草莓社区

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PENTAIR WILL NOT AND DOES NOT LICENSE THE SERVICE TO YOU, AND YOU MUST NOT DOWNLOAD, INSTALL, ACCESS OR USE THE SERVICE. 草莓社区 may add to or amend any of the terms of this Agreement with effect for the future. If you are an existing user of the Services, any such amendment will be notified to You in accordance with Section 23 at least fourteen (14) days prior to its effective date and such notification will state the effective date of such amendment. You have the right to object to any amendment of this Agreement in accordance with Section 23 before the stated effective date. In case of a timely objection, the Agreement will automatically terminate and Your right to use the Service will immediately cease, and 草莓社区 may, without liability to You or any Third Party, immediately deactivate or delete Your user name, password and account and all associated materials, without any obligation to provide any further access to such materials. If You do not object before the stated effective date of the amendment, the amendment shall be deemed accepted by You and become part of the Agreement between You and 草莓社区 upon its stated effective date. The 鈥淟ast Updated鈥� legend above indicates when this Agreement was last changed. 草莓社区 may, at any time and without liability, modify or discontinue all or part of the Service; charge, modify or waive any fees required to use the Service upon notice to You in accordance with Section 23; or offer opportunities to some or all Service users. PENTAIR MAKES AVAILABLE THE SERVICE ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND; SUBJECT TO 20(b)-(c) AND PROVIDED THAT PENTAIR MAY APPLY TO ANY COURT OF COMPETENT JURISDICTION FOR TEMPORARY OR PERMANENT INJUNCTIVE RELIEF WITH RESPECT TO DISPUTES RELATING TO INTELLECTUAL PROPERTY RIGHTS OR BREACH OF CONFIDENTIALITY OBLIGATIONS. THIS, TO THE EXTENT LOCAL LAWS ALLOW IT. UNDER YOUR LOCAL LAWS YOU MAY HAVE THE RIGHT TO FILE A CLAIM BEFORE COMPETENT AUTHORITIES OR COURTS.

1. DEFINITIONS.

(a) 鈥淚oT Device鈥� means any internet of things connected or connectable device.

(b) 鈥淭hird Party鈥� means any person or entity other than You and 草莓社区, and includes any of Your subcontractors, independent contractors, affiliates or service providers.

(c) The meaning of other capitalized terms is as defined in this Agreement.

2. LICENSE GRANT AND SCOPE.

Subject to Your strict compliance with all terms and conditions of this Agreement, 草莓社区 hereby grants to You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, during the Term (as defined below), to use the Service as set forth in this Section 2. This license grants to You the right to:

(a) download, install and use any software made available by 草莓社区 as part of the Service on a mobile device that You own or control, in accordance with any applicable documentation, for Your internal business purposes; and

(b) view one (1) copy of any portion of the Service on any single device, solely for Your internal business purposes.

3. LICENSE RESTRICTIONS.

You shall not, directly or indirectly:

(a) use the Service beyond the scope of the license granted under Section 2;

(b) use the Service in connection with an IoT Device which You have sold or otherwise transferred or You have no right to control;

(c) except as expressly enabled within the Service, provide any Third Party with access to or use of the Service;

(d) modify, translate, adapt or otherwise create derivative works, improvements or other modifications, whether or not patentable or copyrightable, of the Service or any part thereof;

(e) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Service or any part thereof, except as permitted by applicable law;

(f) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice provided on or with the Service, including any copy thereof;

(g) copy the Service, in whole or in part, except as permitted by applicable law;

(h) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Service, or any features or functionality of the Service, to any Third Party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud or other technology or service;

(i) use the Service in violation of any international, national and local laws, rules, regulations, directives, statutes, orders, judgments, decrees, rulings, and enforceable regulatory guidance (鈥淟aw鈥�) applicable to Your use;

(j) use the Service for purposes of competitive analysis of the Service, the development of a competing website or app, product or service, or any other purpose that is to 草莓社区鈥檚 commercial disadvantage;

(k) use the Service in connection with any sale, licensing or making available of 草莓社区鈥檚 competitor鈥檚 products, any copycat products or products which 草莓社区 believes, in its sole opinion, infringe, misappropriate or violate 草莓社区鈥檚 intellectual property rights;

(l) allow any content, images, information or any other part of the Service to be made available on any other platform, whether in print or electronic form, to any Third Party, except to the extent that the Service鈥檚 functionality specifically allows this action; or

(m) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, 鈥渟crape,鈥� 鈥渄ata mine鈥� or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service without 草莓社区鈥檚 express prior written consent.

