5. OPEN SOURCE
Certain items of software included with the Product Software are subject to
“open source” or “free software” licenses (“Open Source Software”). Some
of the Open Source Software is owned by third parties. The Open Source
Software is not subject to the terms and conditions of this EULA. Instead, each
item of Open Source Software is licensed under the terms of the end user
license that accompanies such Open Source Software. Nothing in this EULA
limits your rights under, or grants you rights that supersede, the terms and
conditions of any applicable end user license for the Open Source Software. If
required by any license for particular Open Source Software, Skydrop makes
such Open Source Software, and Skydrop’s modications to that Open Source
Software, available by written request to Skydrop at the email or mailing
address listed below.
6. TERM AND TERMINATION
This EULA and the license granted hereunder are eective on the date you rst
use the Product Software or Product and shall continue for as long as you own
the Product, unless this EULA is terminated under this section. Skydrop may
terminate this EULA at any time if you fail to comply with any term(s) hereof. You
may terminate this EULA eective immediately upon written notice to Skydrop.
Upon termination of this EULA, the license granted hereunder will terminate
and you must stop all use of the Product Software, but the terms of Sections 2
through 18 (inclusive) will remain in eect, after any such termination.
7. WARRANTY DISCLAIMER
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYDROP PROVIDES
THE PRODUCT SOFTWARE “AS-IS” AND DISCLAIMS ALL WARRANTIES
AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SKYDROP DOES NOT
GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT
SOFTWARE. SKYDROP MAKES NO WARRANTY THAT THE PRODUCT
SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER
HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE
PRODUCT SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION
AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND SKYDROP
DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING
TO YOUR PLUMBING, LANDSCAPE, WATERING SYSTEM, SITE, PRODUCT,
OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER,
MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS ON YOUR SITE,
RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT
SOFTWARE, OR PRODUCT.
8. LIMITATION OF LIABILITY
Nothing in this EULA and in particular within this “Limitation of Liability” clause
shall attempt to exclude liability that cannot be excluded under applicable law.