the right to use it them in connection with the installation and maintenance normal operation of the Lennox equipment being installed (“Product”)smart thermostat that you have purchased from a qualified Lennox dealer. The App Products may include software and other products provided by third parties. You acknowledge that these third parties may have a proprietary interest in the App Products and the Products may contain third party materials and your use of the App Products is subject to the applicable third-party terms and conditions. You may not use the AppProducts, interfaces, or the related intellectual property for any products or accessories other than the ProductLennox smart thermostat. You may not (i) copy, decompile, reverse engineer, disassemble, attempt to derive the source code, decrypt, modify or create derivative works of the AppProducts, (ii) distribute, make available, rent, lease, lend, sell, or sublicense the App Products or otherwise exploit any of the Products or make the App Products available to a third party, including but not limited to using the App Products for timesharing, service bureau or other similar purposes, (iii) conceal or remove any title, trademark, copyright, proprietary or restricted rights notice contained in any of the App Products or related components or modules, (iv) disable, tamper or circumvent any of the security mechanisms provided with or embedded in any of the App Products or related modulesmodule, or (v) send to Lennox or any of its affiliates, or cause to be sent to Lennox or any of its affiliates, any software, viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. You acknowledge and agree that your rights under this EULA ▇▇▇▇ do not include rights to source code. In your exercise of the rights granted under this EULA▇▇▇▇, you agree not to take any action that would result in any requirement to disclose or make available to other parties the App Products in source code format. ▇▇▇▇▇▇ Lennox may update or replace the App Products and related documentation from time to time without notice to you. ▇▇▇▇▇▇ has no duty to maintain the AppProducts. ▇▇▇▇▇▇ reserves the right to terminate this license at any time in its sole discretion. Portions of the Lennox smart thermostat software include software files subject to certain open-source license agreements. Such open-source software files are subject to the notices and additional terms and conditions that are referenced to within the open-source software file and applicable open-source license agreement(s). For more information about ▇▇▇▇▇▇’▇ use of open-source software in this Product, please visit ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/terms-and-conditions. User Information As part of registering your Lennox smart thermostat, you may be asked to provide certain personal information including, but not limited to, your name, e-mail address, phone number, mailing address, and location and/or geo-location (and together with any other personal information you voluntarily provide, collectively, “Personal Information”). You may choose not to provide Personal Information, but some features of the Lennox smart thermostat and the Products may be unavailable, such as your geo-location. In addition, certain features, such as the “Smart Away” feature (if enabled), will continue to collect your Personal Information even while the application is not active. In addition to the Personal Information you provide, Lennox and its subsidiaries, affiliates, and agents may collect and use diagnostic, technical, and other usage information related to your Lennox smart thermostat and your use of the Products (“Non-Personal Information”). Non-Personal Information collected may include, without limitation, device information such as IP address, device ID, operating system, and application information for any device you use to access the Products, and usage information such as clicks, interactions, pages or screens viewed, requests made, and features used. You agree that ▇▇▇▇▇▇ and its subsidiaries, affiliates and agents may collect, maintain, process, use and share such Personal Information and Non-Personal Information for their business purposes and to improve the functionality of the Products and other products, as further described in, and in accordance with, the Lennox Privacy Statement available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/privacy. In addition to the terms set forth in the Privacy Statement, when you choose to register your thermostat with a particular dealer, you are granting that dealer access to and use of your Personal Information and Non-Personal Information, and you agree that dealers may collect, use and disclose your Personal Information and Non- Personal Information in accordance with this ▇▇▇▇ and the Lennox Privacy Policy as though that information had been received by ▇▇▇▇▇▇ directly from you. Account Deletion Depending on applicable data protection and privacy laws, you may be entitled to a variety of legal rights regarding the collection and processing of your Personal Information, including but not limited to the right to know the Personal Information we collect and process about you, the right to access or correct such Personal Information, and the right to erasure. You may exercise these rights, to the extent they apply to you, by contacting us via email at ▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. Note that we may request certain reasonable additional information (that may include Personal Information) to help us authenticate your identity, your request(s), and/or to clarify or understand the scope of such requests. We will respond to a valid request relating to your rights within one month of receipt, or within three months where a request is complex or challenging. To learn more about how ▇▇▇▇▇▇ handles your data, see our Privacy Statement located at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/privacy.

Appears in 1 contract

Sources: End User License Agreement