HONEYWELL CONNECTED HOME PRIVACY STATEMENT AND END-USER LICENSE AGREEMENT
Last updated October 27, 2015
Welcome! Below you will find Honeywell’s Connected Home Privacy Statement and End-User License Agreement; these are legal agreements between you and Honeywell International Inc. and its subsidiaries (“Honeywell”) for the use of certain Honeywell services, systems, and software covering a spectrum of Honeywell “Connected Home” products and services.
The Privacy Statement describes, among other things:
The End User License Agreement includes:
HONEYWELL CONNECTED HOME PRIVACY STATEMENT
This Privacy Statement covers the use of certain Honeywell products and services delivered to you via apps or web pages, including Honeywell software for use on Honeywell products and communications networks, Honeywell software allowing web-based interface and underlying functionality and access to Honeywell services, Honeywell web and mobile device applications software, Honeywell websites, and any Honeywell networks related to any of the foregoing (collectively, the “Honeywell Services” or “Services”) and the licensure of software products identified above, which includes computer and application software and may include associated media, printed materials, and "online" or electronic documentation, and any future versions, releases, updates, patches, error fixes and bug fixes of the above software ("Honeywell Software"). For convenience, we refer to the combination of products, software, websites, apps, and services we provide to you as the “System.”
You understand that through your use of the System you consent to the collection and use of certain information as described in this Privacy Statement, including the transfer of this information to the United States and/or other countries for storage, processing and use by Honeywell. Although the laws that protect personal information in those countries may differ from the laws where you live, we will take reasonable steps to ensure that your privacy is protected. By using our websites and giving your information to us, you consent to the transfer of the data outside of your country of residence. This Privacy Statement is subject to change and we will notify you in the event of a material change by posting such change prominently on the System; your continued use of the System after such changes will indicate your consent to the revised Statement.
Honeywell collects information relating to you and your use of the System in order to provide services and features that are easy to use and responsive to your needs. We use the term “Consumer Information” to refer to any personally identifiable or anonymous information relating to you or your use of the System. We use Consumer Information for a wide variety of purposes, as described below:
Honeywell uses industry standard web analytics to track web visits, Google Analytics and Adobe Analytics. The information generated by the cookie about your use of our websites (including your IP address) will be transmitted to and stored by Google and Adobe on servers in the United States. Google and Adobe will use this information for the purpose of evaluating your use of our websites, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google and Adobe may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s or Adobe’s behalf. Google and Adobe will not associate your IP address with any other data held by Google and Adobe.
You may opt out of web analytics by installing these tools on your computer:
Google Analytics Opt Out Link
Adobe Analytics Opt Out Link
Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals. Honeywell currently does not take action in response to these signals. If and when a final standard is established and accepted, Honeywell will reassess how to respond to these signals.
If the System is distributed by a dealer, contractor, utility company, retailer, or other third party and you share your Consumer Information with such party, we cannot control and are not responsible for the collection, storage, disclosure, and use of your information by such party. If the System is provided through your utility provider or third party System provider, we may share Consumer Information with your utility provider or third party System provider in accordance with your agreement with such utility provider or third party System provider. In some circumstances, we may share your Consumer Information with third parties upon your request; in such event we cannot control and are not responsible for the collection, storage, disclosure, and use of your information by such party. In these circumstances, such parties’ obligations with respect to such Consumer Information are governed by their agreement with you. In the event you choose to control your Honeywell device with a third party application, software, or other offering, e.g., applications that work with Apple’s HomeKit, we cannot control or be responsible for the collection, storage, disclosure, and use of your Consumer Information by such third party.
Honeywell does not knowingly collect personally identifiable information from anyone younger than 13. If Honeywell is made aware that it has received personally identifiable information from someone younger than 13, it will use reasonable efforts to remove that information from its records.
Honeywell is committed to protecting the security of your personal information and System. We use a variety of security technologies and procedures to help protect your personal information and System from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access that are located in facilities to which access is limited. For sites to which you login, it is your responsibility to ensure the security of your password and not to reveal this information to others. When you move around a site to which you have logged in, or from one site to another that uses the same login mechanism, we verify your identity by means of an encrypted cookie placed on your machine. Notwithstanding the foregoing, Honeywell cannot guarantee that the System or your personal information cannot be compromised or hacked.
This Privacy Statement will be governed by and construed according to the internal laws of the State of New York, without regard to conflict of law principles. Any action against any party to this Privacy Statement will be commenced only in the federal or state courts within the State of New York, which courts will have exclusive jurisdiction over such actions and proceedings and the parties hereby irrevocably consent to personal jurisdiction over them by such courts.