4. THIRD-PARTY MATERIALS/SERVICES.

(a) You acknowledge and agree that the Service may include software, products, services, content, data or other materials that are owned by Third Parties (鈥淭hird-Party Materials/Services鈥�) and that are made available to You on terms (including licenses and privacy policies) that are in addition to and/or different from those contained in this Agreement (鈥淭hird-Party Terms鈥�). 草莓社区 neither controls nor endorses, nor is 草莓社区 responsible for, any Third-Party Materials/Services, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third-Party Materials/Services, or any intellectual property rights therein. Nothing in this Agreement shall be deemed to be a representation or warranty by 草莓社区 with respect to any Third-Party Materials/Services. 草莓社区 has no obligation to monitor Third-Party Materials/Services, and 草莓社区 may block or disable access to any Third-Party Materials/Services (in whole or in part) through the Service at any time. In addition, the availability of any Third-Party Materials/Services through the Service does not imply 草莓社区鈥檚 endorsement of, or 草莓社区鈥檚 affiliation with, any provider of such Third-Party Materials/Services.

(b) You hereby agree to be bound by and shall comply with all Third-Party Terms. In particular, to the extent applicable, Your use of Google Maps is subject to the then-current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/. Any breach by You of any Third-Party Terms is also a breach of this Agreement. In the event Third-Party Terms expire or are terminated for any reason, 草莓社区 may immediately terminate the portion of the Service affected, including all rights and licenses to such portion of the Service, without penalty or further obligation to You, upon notice to You in accordance with Section 23.

(c) The Service may be provided together with, or otherwise contain, certain open source software components (鈥淥pen Source Components鈥�) under their respective open source license agreements (鈥淥pen Source Licenses鈥�) which are acknowledged in the Service or at such other location as designated by 草莓社区 from to time. You acknowledge and agree to the terms and conditions in each such Open Source License and to comply with all such terms and conditions. With respect to each Open Source Component, to the extent there are any conflicts between any terms of this Agreement and any terms of the respective Open Source License, such conflicting terms of this Agreement will not apply.

(d) The Service may permit You to initiate the communication, transfer and exchange of certain information between the Service and certain software, devices or systems owned and operated by Third Parties (鈥淭hird-Party Assets鈥�). 草莓社区 does not exercise control over the form or quality of any data or information generated by or transmitted to the Third-Party Assets, including through APIs. Therefore, You agree to the following:

(i) You accept all limitations in the display and use of all data and information imported via Third-Party Assets; and

(ii) 草莓社区 may restrict the volume and type of data and information transmitted to and from the Service if 草莓社区 believes that such volume or type of data or information may adversely affect performance of the Service or other equipment or systems.

5. RESPONSIBILITY FOR USE OF SERVICE.

(a) You are responsible and liable for all uses of the Service through access provided by You, directly or indirectly. Specifically, and without limiting the generality of the foregoing, You are responsible and liable for all actions and failures to take action with respect to the Service by any person or entity to whom You may provide access to or use of the Service. You shall keep all login IDs, passwords and other access credentials pertaining to the Service confidential and secure from all unauthorized Third Parties.

(b) The Service may include functionality that allows You to control the machines or equipment associated with the IoT Devices, including to remotely activate certain aspects of the machines or equipment associated with IoT Devices. 草莓社区 and its licensors, service providers, suppliers, subcontractors and distributors are not responsible for any access to or use of such functionality. Any access to or use of such functionality is solely your own risk. The Service does not prevent performance or maintenance issues with respect to the machines or equipment associated with the IoT Devices. Accordingly, You, and Your third party end customers, remain exclusively responsible for the operation and maintenance of the machines or equipment associated with the IoT Devices. The Service does not provide insurance for the machines or equipment associated with the IoT Devices, is not an insurance product and does not replace regular maintenance of the machines or equipment associated with the IoT Devices.

(c) The Service collects, transmits and processes information relating to, among other things, IoT Devices and mobile devices and their use and operation, as further detailed in 草莓社区鈥檚 Privacy Notice (See Section 7 below) or the Third Party Terms (as applicable) as such notice and terms may be updated over time (referred to together with 鈥淒evice Data鈥� as the 鈥淪ervice Information鈥�). 鈥淒evice Data鈥� means the data forwarded or otherwise made available to 草莓社区 and/or its subcontractors by or on behalf of You and Your employees, agents and/or contractors, in connection with their use of the Service, and relating to Your IoT Devices and mobile devices used with the Service. By accessing or using the Service, You consent to the collection, storing, processing, use, sharing and disclosure of all Service Information that is not considered personal data under applicable data protection Laws. For more information about how 草莓社区 or any relevant third parties process Your personal data, please review 草莓社区鈥檚 Privacy Notice or the Third Party Terms (as applicable).

