10
|
USER AGREEMENT
Updates, interruption and limitation of access to the Service
Systemair may at any time limit your access to, or use of the
Service in order to limit damage caused Systemair, its supplier(s)
or other users, by your use, or the supply of, the Service.
Systemair has the right to immediately suspend and/or deny
you use of the Service in order to stop further distribution of da-
ta or information through the Service, if it is likely that such dis-
tribution violates applicable law, or if your use of the Service
subject Systemair or its supplier(s) to liability.
Systemair has the right to update and modify the Service from
time to time, and such updates or modifications may make it
necessary for you to update, download or install necessary ap-
plications. Updates, modifications or maintenance may interrupt
your use of the Service. Systemair is entitled to further develop
and improve the Service, and for this purpose implement
changes.
Modifications and adjustments to the Service and to this
Agreement
Systemair has at any time the right to execute changes to the
Service and to the Agreement in situations such as, but not
limited to, when laws, regulations, engineering standards or oth-
er technical regulations change or are newly enacted.
Data and information
In connection with your use of the Service, data and information
will be collected. That data or information may consist of, but is
not limited to, data and information you upload or provide di-
rectly through use of the Service, as well as data and informa-
tion sent, collected or made available through use of the Service
or through use of Systemair or third party units, devices and/or
machines connected or used through the Service.
You hereby grant Systemair, its supplier(s) or affiliates, not
limited in time, the irrevocable right to compile, use, distribute,
display, store, process, reproduce, transfer to third parties, cre-
ate derivative works, including without limitation comparative
data sets, statistical analyses and use in any other way, the data
or information (1) for Systemair’s purpose of providing the Serv-
ice and (2) on an anonymized or pseudonymized basis for the
purpose of improving Systemair’s, its supplier(s) or affiliates
products and offerings, provided such use is not prohibited by
mandatory law.
You are responsible for, and warrant, that you have obtained all
rights, permissions and consents necessary to upload any data
or information. You have the sole responsibility for the accuracy,
quality, integrity, legality, reliability and appropriateness of all
the data and information.
You will defend, indemnify and hold blameless Systemair from
and against any losses arising out of or relating to any third party
claim concerning your infringement and/or omission of your ob-
ligations under this article.
Personal data
In order for Systemair to provide the Service and to improve Sys-
temair’s products and offerings, data and information may be
collected as explained under Data and information above.
Systemair, its supplier(s) or affiliates will also compile, store,
process and use personal data, such as, but not limited to, name
and address data and other information and data related to you
as a person, in order to provide the Service.
Systemair, its supplier(s) or affiliates may use subcontractors to
process your personal data, and the personal data may be trans-
ferred to countries outside the EU/EES.
Through this agreement you hereby consent to Systemair’s use
of your personal data as explained above.
Indemnification
You will defend, indemnify and hold blameless Systemair, its
supplier(s), affiliates or licensors, and each of their respective
employees, officers, directors, and representatives from and
against any losses arising out of or relating to any third party
claim concerning: (a) your use of the Service in a manner not au-
thorised by this Agreement; (b) violation of applicable law by
you or your use of the Service.
Limitation of liability
Systemair, its supplier(s) or affiliates will under no circumstances
be liable for any direct or indirect damages such as, but not
limited to, loss of profits, loss of business, loss of use or of data,
computer failure or malfunction, interruption of business or for
special, incidental, exemplary or consequential damages of any
kind whether under this Agreement or otherwise, even if Sys-
temair has been advised of the possibility of such damages.
In no case will Systemair, its supplier(s) or affiliates cumulative
liability for all claims of damages arising out of or related to this
Agreement, and whether the claim for such damages is based in
contract, strict liability, negligence or tort, or any other legal or
equitable theory, other than liability under mandatory law, ex-
ceed fifteen (15) percent of the payments made by you for the
use of the Service in the twelve (12) months prior to such claim.
The rights and remedies contained in this Agreement are exclu-
sive and not cumulative.
Any claims in accordance with this provision are subject to a lim-
itation period of one (1) year after their coming into effect.
Confidentiality
You are required to keep confidential, even after the termination
of the Agreement, any information and data disclosed between
you and Systemair.
Term of Agreement, termination of Agreement
This Agreement becomes effective at the Effective Date. It shall
remain in force for the period of time specified in a separate
written agreement with Systemair, or if no such agreement has
been made, for the time you use the Service.
Systemair is entitled to (in addition to any other rights Systemair
may have) to terminate the Agreement with immediate effect in
the event that there is a breach of any of the obligations set out
in this Agreement.
Systemair is further entitled to terminate the Agreement with
immediate effect in the event that Systemair or its affiliate(s) or
subcontractor(s), for any reason, are prohibited or unable to pro-
vide the Service.
254977 | v6
To Next Page
Loading...
