This End User Agreement (the "Agreement") is a legal agreement between you (the "User") and Jhaveri Power Labs ("JPL") governing the use of the POWEReasy Solution (the "Solution"). By using the Solution, you agree to be bound by the terms and conditions of this Agreement.
1. License Grant and Restrictions
Subject to the terms and conditions of this Agreement, JPL grants to the User a non-exclusive, non-transferable, limited license to use the Solution solely for the purpose of monitoring electrical faults. The User may not copy, modify, distribute, sell, lease, transfer, assign, or otherwise sublicense the Solution, in whole or in part, or use the Solution for any purpose other than as expressly permitted in this Agreement.
2. Ownership
The Solution, including all intellectual property rights therein, is and shall remain the property of JPL. The User acknowledges that JPL retains all rights, title, and interest in and to the Solution, and that the User has no rights in or to the Solution other than the limited license granted herein.
3. Data Collection and Privacy
The Solution collects data about the electrical systems and equipment on the User's premises for the purpose of detecting electrical faults that can become fire hazards. JPL may also collect and use certain personal information about the User in connection with the Solution. JPL will use such data and information only in accordance with its Privacy Policy.
4. Term and Termination
This Agreement shall remain in effect until terminated by either party. The User may terminate this Agreement at any time by ceasing to use the Solution and destroying all copies of the Solution in the User's possession. JPL may terminate this Agreement immediately if the User breaches any of the terms and conditions of this Agreement.
5. Warranty and Limitation of Liability
JPL warrants that the Solution will be free from defects in material and workmanship for a period of 18 months from the date of purchase and 12 months from the date of Installation & Commissioning, whichever is earlier. If the Solution fails to conform to this warranty, JPL will, at its option, either repair or replace the Solution, or refund the purchase price paid by the User.
EXCEPT AS PROVIDED IN THIS SECTION 5, THE SOLUTION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. JPL DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL JPL BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOLUTION, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF WHETHER JPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The foregoing limitations and exclusions of liability shall apply to the maximum extent permitted by applicable law, regardless of the cause of action or the form of action, whether in contract, tort, strict liability, or otherwise.
JPL's total liability arising out of or in connection with this Agreement shall not exceed the purchase price paid by the User for the Solution.
6. Electrical and Fire Safety
The User acknowledges that the Solution is designed to provide early warning of electrical faults that can become fire hazards if they are not attended by the User, and to help improve electrical and fire safety. However, the Solution is not a substitute for regular maintenance and inspection of electrical systems and equipment by qualified professionals. The User is responsible for ensuring the ongoing safety of their electrical systems and equipment. It is also the User's responsibility to provide and maintain a stable internet connection for the Solution to function properly. In the event that any electrical conditions arise at the User's premises, the User shall be solely responsible for addressing and fixing such conditions promptly and at their own expense.
7. Termination
JPL may terminate this Agreement at any time upon written notice to the User. Upon termination, the User shall immediately cease all use of the Solution. The User would immediately return all the proprietary information, documents and material upon termination of this agreement.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which JPL is located, without giving effect to any principles of conflicts of law.
9. Entire Agreement
This Agreement constitutes the entire agreement between JPL and the User with respect to the Solution and supersedes all prior or contemporaneous agreements or understandings, whether written or oral.
10. Assignment
The User may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of JPL.
11. Miscellaneous
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
By accepting this Agreement, the User acknowledges that they have read and understood all of its terms and conditions and agree to be bound by them for the purpose of improving electrical and fire safety.
Copyright © All rights reserved - Jhaveri Power Labs