(d) You understand and agree that the Service Information may be transmitted to and processed in countries that have different data protection Laws than in the country in which You are located or where You have Your principal place of business. You do not assume any obligations with respect to the Service Information, other than as expressly set forth in this Agreement or as required by applicable Law.

(e) You hereby grant to 草莓社区 a non-exclusive, worldwide, perpetual, paid-up, right and license, including the right to grant and authorize sublicenses through multiple levels, to access, use, process, manipulate, modify, compile with other data or works and/or create derivative works of the Service Information: (i) for all of the purposes described in, and in accordance with, 草莓社区鈥檚 Privacy Notice; (ii) to otherwise perform 草莓社区鈥檚 obligations to You and provide analytics, business intelligence, operational intelligence and other services to You; and (iii) to improve 草莓社区鈥檚 products and services and provide analytics, business intelligence, operational intelligence and other services, including for 草莓社区鈥檚 other licensees in accordance with 草莓社区鈥檚 Privacy Notice.

(f) Your obligations

(i) You hereby agree that You are solely responsible for complying with all applicable Laws, including: (1) governmental procurements Laws; (2) Laws related to bribery, fraud, corruption, or international trade, such as the U.S. Foreign Corrupt Practices Act, the UK Bribery Act, Canada鈥檚 Corruption of Foreign Public Officials Act and any applicable anti-bribery or trade Laws of other countries, as amended; (3) the U.S. Export Administration Regulations Act of 1979, as amended, the U.S. International Traffic in Arms Regulations, and the sanctions, regulations and Executive Orders administered by the U.S. Treasury Department Office of Foreign Assets Control and U.S. Department of State; (4) Laws that apply to online conduct, online content, consumer protection, and Laws with respect to Your use or other processing of the Service Information, including by obtaining all required consents from all other individuals that have enabled communication or other connectivity with it through the Service (鈥淒ealer End Users鈥�), and with respect to the transfer of data (including any Personal Information) to and from the United States or Your country of residence. You will also cause Your Dealer End Users to comply with all such Laws.

(ii) You hereby represent, warrant and covenant to 草莓社区 that: (x) You have secured and will maintain all rights, and have provided all required notices and obtained all legally required consents, necessary to use and make available the Service Information (including Submissions) forwarded, submitted or otherwise made available by Dealer End Users directly or through devices and equipment hereunder without violating the rights of the Dealer End User or any Third Party, and without otherwise obligating 草莓社区 to Dealer End Users. You will notify 草莓社区 immediately upon any Dealer End User revoking any applicable consent or exercising any applicable objection or opt out right with respect to the 草莓社区 Dealer鈥檚 collection, use, sharing, disclosure and other processing of Service Information in accordance with this Agreement; and (y) You will maintain a current list of all Your employees, consultants, or other affiliates who shall have access to the Service as a user under Your account.

(iii) With respect to Service Information that You submit or otherwise make available to 草莓社区 (鈥湶葺�社区 Dealer Data鈥�), You are solely responsible for 草莓社区 Dealer Data, including: (x) the accuracy, integrity, quality, legality, reliability, and appropriateness of 草莓社区 Dealer Data; (y) creating and maintaining backups and copies of all 草莓社区 Dealer Data, including for use in the event of a disaster or loss of 草莓社区 Dealer Data stored in the Service; and (z) adopting procedures to identify and correct errors and omissions in 草莓社区 Dealer Data and correcting such errors and omissions. Except as expressly set forth in this subsection 5(f)(ii) above, You shall not copy or store Service Information (including 草莓社区 Dealer Data) obtained through the Service. Your rights to 草莓社区 Dealer Data shall remain subject to any additional restrictions or terms that apply to 草莓社区 Dealer Data under any other agreement You have with 草莓社区 or any Third Party, and 草莓社区 does not make any representations or warranties to You with respect to 草莓社区 Dealer Data under this Agreement.

(g) Some features of the Service require use of various communications systems, such as telematics wireless communications carriers, satellite-based communication systems, internet service providers and other similar systems. 草莓社区 uses various technologies and processes designed to secure communications within 草莓社区-provided communications systems; however, You recognize that such communication methods have an inherent risk of interception and/or interference and, therefore, may not be secure. You hereby consent to such communications and waive any claims that You may have against 草莓社区 with respect to such communication. 草莓社区 has no responsibility for the availability, quality or performance of communications services or equipment furnished by telecommunication carriers.

