Be responsible for all costs and expenses relating to the repair and/or replacement of the Intelligent Leak Detection System and all other costs and expenses incidental thereto (including damages, costs or expenses associated with any interruption of the supply of electricity or water, personal injury or property damage) if the Intelligent Leak Detection System (or any part thereof) is damaged by employees, contractors, agents, representatives and/or others for whom is responsible at law, except to the extent caused or contributed to by the acts or omissions of Eddy Solutions or its employees, contractors, agents, representatives and/or others for whom Eddy Solutions is responsible at law;
As required from time to time maintain, repair, and replace the Intelligent Leak Detection System in a good, workmanlike manner and in accordance with Applicable Laws. However, where (i) (or a third party not authorized by Eddy Solutions) has moved the Intelligent Leak Detection System from the place of installation, (ii) service and repairs are necessary because the Intelligent Leak Detection System was used for an unintended or unauthorized purpose, or (iii) (or a third party not authorized by us) has removed, modified, repaired, disconnected or otherwise tampered with the Intelligent Leak Detection System, it shall be at Eddy’s discretion as to whether it will undertake any required repairs and the costs of any such repairs will be borne entirely by the corporation;
Eddy Solutions shall complete the following pursuant to the terms of the Agreement:
Maintain, repair, replace, test, commission, and (re) certify the Intelligent Leak Detection System in accordance with best industry practices and Applicable Laws. The cost of doing so shall be borne by Eddy.
End-User License Agreement
BY POWERING UP THE GATEWAY OR HARDWARE (“HARDWARE”) UPON WHICH THE SOFTWARE IS INSTALLED (“SOFTWARE”), YOU AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT (“EULA”).
TERMS AND CONDITIONS
- This EULA is a legal agreement between you (either an individual or a single entity) and Eddy Solutions (“Eddy”). This EULA pertains to your use of the Hardware and Software and any associated media, manuals, and printed materials (the “Materials”), including all updates, upgrades, additions, enhancements, and replacements to the Hardware, Software, and Materials (collectively, the “Products”) provided by Eddy to you from time to time during the Term (as defined below).
- The Products have been delivered to you based on the terms of the sales quotation and agreement issued to you by Eddy (the “Order”). This EULA and the Order are together referred to as this “Agreement”. The terms of this Agreement will not be varied, amended, or altered in any manner by any terms or conditions set out in a purchase order or other document delivered by you to
Eddy grants you a non-exclusive, non-transferable, perpetual, royalty-free license, for the subscription term agreed between you and Eddy in the Order (the “Term”) to use the Products subject to the terms and conditions of this Agreement. The Term shall commence on the date of your acceptance and/or Provisioning of the Order and shall extend for such period as you are meeting the payment obligations agreed between you and Eddy.
During the Term, you are permitted to use (a) the Hardware in accordance with the terms of the Agreement, (b) the Software only in connection with the Hardware upon which it is installed, and (c) the Materials only in connection with your use of the Hardware and Software.
Restriction of Use
You may not and you must not permit others to (i) disassemble the Hardware or decompile or otherwise derive source code from the Software; (ii) reverse engineer the Hardware or Software; (iii) modify or prepare derivative works of the Software or Hardware; (iv) copy the Software; or (v) use the Software or Hardware in any manner that infringes the intellectual property or other rights of another party. You may not distribute, rent, sublicense, lease, or otherwise make the Software or Hardware available, directly or indirectly, for use by any other person.
You have the right to use the Products during the Term in accordance with the terms of the Agreement and all applicable laws. You may not have any ownership right, title, or interest in or to the Products, other than the limited right to use granted under this Agreement. This Agreement and any license granted hereunder shall not be construed to convey, transfer or otherwise modify any rights of Eddy.
Risk of Loss of Products
You assume the risk of the Products being lost, stolen, damaged, destroyed or otherwise unfit or unavailable for use from any cause whatsoever (each a “Loss Event”) after Eddy has delivered the Products to a carrier for shipment to you. If a Loss Event occurs, you shall immediately notify Eddy in writing and pay to Eddy on the next payment date, an amount equal to all payments due and payable with respect to such Products on or prior to the date of the Loss Event, plus an amount equal to the amount, if any, of all insurance proceeds received by you or Eddy under the insurance policies maintained by you in accordance with the Agreement, in respect of the loss of the Products in such Event of Loss. If a Loss Event occurs, the Term for the Products involved in such Loss Event shall terminate as of the date of the Loss Event and, if reasonably requested by Eddy, you will return the damaged Products to Eddy.