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Test drive our capabilities with monitoring power distribution at no cost. This trial software enables you to attain visibility of up to 50 device indicators from your critical power path.
END USER LICENSE AGREEMENT
This Click-Through Agreement contains the terms and conditions upon which ABB Inc. (“ABB”) grants to you (“Licensee”) a limited license to use the “Decathlon for Data Centers Preview” software (the “Product”). By clicking “I AGREE”, you acknowledge that you have read and accept the terms and conditions of this Agreement in its entirety.
IF YOU ARE ENTERING INTO THIS AGREEMENT WITHIN THE SCOPE OF YOUR EMPLOYMENT OR IN CONNECTION WITH YOUR ENGAGEMENT AS AN INDEPENDENT CONTRACTOR, THE TERM “LICENSEE” OR “YOU” INCLUDES YOUR EMPLOYER OR PRINCIPAL CONTRACTOR, AS APPLICABLE, AND YOU WARRANT AND REPRESENT TO ABB THAT YOU ARE AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH EMPLOYER’S OR PRINCIPAL CONTRACTOR’S BEHALF.
This end-user license agreement is a legal agreement between you and ABB for the Product identified below. An amendment or addendum to this agreement may accompany the Product.
BY INSTALLING, OR OTHERWISE USING THE PRODUCT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, YOU ARE NOT ENTITLED TO INSTALL OR USE THE PRODUCT.
1) THE PRODUCT
For the purposes of this agreement, the term "Product" shall mean all software and related information provided by ABB under this agreement.
The Product includes computer software, a License Key, and online or electronic documentation. The Product software includes a number of functional options and selectable configuration and capacity limits, which are specified in the License key.
The term "host server" shall mean a single Windows OS computer onto which the Product software is installed and configured such that the computer performs the functions of the Product. Multiple client computers can access and view data from the server concurrently.
The Product may include software, which is owned by a third party. For such software separate license terms and conditions may apply.
2) GRANT OF LICENSE
ABB grants you the following non-exclusive, non-transferable limited license (without the right to grant sub-licenses) with restricted rights, provided that you comply with all the terms and conditions of this agreement.
2.1) Installation and Use
You may install and run the Product on one host server, and use, access, and display the functional options that are specified in the License Certificate, for the intended use as defined in the product documentation, and within the configuration and capacity limits that are specified in the License Certificate.
A License for the Product may not be shared or used concurrently on other host servers.
Except as otherwise agreed in writing by ABB, you must only install the Product and make the Product available for use on hardware systems owned, leased or controlled by you.
You must ensure that only an Authorized User uses the Product and only in accordance with these terms and conditions. For purposes of this Agreement, an “Authorized User” is an employee of yours or authorized Representative.
2.2) Storage and Network Use
Other than as set forth below, you may copy the Product for data protection, archiving and backup purposes only and for no other purpose. However, only the strictly necessary number of backup copies may be made. All copies must carry the same copyright notice as the original product.
You may store a copy of the Product on a storage device, such as a network server, for use for installing the Product over an internal network onto the Decathlon Preview Server.
You may not copy the product for any other purpose.
2.3) Network Connection and Internet Based Functions
The Product is intended for use on a system of one or more computers that are interconnected by means of a computer communication network. The Product contains functions that can be configured to allow network access to/from other computer systems on the same or other networks. Further, the Product contains functions that can be configured to utilize Internet-based services. You acknowledge and agree that you are responsible for the safe and secure configuration and use of these functions and network connections.
2.4) Limitations in Use
You may not use the product for planning, construction, maintenance, or operation, directly or indirectly, of nuclear facilities, flight navigation, aircraft control, air traffic control and ground support equipment, missile technology, and facilities for weapons of mass destruction, or within or in conjunction with any other solution or program unless this use is explicitly approved by ABB in writing in each and every case. Such approval shall be granted only if ABB’s liability for damage to property, personal injury and death, damage to plant as well as property located there or in its vicinity, and all consequential and incidental costs and losses connected with any of the aforesaid is excluded by law and by contract to the satisfaction of ABB.
For the purposes of this agreement the term "nuclear facilities" shall mean any nuclear facility, including, but not limited to, nuclear power plants, nuclear fuel manufacturing plants, uranium enrichment plants, uranium conversion plants, spent nuclear fuel conversion plants, spent nuclear fuel storage plants, and research reactors. The term "facilities for weapons of mass destruction" shall mean any facility for design, manufacturing, storage, transportation, controlling, dispatching, and destruction of weapons of mass destruction, including, but not limited to, nuclear, chemical, and biological weapons.
2.5) Reservation of Rights
ABB reserves all rights not expressly granted to you in this agreement. The Product and all copies thereof are protected by copyright and other intellectual property laws and treaties.
3) TRANSFER OF RIGHTS
You may move the Product to a different host server.
3.2) Transfer to Third Party
You may not transfer the rights granted through this agreement to another end user. You may not include the Product or its functionality into derived products or solutions that are sold, leased, lent or provided to 3rd parties.