(h) 草莓社区 reserves the right to refuse to accept any Service Information (including 草莓社区 Dealer Data) that You may provide. Notwithstanding the foregoing, You acknowledge that 草莓社区 has no responsibility for the deletion or failure to store any Service Information.

6. COMPLIANCE MEASURES.

During the Term, 草莓社区 has the right (but not the obligation) to monitor, analyze and audit Your use of the Service to verify Your compliance with this Agreement.

7. PRIVACY NOTICE.

Without limiting the provisions of Section 5 or any applicable Third Party Terms, 草莓社区鈥檚 use of data and information collected by 草莓社区 in connection with Your use of the Service shall be subject to 草莓社区鈥檚 Privacy Notice located at /en-us/legal/privacy-notice.html, as updated by 草莓社区 from time to time.

8. MAINTENANCE AND SUPPORT.

(a) 鈥�Update鈥� means any applicable update, patch, bug or error correction, or other modification of the Service or 草莓社区 IoT Device or any component thereof, through a medium that 草莓社区 may choose in its sole discretion. 鈥�Upgrade鈥� means any minor enhancement to functionality or other minor modification to the Service that is not an Update. 草莓社区 may develop Updates or Upgrades. These may be automatically installed without additional notices or consents. You hereby consent to automatic Updates or Upgrades. If You do not consent to automatic Updates or Upgrades You agree not to use the Service and You should cease using the Service and 草莓社区 IoT Device and terminate Your account for the Service. Should You decide not to terminate Your account for the Service You acknowledge that You will receive automatic Updates and Upgrades.

(b) You acknowledge and agree that 草莓社区 is not required to offer or make available any maintenance, support, repair, Updates or Upgrades, or assistance with respect to the Service. If, however, 草莓社区 makes any Update or Upgrade to the Service generally publicly available to its licensees, other than on a customized basis, then 草莓社区 may, but is not obligated to, provide You with the same Update or Upgrade at no additional cost. You acknowledge and agree that You may be required to install Updates for proper functioning of the Service or the 草莓社区 IoT Device and You will install any such required Updates promptly.

(c) For clarity, any such Update or Upgrade made available to You hereunder will be deemed to be included within the Service and subject to the terms and conditions of this Agreement. To the extent not prohibited by applicable Laws, 草莓社区 may remotely access and program the IoT Devices, including telematics devices installed on IoT Devices, for any purpose, including by way of example, (i) to install updates and upgrades to software, firmware, or operating systems (for example, to enhance safety, security or maintain proper operation of IoT Devices); or (ii) to introduce new features, and/or change the type and frequency of data transmitted through devices (for example, to conduct remote troubleshooting and/or provide increased customer value). 草莓社区 cannot guarantee that user preferences and configuration settings that have been established by You will be preserved following an update to IoT Devices, whether performed remotely or otherwise. Except to the extent prohibited by applicable Laws, 草莓社区 may perform such activities without notifying You.

9. INTELLECTUAL PROPERTY RIGHTS.

You acknowledge and agree that the Service is provided under license, and not sold, to You, and as between You and 草莓社区, all intellectual property rights in the Service including, without limitation, copyrights, patents, and trademarks are owned by 草莓社区. You do not acquire any ownership interest in the Service under this Agreement, or any other rights thereto other than to use the same in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. 草莓社区 reserves and shall retain its entire right, title and interest in and to the Service and all copyrights, patents, trademarks and other intellectual property rights arising out of or relating to the Service (including the 鈥渓ook and feel鈥� and structure, sequence and organization of the Service), except as expressly granted to You in this Agreement. You shall safeguard the Service (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access. You shall promptly notify 草莓社区 if You become aware of any infringement of 草莓社区鈥檚 intellectual property rights in the Service, and fully cooperate with 草莓社区, at 草莓社区鈥檚 sole expense, in any legal action taken by 草莓社区 to enforce its intellectual property rights.

10. SUBMISSIONS.

(a) The Service may include functionality that enables You to make available materials (each, a 鈥淪ubmission鈥�) through or in connection with the Service, such as message boards and other forums, and chatting, commenting and other messaging functionality. 草莓社区 has no control over and is not responsible for any use or misuse (including any distribution) by any Third Party of any Submission. IF YOU MAKE ANY PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICE, IT IS SOLELY AT YOUR OWN RISK

(b) For each Submission, You hereby grant to 草莓社区 a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to You or any Third Party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). You grant us the right to edit, copy, display, publish and distribute any Submission.

