RIMOT END USER LICENSE AGREEMENT
IMPORTANT, PLEASE READ CAREFULLY: THIS END USER LICENSE AGREEMENT “EULA” IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND RIMOT.IO INC (“RIMOT”), FOR THE RIMOT MONITORING SERVICE (the “SERVICE”), WHICH MAY INCLUDE SOFTWARE AND ASSOCIATED DOCUMENTATION (“SOFTWARE”). BY INSTALLING OR OTHERWISE USING THE SOFTWARE OR THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT USE THE SOFTWARE OR THE SERVICE.
1.0 License Grant
This EULA grants You a non-exclusive, non-transferable license to use the Service (including the Software, in object code form) for internal business purposes under the terms and conditions stated herein. This EULA may be updated from time to time, in RIMOT’S sole discretion, and will be made available at https://www.rimot.io/eula.
2.0 Conditions of the Service
The information provided by the Service is intended to assist You in the commercial operation and maintenance of remote networks and facilities. The Service is not intended to replace industry best practices, and You shall use the Service with other tools and information to make any related operational decisions. Although RIMOT attempts to provide continuous availability, use of the Service is for informational purposes only and delivered using commercially reasonable efforts.
You acknowledge that RIMOT uses third party hosting partners to provide technology required to run the Service and that the technical processing and transmission of data and information, including content provided by You, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changed to conform and adapt to technical requirements of connecting networks or devices.
Except as otherwise expressly permitted in this Agreement, You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without the express written permission of RIMOT. Further, You shall not: (i) take any action that imposes or may impose (as determined by RIMOT in its sole discretion) an unreasonable or disproportionately large load on RIMOT’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures RIMOT may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of autoresponder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any portion of the Service.
You will not will not (a) process third party data (as a service provider), provide commercial hosting services, sell, sublicense, rent or lease the Service to another party, (b) decompile, disassemble, reverse engineer or modify in any manner, any aspect of the Service (except to the extent such prohibition is expressly prohibited by law), (c) use the Service in violation of any applicable laws or regulations, and (d) disclose, transfer or otherwise make available the results of any performance or functionality tests of the Service, to any third party without the prior written consent of RIMOT.
Information provided through the use of the Service is intended to assist the You in the commercial operation and maintenance of remote networks and facilities. The Service is not intended to replace industry best practices, and the You shall use the Service with other tools and information to make any related operational decisions. Although RIMOT attempts to provide continuous availability, use of the Service is for informational purposes only and delivered using commercially reasonable efforts.
3.0 Demonstration or Early Release Licenses
Demonstration or early release products can be used in your own production environment in accordance with the terms and conditions of this EULA. There is no obligation to support, maintain or provide any assistance regarding any of these demonstration or early release products. In no event will RIMOT be liable for any damages for any claim or cause for any direct, actual, indirect damages, loss of data, consequential, incidental or special indirect damages associated with such demonstration or early release products, even if RIMOT has been advised of the possibility of such damages.
4.0 Customer Support and Information
5.0 Weather and Lightning Data Accuracy
You acknowledge and agree that the weather data and lightning data supplied as part of the Service is based on both public and private weather models and are available as estimates only. Actual conditions may vary from these estimates.
Experience has shown that the resolution, timeliness, and format which lightning data are presented within various displays and products, does not provide a total solution with regard to addressing concerns regarding the presence of convective activity and/or lightning and their potential impact on the safety of personnel and/or safeguarding of facilities, whether it be of immediate or short term concern. Interpretation and application of the data, as well as any comparative analysis and/or prognosis or similar activities done by You, is done so solely at your risk and have not directly or indirectly been implied, condoned or recommended by RIMOT, and/or its data suppliers.
6.0 Intellectual Property Rights
All right, title and interest to the intellectual property rights in and to the Service are owned by RIMOT and / or its licensors and is protected by Canadian, United States and other countries’ patent, copyright, trade secret and other laws and international treaties. Such licensors, in addition to any other rights or remedies available to them, are third party beneficiaries of this EULA for their respective software. The Service is LICENSED, NOT SOLD. The Service may be protected by patents, and certain design layouts and logos used in the software are protected by trademarks.
During the term of this EULA and for a period of one year thereafter, Rimot may, during normal business hours and upon reasonable prior notice to You, inspect your files, computer processors, equipment and facilities to verify your compliance with this EULA.
8.0 Open Source and Third Party Software
“Open Source” means various open source software components licensed under the terms of applicable open source license agreements included in the materials relating to such software. Open Source software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. A current list of Open Source Software and third party software components used by Rimot can be found at https://www.rimot.io/eula-oss.
9.0 Limited Warranty and Limitation of Liability
RIMOT warrants that it has the right and authority to grant the License under this EULA. Rimot will defend or, at its option, settle any action against You based upon a claim that your use of the Service infringes any patent, copyright or other intellectual property right of a third party, and will indemnify You against any amounts awarded against You as a result of the claim, provided RIMOT is promptly notified of the assertion of the claim and has control of its defense or settlement.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED ‘AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RIMOT OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY RIMOT DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY.
In no event will Rimot, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Service, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.
The Service is not designed or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, or other devices or systems in which a malfunction of the Service would result in foreseeable risk of injury or death to the operator of the device or system, or to others. The Service is not intended for use by individual consumers but it solely intended for use by businesses for their internal operation purposes only.
10.0 Force Majeure
RIMOT will not be liable for any damages, delays or failure in performance under this EULA caused by acts or conditions beyond its reasonable control or without its fault or negligence, including but not limited to “acts of God”, delays caused by governmental authorities, strikes, lockouts and other labour unrest, delays in obtaining governmental approvals and similar conditions.
This EULA sets forth RIMOT’S entire obligation and your exclusive rights with respect to the Service and, except to the extent otherwise specifically provided in a purchase order or other written communication or advertising signed or jointly issued by both parties with respect to the Service, supersedes any conflicting terms of any purchase order and any other communication or advertising with respect to the Service. No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of those rights. If any provision of this EULA is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this EULA will not be affected. This EULA will be governed by the laws of Nova Scotia, Canada, without regard to its choice of law principles. You agree that exclusive jurisdiction for any claim or dispute arising out of or in connection with this EULA resides in the Courts of in Halifax, Nova Scotia.