End User Licence Agreement (EULA)
By accepting this End User License Agreement (“EULA”), you agree to the terms and conditions herein pertaining to both the use of the ThingsBoard software and the services as defined below.
In this Agreement, except where the context requires otherwise, the following words shall have the following meaning:
Services shall mean the applications and accompanying services distributed by IOT Solutions. Ancillary services are not part of the services.
License means the right for you to use the Services via the Internet and in a Web-interface, not the right to have a copy of the services on your servers/computers.
Licensor means IOT Solutions, the legal entity that owns or has the right to the Service, in this case, IOT Solutions, its subsidiaries, and its partners.
Invoicing means all types of handling payments. An electronically sent invoice or a transaction through third-party payment services, eg credit card payment or online payment companies.
ThingsBoard software means the software owned by ThingsBoard Inc. which forms a part of the services.
2. Entry into force
This EULA shall enter into force when you start using the Service. The license shall remain valid as long as the license fee and the ongoing monthly subscription for your use of the services are paid. The Licensor is obligated to offer the license for your prepaid period. The account may be deleted without notice after expiring. The Licensor shall store all data thirty (30) days after this EULA has expired. The Licensor may amend the content in this EULA at any time. The revised version will be effective at the time it is posted on the website. In addition, if the revised version includes a substantial change, the licensee will be informed by an electronically notice. The agreement is an important document that licensee must consider carefully when choosing whether to use the services. This license replaces all former EULAs related to the Service.
3. The License
You are hereby granted a non-exclusive, non-transferable license to use the Services. The content of the Service is always subject to the discretion of the licensor, which is entitled to change the content without notice. The licensor has the right to change functionality in the Services when modules are upgraded. Licensor may at its sole discretion change its prices regarding the Services. By executing this EULA the licensee accept information about Services and products offered by licensor. Licensee also accepts to receive electronic invoice or automatic redraw from credit card.
4. Limitation of Liability
Licensor’s liability, if any, and your sole and exclusive remedy for damages for any claim of any kind whatsoever arising out of or related to this agreement shall not be greater than the actual fees paid for the Services with respect to which such claim is made during the immediately preceding twelve (12) month period prior to the filing of the claim. Under no circumstances will licensor be liable to you or any third party for any consequential, special, indirect, incidental or punitive damages of any kind. Including, but not limited to, lost profits, lost data, business interruption, loss of business reputation or goodwill, or the cost of procurement of substitute goods or services, even if licensor has been advised of the possibility of such damages. This shall also include any system errors in the Service, user documentation and incorrect use of the Service. You shall bear financial responsibility for any additional work that must be carried out due to possible errors within the Services. The Licensor reserves the right to rectify any potential errors in the Services.
5. Warranty Disclaimer Regarding Services
By accepting this Agreement, you understand and agree that Services are provided “as is” and licensor expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability or of fitness for a particular purpose. Licensor makes no warranty or representation regarding Services, any information, materials, goods or Services obtained through Services, or that Services will meet your requirements, or be uninterrupted, timely, secure or free from error or defect. Licensor disclaims and excludes any representations or warranties that the Services are compatible with any combination of Services or software not furnished by licensor which you or any Customer may choose to utilize with the Services.
The licensor is not responsible for support, customization or development carried out by third-party suppliers. The Licensor is not responsible for commitment entered into by a third party that could represent an obstacle to the performance of this EULA.
7. System requirements
The service is available on all web browser platforms, apart from some functionality that requires the latest version of Internet Explorer. For the best performance licensor recommend a minimum screen resolution of 1024×768. The Licensor cannot guarantee against lag errors due to updates of browsers, operating systems, or other external sources that are used to run the Service. The licensor can neither guarantee that all functionality will function as intended with all versions of different web browser, especially after web browser upgrades. The service also includes a mobile alternative with functionality specially adapted for this purpose. The mobile version may be priced separately.
The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Licensor is not responsible for any delays, delivery failures, or other damage resulting from such problems.
9. Disk Size
If nothing else is agreed upon, there is one (1) GB of disk size included per user. The Licensor can at any time change the size of the disk size included subject to payment.
It is the licensor’s responsibility to backup the data on a daily basis and store the backup for five (5) days. The backup service includes the restoration of data in the event of a potential server crash or a loss of data, caused by the services. The licensor warrants that the services does not entail the risk of losing data structures or data beyond one backup interval. Any failure of backup routine is the responsibility of the licensor.
11. Data and Copyrights
You are the owner of the data, while the licensor is responsible for the processing of the data. The Licensor may, upon prior notice to the licensee, delete data considered harmful for the Services or data that is illegal. The Licensor also has the right to delete data on free versions that have not been used for the last six months.
Any and all intellectual property rights, apart from third-party rights, in and to the services belong to the licensor. You may not edit, copy, reverse engineer, resell or in any other way distribute the Services.
By accepting this EULA, you consent to the use of personal data as described in licensors Privacy Police. The licensor will also store usage patterns for optimizing further development of the service and to give you the best user experience. The storage will only be used for these purposes.
13. Force Majeure
Neither Party shall be liable for any failure or delay in performing any obligation under the Partner Agreement caused by force majeure, provided that it promptly notifies and gives full details of such cause to the other Party in writing. If the force majeure situation has endured more than two months either party may terminate the EULA without further notice.
14. Disputes and governing law
The EULA is governed by Norwegian law. Resolution of any and all disputes arising under or as a result of the EULA or related thereto should first be sought solved through negotiations, in which both sides are obligated to participate. If these negotiations are not successful, then the venue for resolution of the dispute shall be Kristiansand, Norway.