Honeywell Software End User License Agreement

HONEYWELL IS WILLING TO PROVIDE A LIMITED LICENSE OF THE SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE CLICKING ON THE "I ACCEPT" BUTTON. BY CLICKING ON THE "I ACCEPT" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. BY INSTALLING, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE SOFTWARE YOU REPRESENT THAT YOU ARE ACTING ON BEHALF OF YOUR EMPLOYER (SUCH EMPLOYER HEREINFTER REFERRED TO AS "YOU" OR THE "LICENSEE"), AND ARE AUTHORIZED TO, AND DO, ACCEPT THESE TERMS ON ITS BEHALF. THE ACCEPTANCE OF THIS AGREEMENT IS REQUIRED FOR USE OF THE LICENSED SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT: (A) DO NOT INSTALL, COPY, DOWLOAD, ACCESS, OTHERWISE USE THE
SOFTWARE; AND (B) RETURN THE COMPLETE UNUSED SOFTWARE AND ALL ACCOMPANYING  ITEMS AND PACKING WITHIN 30 DAYS OF PURCHASE FOR A FULL REFUND OF ANY AMOUNT PAID FOR THE RETURNED SOFTWARE.

This End User License Agreement ("Agreement") is a legal contract between Honeywell International Inc., acting through its Environmental and Combustion Controls business, having an office at 1985 Douglas Drive North, Golden Valley MN 55422 ("Honeywell"), and You. The right to use the Software is granted only on the condition that you agree to the following terms:

  1. LICENSE GRANT
  2. PROPERTY RIGHTS

    The Software is highly confidential and proprietary to Honeywell or Honeywell's Software vendor(s) and title thereto remains in Honeywell or Honeywell's Software vendor(s). All applicable rights in patents, copyrights, trademarks and trade secrets in the Software are and will remain in Honeywell or Honeywell's Software vendor(s). You shall not sell, lease transfer, publicly disclose or display or otherwise make available the Software or copies thereof to others. You agree to secure and protect the Software in a manner consistent with the maintenance of Honeywell's or Honeywell's Software vendor's rights therein.You shall not, and will not permit others, to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to create derivate works or alter of the Software or discover its source code. The terms of this Section will survive termination or expiration of this Agreement. You understand that violation of this provision may cause irreparable harm to Honeywell.
  3. TERM AND TERMINATION
  4. TRANSFER

    You understand that reproduction of copies of the Software and/or transfer of the Software or any copy thereof may be a serious crime, as well as subjecting You to damages and attorneys' fees. You may not transfer the original or any copy of the Software to another person except with Honeywell's prior written approval. Honeywell has the right to terminate the License, to trace serial numbers, and to take legal action if these conditions are violated. This License Agreement may not be assigned by you.
  5. DISCLAIMER OF WARRANTY

    THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, HONEYWELL DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE IS DEFECTIVE, YOU AND NOT HONEYWELL ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. HONEYWELL AND ITS SOFTWARE VENDORS EXCLUDE ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  6. LIMITATION OF LIABILITY AND INDEMNIFICATION
  7. GENERAL
  8. DEFINITIONS