Software EULA

User License Agreement

This is a software license agreement between Control Concepts Inc. and you, as purchaser of a Control Concepts Inc. device, for the use of the Control Panel software program, including any accompanying documentation. By using this program, you indicate that you accept all terms of this agreement. If you do not agree to all the terms and conditions of this agreement, do not use the program, Help file or any accompanying documentation; instead, delete them from your computer.

Grant of License

In consideration of payment of the license fee, which is part of the price you paid your Control Concepts Inc. device, Control Concepts Inc., as licensor, grants to you the right to use the enclosed program to interface with only the Control Concepts Inc. device as part of your business subject to the terms and restrictions set forth in this license agreement. You are required to register the Control Panel software within 10 days of installation using our online registration tool at http://controlpanel.ccipower.com/register to continue using the software.

Device and application information sharing

By using the Control Panel software, you agree to share with Control Concepts Inc. the version information for the Control Panel application and device information for the Control Concepts Inc. devices connected to Control Panel. The Control Panel application will send the serial number of a connected device when an internet connection is available. If the “Update Control Concepts with usage data…” option is selected in Control Panel Settings, device parameter and configuration information will also be sent to Control Concepts. This information is used to help troubleshoot customer issues and improve our products. This information will not be shared with any third party.

Use and Transfer Restrictions

The program, Help file, and any accompanying documentation are copyrighted. You may not give, sell, rent, or otherwise distribute copies of the program to third parties, except as provided under the U.S. Copyright Act.

Use of This Product

For information regarding commercial licensing of this product, including use by educational institutions and nonprofit organizations, call Control Concepts Inc. at (952) 474-6200.

Disclaimer of Warranty and Limited Warranty

THIS PROGRAM, HELP FILE, AND ANY ACCOMPANYING MANUAL ARE SOLD "AS IS," WITHOUT ANY IMPLIED OR EXPRESS WARRANTY AS TO THEIR PERFORMANCE OR TO THE RESULTS THAT MAY BE OBTAINED BY USING THE PROGRAM. AS TO THE ORIGINAL PURCHASER ONLY, CONTROL CONCEPTS INC. WARRANTS THAT THE DOWNLOAD FILE OR THE DISC ON WHICH THE PROGRAM IS RECORDED SHALL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP IN NORMAL USE AND SERVICE. IF A DEFECT IN THE DOWNLOAD FILE OR DISC OCCURS, YOU MAY CONTACT CONTROL CONCEPTS INC. FOR REPLACEMENT INFORMATION. IN THE EVENT OF A DEFECT, YOUR EXCLUSIVE REMEDY IS EXPRESSLY LIMITED TO REPLACEMENT OF THE DOWNLOAD FILE OR DISC.

Limitation of Liability and Damages

Understanding the limitations of the program as set out above, the entire liability of Control Concepts Inc. or their representatives, for any reason, shall be limited to the amount you paid to Control Concepts Inc. or to an authorized reseller for the software program. To the maximum extent permitted by applicable law, Control Concepts Inc. and their representatives will not be liable to you for any indirect, special, incidental, or consequential damages (including but not limited to damages for loss of business, loss of profits, and the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if Control Concepts Inc. or representative 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. Control Concepts Inc.'s and their representatives' total liability to you for actual damages for any cause whatsoever will be limited to the amount paid by you for the software program. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term

The license is in effect until terminated. You may terminate it at any time by deleting the program together with all copies, and destroying the disc or deleting the download file. Control Concepts Inc. shall have the right to change or add to the terms of this agreement at any time, and to change, discontinue or impose conditions on any aspect or feature of the program. Any such change will be effective upon notification to you by any means reasonable to give you actual or constructive notice, including by posting such terms in the program itself, and your continued use of the program will indicate your agreement to any such change.

Entire Agreement

By using the program, you agree that this license is the complete and exclusive statement of the agreement between you and Control Concepts Inc. regarding Control Panel. However, this agreement does not limit any rights that Control Concepts Inc. may have under trade secret, copyright, patent, trademark, or other laws. If any provision of this agreement is found to be invalid or unenforceable under applicable law, then any remaining provisions will continue in full force and effect. No delay or failure on the part of Control Concepts Inc. to exercise any of its rights under the agreement, or under law, shall be construed as a waiver of those rights.

Governing Law

This Agreement and the legal relations between the parties shall be governed by and construed in accordance with the laws of the State of Minnesota.

Severability

Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but, if any provision of this Agreement shall be held to be prohibited or invalid in any jurisdiction under such applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.