trutankless TR15 - Page 39

INSTALLATION AND OPERATION GUIDE
37
WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO TRUTANKLESS OR TRUTANKLESS’S AUTHORIZED
RESELLER OR WHOLESALER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE
INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. TRUTANKLESS DISCLAIMS ALL LIABILITY OF ANY KIND OF TRUTANKLESS
LICENSORS AND SUPPLIERS.
9. LIMITATIONS OF PRODUCT SOFTWARE
You acknowledge that the Products and Product Soware are not certified for emergency response. YOU UNDERSTAND THAT THE PRODUCTS AND
PRODUCT SOFTWARE ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM – TRUTANKLESS DOES NO MONITOR EMERGENCY
NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY.
In addition, the trutankless Customer Care and Support contacts cannot be considered a lifesaving solution for people at risk in the home, and they
are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services. You
acknowledge that you can control the outgoing temperature of the water from this unit and that use of Products and Product Soware acknowledges
your liability for burns, scalds or death resulting from your improper setting of outgoing water temperature. trutankless recommends a consumer set-
point on the device of no greater than 125 degrees Fahrenheit a number which should never be exceeded in a residential setting.
Unless explicitly promising a “guarantee,” trutankless does not guarantee or promise any specific level of energy savings or other monetary benefit from
the use of the Products or Product Soware or any feature of them. Actual energy savings and monetary benefits vary with factors beyond trutankless’
control or knowledge. From time to time, trutankless may use the Product Soware to provide you with information that is unique to you and your
energy usage and suggests an opportunity to save money on energy or water bills if you adopt suggestions or features of the Product or Product
Soware. We do this to highlight an opportunity based on our analysis and information about you and your household. You acknowledge that these
promotions are not a guarantee of actual savings, and you agree not to seek monetary or other remedies from trutankless if your savings dier.
The Product Soware provides you information (“Product Information”) regarding the Products in your home and their connection with other products
and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is
critical, accessing Product Information through the Product Soware is not a substitute for direct access of the information in the home.
10. CONFIDENTIALITY
“Confidential Information” shall mean the Product Soware and all other information disclosed to you that trutankless characterizes as confidential at
the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without
restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c)
is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access
to the Confidential Information. You shall use your best eorts to preserve and protect the confidentiality of the Confidential Information at all times,
both during the term hereof and for a period of at least 3 years aer termination of this EULA, provided, however, that any source code you receive shall
be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person,
firm, corporation or other third party without the prior written consent of trutankless . You shall not use any Confidential Information other than in the
course of the activities permitted hereunder. You shall notify trutankless in writing immediately upon discovery of any unauthorized use or disclosure
of Confidential Information or any other breach of this EULA, and will cooperate with trutankless in every reasonable way to regain possession of
Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then,
prior to such disclosure, you will (i) immediately notify trutankless prior to such disclosure to allow trutankless an opportunity to contest the disclosure,
(ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with trutankless in protecting against any
such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such
protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal
requirements.
11. EXPORT COMPLIANCE
The Product Soware and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other
countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to
export, reexport, or import the Product Soware and related technology, as may be required. You will indemnify and hold Trutankless harmless from
any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by
you of your obligations under this section.
12. GOVERNING LAW; VENUE
This EULA, and any claim, dispute or controversy relating to this EULA, will be governed by the laws of Arizona, without giving eect to any conflicts
of laws principles that require the application of the laws of a dierent jurisdiction. Any action or proceeding relating to this EULA must be brought
in a federal or state court located in Maricopa County, Arizona and each party irrevocably submits to the jurisdiction and venue of any such court in
any such action or proceeding, except that trutankless may seek injunctive relief in any court having jurisdiction to protect its intellectual property or
Confidential Information.
14. ASSIGNMENT
Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment shall be void and without
eect.
15. NOTICES.
Any notice to you may be provided by email to the address that you registered with trutankless.