(c) In addition, if You provide 草莓社区 any ideas, proposals, suggestions or other materials (鈥淔eedback鈥�), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and You hereby acknowledge and agree that such Feedback is not confidential, that the provision of such Feedback is gratuitous, unsolicited and without restriction, does not place 草莓社区 under any fiduciary or other obligation, and 草莓社区 may use such Feedback for any purpose whatsoever.

(d) You represent and warrant that You have all rights necessary to grant the licenses granted in this Section 10, and that no Submission is incomplete or inaccurate, or fraudulent, tortious or otherwise in violation of any applicable Law or any right of any Third Party.

11. TERM AND TERMINATION.

(a) This Agreement and the license granted hereunder shall remain in effect until terminated as set forth in this Agreement (the 鈥淭erm鈥�). In addition to the foregoing, 草莓社区 may terminate or suspend Your access to or use of the Service, in whole or in part, immediately without notice to You, if 草莓社区 determines that: (a) it is reasonably necessary to prevent unauthorized access to Service Information; (b) You (or Your users) fail to abide by any terms of this Agreement, or (c) Your (or Your users鈥�) use of the Service (i) poses a security risk to the Service or any Third Party, (ii) may adversely impact the Service or the systems of 草莓社区 or any Third Party, (iii) may subject 草莓社区 or any Third Party to liability, or (iv) may be prohibited by applicable Laws. 草莓社区 also may cease making the Service available upon thirty (30) days鈥� notice, if 草莓社区 determines that market demand no longer warrants continuing to make available the Service, or immediately, in order to comply with any applicable Laws. In addition, 草莓社区 may restrict the Service鈥檚 availability at any time, in whole or in part, to any person, geographic area or jurisdiction if and to the extent that 草莓社区 reasonably determines that continuing to make the Service available is no longer warranted for legal or regulatory reasons. Upon any such termination or suspension by 草莓社区, Your right to use the Service will immediately cease, and 草莓社区 may, without liability to You or any Third Party, immediately deactivate or delete Your user name, password and account and all associated materials, without any obligation to provide any further access to such materials. If You no longer desire to use the Service, You may discontinue Your use and delete the Service from Your devices.

(b) If You sell or otherwise transfer an IoT Device to a new owner or You otherwise no longer have the right to control or monitor an IoT Device with the Service, Your right to use the Service with respect to that IoT Device automatically terminates and You agree to immediately remove the IoT Device from Your account on the Service. The new owner will have no right to use the IoT Device or Service under Your account and will need to register for a separate account and accept this Agreement.

(c) Upon termination of this Agreement, the license granted hereunder shall also terminate, and You shall cease using and shall destroy all copies of materials within the Service that are in Your possession or control.

12. WARRANTY DISCLAIMER.

THE SERVICE AND ANY THIRD-PARTY MATERIALS/SERVICES (WHICH MAY INCLUDE SUBMISSIONS), ARE PROVIDED TO YOU 鈥淎S IS鈥� AND 鈥淎S AVAILABLE鈥� WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PENTAIR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSEAND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, PENTAIR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE FIT FOR ANY PARTICULAR PURPOSE, BE COMPATIBLE OR WORK WITH ANY OTHER APPLICATION, SYSTEM, DEVICE OR SERVICE, PROCESS OR COMPILE DATA ACCURATELY OR COMPLETELY, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. NOTWITHSTANDING YOUR ACCESS TO AND USE OF THE SERVICE AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE (WHETHER ACCURATE OR INACCURATE), INCLUDING WITH RESPECT TO THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF PRODUCTS AND SERVICES USED IN CONNECTION WITH THE SERVICE, YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISK RELATED TO THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF PRODUCTS AND SERVICES USED IN CONNECTION WITH THE SERVICE. THE EXCLUSION OF CERTAIN WARRANTIES IS PROHIBITED IN SOME JURISDICTIONS, IN WHICH CASE SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PENTAIR HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT AND/OR YOUR USE OF OR INABILITY TO USE THE SERVICE (OR ARISING FROM OR RELATED TO ANY PRODUCT OR COMPONENT WITH WHICH THE SERVICE CONNECTS), FOR BODILY INJURY (EXCEPT WHERE CAUSED BY PENTAIR鈥橲 NEGLIGENCE), PROPERTY DAMAGE (INCLUDING DAMAGE TO EQUIPMENT), LOST PROFITS, COST OF SUBSTITUTE SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES.

