2023-05-09
This document has been deprecated as of 2024-03-13. The new version can be found here: Updated Terms and Conditions
License Agreement for Danfoss Heat
Exchanger selection software (HEX SSW)
CAREFULLY READ THIS SOFTWARE LICENSE
AGREEMENT ("AGREEMENT" or “Agreement”). BY DOWNLOADING THE SOFTWARE
AND/OR CLICKING THE APPLICABLE BUTTON TO COMPLETE THE INSTALLATION PROCESS, YOU
AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BECOME
A PARTY TO THIS AGREEMENT AND BE BOUND BY ITS TERMS AND CONDITIONS, DO NOT
INSTALL OR USE THE SOFTWARE.
If You are accepting these terms on behalf
of an entity, You agree that You have authority to
bind the entity to these terms.
The terms of this Agreement apply to the
software provided with this Agreement, all updates or upgrades to the software
that may be provided later by Danfoss, unless such update or upgrade comes with
separate software license terms (collectively "Software" or
"SOFTWARE").
1. License
This Agreement is entered into between
Danfoss A/S (“Danfoss”) and you or the entity on behalf of which you accept
this Agreement (collectively “You” or “User”).
Upon acceptance of this Agreement Danfoss
grants You a limited, non-exclusive, non-transferable, royalty-free, worldwide
license (“License”) to install and use the Software for User’s use on any
device that User owns or controls. The License is granted subject to User’s
acceptance of, and compliance with, the following:
a)
The terms of this Agreement
Danfoss reserves the right, at its sole discretion,
to terminate the License at any time and/or to change, suspend, remove or disable User’s access to the Software at any time
without notice.
The License does not transfer any ownership
rights to You. Danfoss shall remain the exclusive owner of any
and all intellectual property rights concerning the Software, including
without limitation patents, inventions, copyrights, database rights, design
rights (whether registered or not), trademarks, trade names, logos, trade
secrets and know-how.
2. Open source
Software
The Software may include certain third party open source and free software components
("Open Source Components"), each of which has its own copyright and
its own license conditions ("Open Source License").
To the extent any Open
Source License grants the User rights to use, copy or modify the Open
Source Component that are broader than the rights granted in this Agreement,
then such rights shall take precedence over the rights and restrictions granted
in this Agreement solely for such Open Source Components.
The Open Source
Components are provided "as is" by the third party licensors who
disclaim all liabilities, damages, (even if they have been advised of the
possibility of such damages), warranties, indemnities and other obligations of
any kind, express or implied, with regard to the Open Source Components. The Open Source Components are excluded from any indemnity
provided by Danfoss in this License.
3. Support
Danfoss may at its sole discretion make
available to the User support services in respect to the Software.
For support please email:
SWHelp@danfoss.com <mailto:SWHelp@danfoss.com>
4. Personal data
By your registration and use of HEXSelector you
provide among other things your personal data to Danfoss A/S, Nordborgvej 81, DK-6430 Nordborg,
Denmark, being the parent company of the Danfoss Group. Danfoss A/S is the Data
Controller for the processing of personal data in respect HEXSelector.
In this regard, Danfoss may process your
personal data of the following data categories:
o Contact
data (e.g. name, email address, phone number)
o Digital
footprints (e.g. cookies, IP address)
o Employment
information (e.g. name of employer, position, title)
o Other
IDs (e.g. username, password)
to administer your account and provide you
with products, services, and information that you request from us, to provide
general customer service and support; or to gain customer insights and
knowledge of how our various services, including applications and products are
used as well as evaluation and improvement hereof. Danfoss may contact you by
way of e-mail, text message, telephone, or mail with respect to above purpose.
The processing of the personal data is
lawful because it is necessary for the purpose of the legitimate interest
pursued by Danfoss which is not overridden by your interests or fundamental
rights of privacy and freedom and/or occasionally.
For further information about how Danfoss
processes your personal data and your data privacy
rights please refer to the Danfoss Privacy Policy.
You may at any time withdraw this consent
by sending an email to SWHelp@danfoss.com <mailto:SWHelp@danfoss.com>.
5. Restrictions
Except as expressly permitted by Danfoss
You may not
·
use the Software for any
purpose except in compliance with this Agreement;
·
copy or reproduced the Software
in any form;
·
sublicense, rent, lease, sell,
distribute the Software or exploit the Software commercially;
·
modify, reverse-engineer, decompile,
de-assemble the Software, or in any other way attempt to investigate the source
code of the Software;
·
Alter or remove the copyright
notices from the Software
6. Limitation of Liability
To the extent not prohibited by law, in no
event shall Danfoss be liable for any direct, special, indirect
or consequential damages, whatsoever, including, without limitation, damage to
property, damages for loss of savings or profits, or loss of data arising out
of any use of the Software, or arising out of any inability to use the
Software.
7. Disclaimer of warranty
This License and Software is provided on an
“as is” and “as available” basis for the agreed purposes only and any use
hereof is at User’s sole risk.
Danfoss disclaims all warranties and
conditions regarding the Software, whether express, implied, or statutory,
including, but not limited to, conditions of merchantability, satisfactory
quality, fitness for a particular purpose, accuracy
and non-infringement of third parties’ rights. Danfoss does not warrant that
the Software will meet your requirements or that the operation hereof will be
uninterrupted or error-free.
8. Miscellaneous
Entire agreement - This Agreement
supersedes all prior agreements, understandings or
arrangements (both oral and written) relating to the subject matter of this
Agreement.
Automatic termination - The License shall
automatically terminate upon User’s breach of any of the terms of this
Agreement. Danfoss may at any time terminate the License at its sole discretion
without prior notice.
Amendments - No variation, supplement or replacement of this Agreement or any of its
terms, including this provision, shall be effective unless in writing and
signed by or on behalf of each party.
Severability - If one or several provisions
of this Agreement become invalid or unenforceable, the remaining provisions of
the Agreement are not affected thereby.
Choice of law and venue - This Agreement
and the License is subject to the laws of Denmark without regard to conflict of
laws provisions. Any dispute arising out of or in
connection with this Agreement shall be submitted to the exclusive jurisdiction
of the courts in Denmark.