Terms of Service

BOWLES PROPERTIES LLC SOFTWARE TERMS OF USE

These Bowles Properties LLC Software Terms of Use ("Terms of Use") govern your use of this software, including all related documentation and materials, (the "Software") made available to you by Bowles Properties LLC. ("Bowles Properties LLC") for your use pursuant to and subject to an agreement between Bowles Properties LLC and the individual or entity ("Licensee") that provided you with access to the Software (the "License Agreement").

BY CLICKING THE "ACCEPT" BUTTON AND USING THE SOFTWARE YOU: (I) REPRESENT THAT YOU ARE AUTHORIZED BY LICENSEE TO ACCESS AND USE THE SOFTWARE; AND (II) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN DO NOT CLICK THE "ACCEPT" BUTTON AND YOU WILL HAVE NO RIGHT OR LICENSE TO, AND MUST NOT ACCESS OR USE, THE SOFTWARE.

1. License Grant. Subject to your strict compliance with these Terms of Use, Bowles Properties LLC hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Software solely in connection with Licensee's building automation systems. The foregoing license will terminate immediately on the earlier of: (a) the expiration or early termination of the License Agreement; or (b) your ceasing to be authorized by your employer to use the Software for any or no reason. You will not use the Software for any purpose beyond the scope of the license expressly granted in these Terms of Use. You will comply with all of the terms and conditions in these Terms of Use and all applicable laws, rules, and regulations at all times when accessing or using the Software.
2. Use Restrictions. You will not at any time, directly or indirectly: (a) copy, modify, or create derivative works of the Software, whether in whole or in part; (b) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software except as expressly permitted under these Terms of Use; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Software; (d) remove any proprietary notices from the Software; (e) use the Software in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule; or (f) access or use the Software from outside of the United States of America.
3. Intellectual Property Rights. You acknowledge and agree that the Software is provided under license, and not sold, to you. You do not acquire any ownership interest in or any other rights to the Software other than the right to use the Software in accordance with the license expressly granted under these Terms of Use. Bowles Properties LLC and its licensors reserve and will retain their entire right, title, and interest in and to the Software and all intellectual property rights arising out of or relating to the Software, subject only to the license expressly granted to you in these Terms of Use. You will use your best effort to safeguard the Software from misuse or unauthorized access.
4. Feedback. If you provide Bowles Properties LLC with any suggestions or recommendations relating to the Software or Bowles Properties LLC's business, including without limitation, new features or functionality relating to the Software, or any comments, questions, suggestions, or the like (collectively, "Feedback"), then Bowles Properties LLC is free to use such Feedback for any purpose whatsoever without any attribution or compensation to you, although Bowles Properties LLC is not required to use any Feedback. You hereby assigns to Bowles Properties LLC all right, title, and interest in and to the Feedback.
5. Aggregated Statistics. Bowles Properties LLC may monitor your use of the Software and collect and compile data and information related to your use of the Software in an aggregated and anonymized manner ("Aggregated Statistics"). As between you and Bowles Properties LLC, Bowles Properties LLC will own all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein. Bowles Properties LLC may use Aggregated Statistics for any purpose permitted by law.
6. Disclaimer of Liability. IN NO EVENT WILL BOWLES PROPERTIES LLC OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SOFTWARE. YOU ARE PROVIDED THE SOFTWARE PURSUANT TO THE LICENSE AGREEMENT, SOLELY FOR THE BENEFIT OF LICENSEE AND AT LICENSEE'S DISCRETION. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO RIGHTS UNDER THE LICENSE AGREEMENT, INCLUDING WITHOUT LIMITATION ANY RIGHT TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY BOWLES PROPERTIES LLC OR ITS AFFILIATES, OR ANY OF ITS OR THEIR LICENSORS OR SERVICE PROVIDERS, MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE SOFTWARE WILL BE SOLELY TO LICENSEE PURSUANT TO THE LICENSE AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.
7. Governing Law; Venue. These Terms of Use are governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. Any legal suit, action, or proceeding arising out of or related to these Terms of Use must be instituted exclusively in the state or federal courts located in Seattle, Washington, and you hereby irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waive any claim or defense that such forum is not convenient or proper.