IN NO EVENT SHALL PENTAIR鈥橲 MAXIMUM AGGREGATE LIABILITY HEREUNDER EXCEED ONE-HUNDRED U.S. DOLLARS ($100). PENTAIR鈥橲 LIMITATION OF LIABILITY IS CUMULATIVE, AND THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE OR EXTEND SUCH LIMIT.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES OR LIABILITY ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, EXCEPT AS PERMITTED BY APPLICABLE LAW) OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES OR LIABILITY WERE FORESEEABLE OR PENTAIR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT IN ANY WAY EITHER PARTY鈥橲 LIABILITY FOR (I) FRAUD OR FRAUDULENT MISREPRESENTATION, (II) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR THE NEGLIGENCE OF ITS AGENTS OR EMPLOYEES, (III) BREACH OF ANY TERMS IMPLIED BY LOCAL LAW THAT CANNOT BE EXCLUDED (SUCH AS, IN THE UK, BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982), OR (IV) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

14. INDEMNIFICATION.

You agree to indemnify, defend and hold harmless 草莓社区, its subsidiaries and other affiliates, and its and their directors, officers, employees, licensors, suppliers and agents (鈥淚ndemnitees鈥�), from and against any claim, demand or cause of action brought by any Third Party arising out of or related to: (a) access to or use of the Service by You or by any other person or entity to whom You may provide access to or use of the Service including personal injury or damage to equipment or other property; (b) any Service Information (including Device Data) and/or any other data made available to You or by You or any such other person or entity; (c) any Submission; (d) Your breach of this Agreement, including the warranties and representations provided herein; (e) Your negligence or willful misconduct; or (f) Your infringement, misappropriation or violation of any proprietary or other right of any Third Party.

15. EXPORT REGULATION.

The Service may be subject to U.S. export control Laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export or release is prohibited by Law. You shall comply with all applicable Laws, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Service available outside the U.S. You represent and warrant that You are not: (a) located in any country that is subject to a US Government embargo, or that has been designated by the U.S. Government as a 鈥渢errorist supporting鈥� country; or (b) listed on any U.S. Government list of prohibited or restricted parties.

16. TELEMATICS DEVICES.

Transmission of information using a telematics device (including cellular, satellite, local area networks and other similar systems) may be subject to legal requirements (including with respect to radio frequency use authorization) that may vary from location to location. You agree to comply with all legal requirements relating to transmission of information using telematics devices, including limiting use of any such device to those locations where all legal requirements for the use of the device and related communications networks have been satisfied.

Except to the extent prohibited by applicable Laws, 草莓社区 disclaims all liability related to any failure to comply with any legal requirements relating to transmission of information using telematics devices. If 草莓社区 discovers any such non-compliance, 草莓社区 may discontinue the transmission of information from that device.

17. CONFIDENTIALITY.

All information about 草莓社区鈥檚 business, including but not limited to information relating to its computer programs or processes, customers, object code or source code, products, prices, employees, sales, marketing, or financial matters disclosed to You in the course of using the Service is confidential and/or proprietary information of 草莓社区, and except as expressly provided in this Agreement, may not be disclosed by You or Your employees, consultants or contractors to any Third Party. Further, no such information may be used by You or Your employees, consultants or contractors for their own benefit or for the benefit of any Third Party unless expressly authorized in this Agreement, or for any purpose other than to use the Service.

As set forth in Section 20, if it appears that You or Your employees, consultants or contractors have breached the provisions of this Section (or have threatened to breach those provisions), 草莓社区 shall be entitled to apply to any court of competent jurisdiction for temporary or permanent injunctive relief, specific performance or other equitable relief restraining You and Your employees, consultants and contractors from further breaches, and from providing services to any Third Party to whom 草莓社区鈥檚 confidential and/or proprietary information has been or may be disclosed. 草莓社区 shall in addition be entitled to pursue any other available remedies, including any claim for damages. The provisions of this Section shall remain in full force and effect after termination of this Agreement.

18. SEVERABILITY.

If any provision of this Agreement is illegal or unenforceable under applicable Law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.

19. GOVERNING LAW.

This Agreement is governed by and construed in accordance with the Laws of England and Wales, without regard to its principles of conflicts of Law that would cause the application of the Laws of any other jurisdiction, and regardless of Your location. However, this provision may not be valid in Your jurisdiction and local laws would therefore apply instead.