4) LIMITATION ON REVERSE ENGINEERING, DE-COMPILATION, AND DISASSEMBLY AND OTHER OBLIGATIONS
4.1) You may not reverse engineer, de-compile, or disassemble the Product.
4.2) You may not vary or amend the Product.
4.3) You may not publish, broadcast, circulate, or refer publicly to the ABB name, trade name, trademark, service mark or logo.
4.4) You may not rebrand the Product
4.5) The features and functionality of the Product may only be used as a standalone product within your working/production environment to monitor devices and is not to be combined with any other product, software or solution.
5) EXPORT RESTRICTIONS
You may not use or otherwise export or re-export the Product except as authorized by United States law and the laws of the jurisdiction in which the Product was obtained. In particular, but without limitation, the Product may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U. S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Product you represent and warranty that you are not located in any such country or on any such list. You also agree that you will not use the Product for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
6) INTELLECTUAL PROPERTY RIGHTS
You agree that the Product contains proprietary content, information and material that is protected by applicable intellectual property and other laws and rights, including but not limited to copyright and that you will not use such proprietary content, information or materials in any way whatsoever except for the permitted use of the Product. You agree not to modify, rent, loan sell, distribute or create derivative works based on the Product and you shall not exploit the Product in any unauthorized way whatsoever. ABB or its suppliers own the title, copyright, and other intellectual property rights in the Product.
You may not disclose to any third party the software or any information of commercial or technical nature provided by ABB as part of or in association with the Product. You agree to not disclose benchmark test results related to the Product to any third party.
7) Data Privacy
ABB respects the privacy of our customers and business partners. We recognize the need for appropriate protections and management of your personal information that you provide to ABB. ABB is committed to taking reasonable efforts to secure the personal data you provide. To protect the privacy of any personal information you may have provided, ABB employs industry-standard controls including physical access controls, encryption, Internet firewalls, intrusion detection, and network monitoring. In addition, access to personal information is limited to those individuals having a need to know. ABB strictly adheres to all applicable Data Privacy laws and any information gathered will not be transferred or sold to any non-ABB company without your consent.
8) ENTIRE AGREEMENT
This agreement, including any addendum or amendment to this agreement that is included with the Product, is the entire agreement between you and ABB relating to the Product and related support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations, with respect to the Product or any other subject matter covered by this agreement. To the extent the terms of any ABB policies or programs for support services conflict with the terms of this agreement, the terms of this agreement shall control.
Without prejudice to any other rights, ABB may cancel this agreement if you do not abide by the terms and conditions of this agreement, in which case you must delete the Product from your host server. You may choose at any time to stop using the product at which time you should delete the Product from your host server.
10) APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the substantive laws of the state of New York. Any and all causes of action against ABB under this Agreement shall be brought in the State Courts of the State of New York, or the U.S. District Court for the Southern District of New York. If any provision hereof, partly or completely, shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision or portion hereof and these terms shall be construed as if such invalid or unenforceable provision or portion thereof had never existed.
11.1) ABB will indemnify you against any third party claim that the Product infringes upon intellectual property rights of any third party, provided that:
(i) you promptly notify ABB in writing of the claim;
(ii) ABB shall have the sole control of the defense and all related settlement negotiations; and
(iii) you provide ABB with the assistance, information and authority necessary for ABB to perform its obligations under this section.
ABB shall have no liability towards you in respect of an actual or alleged intellectual property right infringement if this results from any breach by you of (i) your obligations under these license terms or (ii) of any other agreement between you and ABB.
If the Product is held to constitute an intellectual property rights infringement, or such is considered by ABB to constitute such infringement, ABB shall have the option, at its own expense, to:
(i) modify the Product so that it no longer constitutes an infringement;
(ii) obtain a license for you to continue using the Product notwithstanding such infringement; or
(iii) replace the Software Product with substitutes which do not constitute infringements, provided that such substitutes do not entail a material diminution in performance or function.
11.2) You agree to indemnify and hold ABB harmless from and against any and all claims, liabilities, causes of action, and damages arising from injury to, or death of, any person, and/or damage to any property arising out of your use of the Product. You further agree to indemnify and hold ABB harmless from and against any and all claims, liabilities, causes of action, and damages arising from modifications or additions to the Product by you not provided or specifically approved in writing by ABB.
ABB IS PROVIDING THE PRODUCT TO YOU "AS IS”. NO WARRANTY OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED (INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE), SHALL APPLY.
13) EXCLUSION OF LIABILITY
IN NO EVENT SHALL ABB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT OR USE OF THE PRODUCT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW.
This Agreement may not be amended except with the written agreement of ABB whose consent may be withheld in its complete discretion without any requirement to provide reasons.
Failure by ABB to enforce any particular term of this Agreement shall not be construed as a waiver of any of its rights under it.
I have read and agree to the terms of the end user license agreement.