Installation Guide

105 8200-1953-09 A0
a. LIMITATION OF LIABILITY. IN NO EVENT WILL JOHNSON CONTROLS'S AGGREGATE
LIABILITY UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR
NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND
OTHER CONTRACT OR TORT CLAIMS) ARISING FROM OR RELATED TO THIS EULA, OR
THE USE OF THE SOFTWARE OR TELETHERMOGRAPHIC SYSTEM ON WHICH THE
SOFTWARE IS LOADED (THE “DEVICE”), EXCEED THE GREATER OF USD$5.00 OR THE
AMOUNT OF FEES YOU PAID TO JOHNSON CONTROLS OR ITS RESELLER FOR THE
SOFTWARE THAT GIVES RISE TO SUCH LIABILITY. BECAUSE AND TO THE EXTENT THAT
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF LIABILITY
ABOVE, THESE MAY NOT APPLY TO YOU. YOU WILL DEFEND, INDEMNIFY, AND HOLD
HARMLESS JOHNSON CONTROLS AGAINST ANY CLAIMS AND LAWSUITS MADE OR
FILED BY ANY PERSON, INCLUDING YOUR INSURER, THAT IS RELATED IN ANY WAY TO
YOUR USE OF THE SOFTWARE OR THE DEVICE, INCLUDING THE PAYMENT OF ALL
DAMAGES, EXPENSES, COSTS, AND ATTORNEYS' FEES. NO SUIT OR ACTION SHALL BE
BROUGHT AGAINST JOHNSON CONTROLS MORE THAN ONE (1) YEAR AFTER THE
ACCRUAL OF THE CAUSE OF ACTION.
b. EXCLUSION OF OTHER DAMAGES. THE SOFTWARE AND THE DEVICE DO NOT CAUSE
AND CANNOT ELIMINATE OR PREVENT OCCURRENCES OF THE EVENTS THAT IT IS
INTENDED TO DETECT OR AVERT. ALL LIABILITY RESULTING FROM SUCH EVENTS
REMAINS WITH YOU. YOU AGREE TO LOOK SOLELY TO YOUR INSURER TO RECOVER
FOR ANY CLAIMS ARISING OUT OF THE USE OF THE SOFTWARE AND THE DEVICE AND
RELEASE AND WAIVE ALL RIGHT OF RECOVERY AGAINST JOHNNSON CONTROLS,
INCLUDING BY WAY OF SUBROGATION. IN NO EVENT WILL JOHNSON CONTROLS OR
ANY OF ITS RESELLERS OR LICENSORS BE LIABLE, TO THE MAXIMUM EXTENT
PERMITTED BY LAW, FOR (I) PERSONAL INJURY OR ILLNESS, DEATH OR PROPERTY
DAMAGES OR (II) LOST PROFITS, LOSS OF USE, DIMUNITION OF VALUE, LOST DATA, OR
ANY OTHER INCIDENTAL, INDIRECT, SPECIAL, PUNTITIVE, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THE
DEVICE, IN EACH CASE EVEN IF JOHNSON CONTROLS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR
VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY OUTPUT FROM THE
SOFTWARE, AND FOR ANY RELIANCE THEREON. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS
MAY APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY THOSE LAWS.
8. GENERAL. If any provision of this EULA is found to be unlawful, void, or for any reason
unenforceable, then that provision shall be severed from this EULA and shall not affect the validity
and enforceability of the remaining provisions. You should retain proof of the license fee paid,
including model number, serial number and date of payment, and present such proof of payment
when seeking service or assistance covered by the warranty set forth in this EULA. This EULA is
governed by the laws of the State of New York, without regards to its conflicts of law principles. The
parties hereby irrevocably agree that they submit themselves to the personal jurisdiction of the state
and federal courts of New York for purposes of resolving any and all disputes arising under or related
to these terms and conditions. The parties specifically exclude the application of the provisions of the
United Nations Convention on Contracts for the International Sale of Goods.
9. Government Restrictions. The Software may be subject to additional restrictions and conditions on
use as specified by local, state and or federal laws, rules and regulations. It is up to you to determine
what laws, rules and/or regulations apply to your use of the Software, and to comply with such laws,
rules and/or regulations when using the Software.
10. ADDITIONAL NOTICES.