20. DISPUTE RESOLUTION.

(a) Arbitration

(i) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICE AND ALL RELATED MATTERS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY; PROVIDED THAT PENTAIR MAY APPLY TO ANY COURT OF COMPETENT JURISDICTION FOR TEMPORARY OR PERMANENT INJUNCTIVE RELIEF, SPECIFIC PERFORMANCE OR OTHER EQUITABLE RELIEF WITH RESPECT TO DISPUTES RELATING TO INTELLECTUAL PROPERTY RIGHTS OR BREACH OF CONFIDENTIALITY OBLIGATIONS, WITHOUT BREACH OF THIS SECTION 20 WITHOUT ANY ABRIDGMENT THE POWERS OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.

(ii) The provisions of Section 19 will apply with respect to the governing Law of the arbitration.

(iii) If Your residence or principal place of business, as applicable, is outside of the United States, Canada, or any country in APAC, then the arbitration will be administered by the International Chamber of Commerce (ICC) in accordance with ICC Rules of Arbitration. The arbitration rules specified in this subsection are referred to as the 鈥淩ules.鈥� For the purposes of this Agreement, 鈥淎PAC鈥� means the geographic region that includes the following countries: Australia, Bangladesh, Brunei, Burma, Cambodia, China (including Hong Kong Special Administrative Region and Macau Special Administrative Region), Christmas Islands, Fiji, India, Indonesia, Japan, Kiribati, Laos, Malaysia, Marshall Islands, Federated States of Micronesia, Mongolia, Nauru, New Zealand, Palau, Papua New Guinea, Philippines, Samoa, Singapore, Solomon Islands, South Korea, Sri Lanka, Taiwan, Thailand, Timor-Leste, Tonga, Tuvalu, Vanuatu and Vietnam.

(iv) Selection of the arbitrator shall be in accordance with the Rules. The arbitrator will conduct hearings, if any by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by You or by 草莓社区 that an in-person hearing is appropriate. If Your residence or principal place of business is outside of the United States, Canada or any country in APAC, the place of arbitration will be London, United Kingdom. The arbitration shall be conducted in English. Notwithstanding the foregoing, if Your principal place of business is in the Netherlands, You may opt to resolve any Dispute before Dutch courts, provided that You notify 草莓社区 of this election within thirty (30) days of 草莓社区 notifying You of 草莓社区鈥檚 intention to commence arbitration.

(v) The arbitrator鈥檚 decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. The arbitrator鈥檚 award will provide a written statement of the disposition of each claim, the award given and the essential findings and conclusions on which the award is based. Notwithstanding any of the foregoing, nothing in this Agreement will preclude You from bringing issues to the attention of applicable international, national and local agencies and, if applicable Law allows, they can seek relief against 草莓社区 for You. As part of the arbitration, both You and 草莓社区 will have the opportunity for discovery of non-privileged information that is relevant to the claim.

(vi) The arbitrator shall have the authority to award attorney's fees and costs to the prevailing party if such an award is allowed under applicable Law.

(b) Despite the above Section 20(a), 草莓社区, at its sole option (and regardless of whether 草莓社区 is claimant or respondent), may choose to submit any Dispute arising out of or related to this Agreement, to the courts of the state of New York, which in that case will have exclusive jurisdiction to determine the dispute. This Section 20(b) is for the benefit of 草莓社区.

(c) If You have already commenced arbitration proceedings in relation to a Dispute before 草莓社区 has commenced court proceedings, it is agreed that, on the demand of 草莓社区, the arbitration proceedings are to be discontinued within fourteen (14) days after 草莓社区 has commenced court proceedings in respect of the Dispute. 草莓社区 must deliver the demand for discontinuance within thirty (30) days of receipt by 草莓社区 from You of the request for arbitration initiating that arbitration and must commence the court proceedings within thirty (30) days of the demand for discontinuance. It is agreed that, on commencement of the court proceedings by 草莓社区, any arbitral tribunal already appointed, or to be appointed, will have no jurisdiction in respect of the dispute. Each Party will bear its own costs in connection with the arbitration proceedings.

21. WAIVER.

No failure to exercise, and no delay in exercising, on the part of either Party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

22. CONSTRUCTION.

Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term 鈥渋ncluding鈥� or variations thereof in this Agreement will be construed as if followed by the phrase 鈥渨ithout limitation鈥�.

