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This End User License Agreement (EULA) is a CONTRACT
between the User and Carrier Corporation (Carrier), and covers the User's use of Bryant Heating & Cooling Systems (Bryant) product, as well as any hardware, media, printed materials, and "online" or electronic documentation (hereinafter collectively referred to as "Product") that this EULA accompanies. If the User does not agree to the terms of this EULA, then do not install or use the Product. BY EXPLICITLY ACCEPTING THIS EULA, HOWEVER, OR BY INSTALLING, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE PRODUCT, USER IS ACKNOWLEDGING AND AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. COPYRIGHT Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Product. User may not and shall not copy or otherwise reproduce or make available to any other party any part of or the entire Product. The User may, however, make one (1) copy of Software for backup or archival purposes. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS User may not reverse engineer, decompile or disassemble the Product; modify or create derivative works based upon the Product in whole or in part; distribute copies of the Product; remove any proprietary notices or labels on the Product; or resell, lease, rent, transfer, sublicense or otherwise transfer rights to the Product. User acknowledges that no title to the intellectual property in the Product is transferred. All right, title and interest in the Product and the intellectual property rights contained therein shall remain with Carrier. Furthermore, this EULA does not grant User any rights in connection with any trademarks or service marks of Carrier The license agreement to use the Software does not imply any transfer of succession or moral rights to same. GRANT OF NON-EXCLUSIVE LICENSE Subject to the terms of this EULA, Carrier grants User a limited personal, non-commercial, nonexclusive, non-transferable, non-sublicensable, non-assignable, revocable license to download, install and use the Product; provided that User does not (and does not allow any third party to) copy, modify, distribute, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Product. DISCLAIMER OF WARRANTIES USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE USE OF THE PRODUCT IS AT USER'S SOLE RISK. THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CARRIER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT IS ACCESSED AT USER'S OWN DISCRETION AND RISK, AND USER IS SOLELY RESPONSIBLE FOR ANY THAT RESULTS FROM SUCH USE, INCLUDING BUT NOT LIMITED TO DAMAGE TO USER'S COMPUTER SYSTEM OR OTHER HARDWARE. IN ADDITION, CARRIER EXPRESSLY DISCLAIMS ALL LIABILITY AND USER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO OR INCOMPATABILITY WITH ANY THIRD PARTY DEVICE WHICH USER CONNECTS TO THE PRODUCT. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CARRIER OR THROUGH OR FROM THE PRODUCT SHALL CREATE ANY WARRANTY WHETHER EXPRESS OR IMPLIED. LIMITATION ON LIABILITY USER EXPRESSLY UNDERSTANDS AND AGREES THAT CARRIER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE OR TANGIBLE LOSSES (EVEN IF CARRIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCT; (ii) DAMAGE TO ANY HARDWARE OR OTHER EQUIPMENT AS A RESULT OF THE PRODUCT; (iii) UNAUTHORIZED USE OF THE PRODUCT; OR (iv) ANY OTHER MATTER RELATING TO THE PRODUCT OR THE EULA. USER'S SOLE AND LIMITED REMEDY IS LIMITED TO THE AMOUNT OF MONEY USER PAID FOR THE PRODUCT. INDEMNITY User agrees to indemnify and hold Carrier and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Product, User's violation of the EULA, or User's violation of any rights of another. UPDATES This EULA applies to patches, updates or supplements to the original Product provided by Carrier. TERMINATION Carrier may cancel this EULA immediately if User does not abide by these terms and conditions, in which case the Product must be returned to Carrier and all copies of Product, or any portions thereof, not returned to Carrier must be destroyed and such destruction confirmed in writing to Carrier. GENERAL PROVISIONS This EULA, including any addendum or amendment to this EULA, which is included with the Product, is the entire agreement between User and Carrier relating to the Product, and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Carrier policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. The EULA and the relationship between User and Carrier shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Hartford, Connecticut. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of this EULA, which shall remain valid and enforceable according to its terms. This EULA shall not prejudice the statutory rights of any party dealing as a consumer. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Product or the EULA must be filed within one (1) year after such claim or cause of action arose or be forever barred. CONTACT INFORMATION If the User has any questions about this EULA, or wants to contact Carrier for any reason, please direct all correspondence to: Carrier Corporation |
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I agree to the terms of this License Agreement and desire to access the software.*
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