KONE Elevator Call Manager Software End-User Terms of Use
1. General
This is an agreement (the "Agreement") between you and KONE Corporation (which shall include its subsidiaries, partners and its affiliates, "KONE") and (if and as may be applicable) the facility manager or the building owner (the "Manager") which are offering you the KONE Elevator Call Manager Software (the "Manager SW") solely for your convenience and use to manage the usage of KONE Elevator Call services at the designated building(s) (the "Building"). The Manager SW should not be relied upon for any other purpose. The Agreement sets forth the terms of use of the Manager SW.
Please read this Agreement carefully before using the Manager SW. By using the Manager SW, you agree to be bound by this Agreement. If you do not accept this Agreement, then you may not use the Manager SW, and you shall remove the Manager SW from any devices where you have installed the Manager SW.
2. License terms
KONE hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Manager SW to manage the KONE Elevator Call services at the Building where 1) you have been authorized to do so by the Manager and only to the extent of such authorization, or 2) you are the Manager of the Building in question. The rights granted herein are subject to your compliance with this Agreement. KONE may modify the Manager SW at any time. KONE or the Manager may suspend or discontinue your use of the Manager SW, in whole or in part, at any time.
3. No warranty
THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE MANAGER SW IS PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. KONE OR THE MANAGER DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
4. Limitation of liability
YOUR USE OF THIS APP IS AT YOUR SOLE RISK AND YOU SHALL BE FULLY RESPONSIBLE FOR ANY UNAUTHORIZED USE OF THE MANAGER SW.
THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KONE OR THE MANAGER SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE RESULTING FROM THE USE, NON-FUNCTIONING OR MALFUNCTION OF THE MANAGER SW, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, INJURY OR DEATH TO PERSONS, LOSS OF PROFIT, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE MANAGER SW, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT KONE OR THE MANAGER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME COUNTRIES/STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
5. Termination
Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, KONE or the Manager may immediately revoke your access to the Manager SW without any compensation. KONE's or the Manager's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of their rights hereunder.
6. Governing law
This Agreement is governed by the laws of the country where the Building in which you are authorized to use the Manager SW is located.
Notwithstanding the above, if the Building is located in (i) the USA, this Agreement is governed by the laws of the state of Illinois, and Illinois courts shall have exclusive jurisdiction over any claims hereunder; and (ii) in Canada, this Agreement is governed by the laws the Province of Ontario, and Ontario courts shall have exclusive jurisdiction over any claims hereunder.