23. NOTICES.

You agree that 草莓社区 may contact You by any reasonable means, including via the contact information You have provided in the Service account, by e-mail or the user interface for the Service, to provide You with information and notices relating to the Service, this Agreement or for other purposes related to the subject matter of this Agreement. Notices to 草莓社区 will be delivered by registered or certified mail only, return receipt requested, to the following address: 5500 Wayzata Blvd., Suite 900, Golden Valley, MN 55416, Attention: General Counsel. Unless otherwise provided by applicable Laws, notices are effective (a) when delivered personally, (b) seven (7) days after having been sent by registered or certified mail, return receipt requested, postage prepaid, (c) two (2) business days after deposit with a private industry express courier, with written confirmation of receipt, (d) for email or other electronic transmission to You, when sent, or (e) if posted in the user interface for the Service for You, when posted. You are responsible for ensuring that the email address and contact information in Your account is accurate and current. Notices sent via email will be effective when sent regardless of whether actually received.

24. ASSIGNMENT.

You may not assign this Agreement, or any of Your rights or obligations under this Agreement, without the prior written consent of an authorized representative of 草莓社区. 草莓社区 may assign this Agreement and any of 草莓社区鈥檚 rights or obligations under this Agreement, in whole or in part, without consent. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the Parties, their successors and permitted assigns.

25. THIRD PARTY BENEFICIARIES.

This Agreement is intended for the sole and exclusive benefit of the Parties and is not intended to benefit any Third Party unless expressly provided otherwise herein. Only the Parties to this Agreement may enforce it.

26. SURVIVAL.

The provisions of Sections 1 (鈥淒efinitions鈥�), 5 (鈥淩esponsibility for Use of Service鈥�), 9 (鈥淚ntellectual Property Rights鈥�), 10 (鈥淪ubmissions鈥�), 11(b) (鈥淭ermination鈥�), 12 (鈥淲arranty Disclaimer鈥�), 13 (鈥淟imitation of Liability鈥�), 14 (鈥淚ndemnification鈥�), 17 (鈥淐onfidentiality鈥�), 18 (鈥淪everability鈥�), 19 (鈥淕overning Law鈥�), 20 (鈥淒ispute Resolution鈥�), 21 (鈥淎rbitration鈥�), 21 (鈥淲aiver), 22 (鈥淐onstruction鈥�), 23 (鈥淣otices鈥�), 25 (鈥淭hird Party Beneficiaries鈥�), 27 (鈥淚nformation or Complaints鈥�), this Section 26 (鈥淪urvival鈥�), and any other Section, exhibit, addenda or attachment that, by its nature, is intended to survive termination, shall survive any expiration or termination of this Agreement.

27. INFORMATION OR COMPLAINTS.

If You have a question or complaint regarding the Service, please contact 草莓社区 at the address listed in Section 23. Please note that e-mails may not be secure, so You should not include any sensitive information in any e-mail.

28. APPLE-SPECIFIC TERMS.

In addition to Your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to Your use of any version of a mobile app included in the Service that is compatible with the iOS operating system of Apple Inc. (鈥淎pple鈥�, and any such app, the 鈥渋OS App鈥�). Apple is not a party to this Agreement and does not own and is not responsible for the iOS App. Apple is not providing any warranty for the iOS App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the iOS App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the iOS App, including any third-party product liability claims, claims that the iOS App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the iOS App, including those pertaining to intellectual property rights, must be directed to 草莓社区 in accordance with the 鈥淚nformation or Complaints鈥� section above. The license You have been granted herein is limited to a non-transferable license to use the iOS App on an Apple-branded product that runs Apple鈥檚 iOS operating system and is owned or controlled by You, or as otherwise permitted by the Usage Rules set forth in Apple鈥檚 App Store Terms of Service, except that the iOS App may also be accessed and used by other accounts associated with You via Apple鈥檚 Family Sharing or volume purchasing programs. In addition, You must comply with the terms of any third-party agreement applicable to You when using the iOS App, such as Your wireless data service agreement. Apple and Apple鈥檚 subsidiaries are third-party beneficiaries of this Agreement and, upon Your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof; notwithstanding the foregoing, 草莓社区鈥檚 right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any Third Party.

29. ELECTRONIC SIGNATURE AND DISCLOSURE CONSENT NOTICE.

You agree to the use of electronic documents and records in connection with this Agreement and all future documents and records in connection with the App鈥攊ncluding this electronic signature and disclosure notice鈥攁nd that this use satisfies any requirement that 草莓社区 provides You these documents and their content in writing. If You do not agree, do not enter into this Agreement. You have the right to receive a paper copy of all documents and records. You may (a) obtain a paper copy of any document or record (free of charge), (b) withdraw Your consent to the use of electronic documents and records, or (c) update Your contact information through Your App account.

30. ENTIRE AGREEMENT.

This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter addressed herein and, except in relation to fraud, supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein. Each Party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement. This Section does not exclude liability of either Party for fraudulent misrepresentation.