The provisions of this Privacy Statement will apply to the fullest extent permitted by law and be interpreted and applied to a lesser extent (but, in such case, to the maximum extent possible), where necessary to be valid. The invalidity or unenforceability of any provision of this Privacy Statement will not affect any other provision and all such other provisions will remain in full force and effect without change or modification thereof. You consent to the exclusive use of the English language in this Privacy Statement, as well as all communications from Honeywell.
If you have any questions about our privacy practices, please contact us at:
Honeywell International Inc.
Connected Home Customer Care – Data Privacy Inquiries
1985 Douglas Drive North
Golden Valley, MN55422
HONEYWELL CONNECTED HOME END USER LICENSE AGREEMENT
By installing or using the System, you agree to be bound by the terms and conditions in this End User License Agreement (“EULA”). You agree that you are the end-user of the System and you represent that you are of legal age and are authorized to enter into this EULA on behalf of yourself and any party to whom you grant access to the System.
This EULA is for the use of certain Honeywell products and services, including Honeywell software for use on any Honeywell products and communications networks, Honeywell software allowing web-based interface and underlying functionality and access to Honeywell services, Honeywell web and mobile device applications software, and any Honeywell networks related to any of the foregoing (collectively, the “Honeywell Services” or “Services”) and the licensure of software products identified above, which includes computer and application software and may include associated media, printed materials, and "online" or electronic documentation, and any future versions, releases, updates, patches, error fixes and bug fixes of the above software ("Honeywell Software"). For convenience, we refer to the combination of products, software, and services we provide to you as the “System.”
The System includes software owned by Honeywell and software licensed to Honeywell, and is protected by United States and international copyright laws and treaties, as well as other intellectual property laws and treaties. The System is licensed to you, not sold. Subject to the terms of this EULA, Honeywell grants you a limited, non-exclusive, non-transferable license (without the right to sublicense except as set forth below) to use the System, and its related Honeywell Software, solely for your personal use with your home or business in the continental United States and Canada. The foregoing license includes the right to install the Honeywell Software on your personal computer and/or mobile device and to use the Honeywell Software in conjunction with your licensed use of the System. Unregistered use, reproduction and distribution of the System is not permitted by Honeywell and is in violation of U.S. and international copyright laws and is subject to civil and criminal penalties. You are specifically prohibited from making or distributing any copies of the System. All rights of any kind in the System and all other rights of Honeywell, which are not expressly granted in this EULA, are entirely and exclusively reserved to and by Honeywell (including the rights to the software object code and source code). You may not rent, lease, copy, modify, or translate the System, or create derivative works based on the System. You may not alter or remove any of Honeywell’s copyright or proprietary rights notices or legends appearing on or in the System. You may not reverse engineer, decompile or disassemble the System. Except as expressly set forth herein, you may not make access to the System available to any third party, nor are you authorized to make the output generated by or the results of any performance or functional evaluation of the System available to any third parties, nor are you permitted to allow any third party to engage in any activity that you are expressly prohibited from engaging in herein.
The following rules apply to your use and any use authorized or permitted by you of the System:
Honeywell has the right to deny access to, and to suspend or terminate your access to, the System, or to any features or portions of the System at any time and for any reason, including, but not limited to, for any violation by you of this EULA.
If you are an authorized Honeywell central station or dealer, you shall have the right to sublicense access to security or lifestyle Systems solely to end users, provided each end user agrees to the terms of this EULA and all applicable fees are paid to Honeywell and such end user is aware of and consents to such sublicense (as opposed to a direct license as contemplated by this EULA).
The System may contain or be derived from materials of third party licensors. Such third party materials may be subject to restrictions in addition to those listed in this EULA. You agree that any third party supplier shall have the right to enforce this EULA with respect to such third party’s software.
The System may contain Open Source Software that is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software. As used herein, the term “Open Source Software” means any software, program, module, code, library, database, driver or similar component (or portion thereof) that is royalty free, proprietary software, the use of which requires any contractual obligations by the user to a third party or any license that has been approved by the Open Source Initiative, Free Software Foundation or similar group.
If you subscribe to GPS Tracking Services or agree to the geolocation feature as part of your System, you agree that you will only use the location based services in accordance with applicable law and as intended. You acknowledge that Honeywell shall have no liability for your usage of the Service that does not comply with law or the intended purpose.
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form and (b) maintain and promptly update such information. You must create a username and password to access the System. If you are provided with a temporary username and password you must modify the temporary credentials and create your own username and password. You are responsible for maintaining the confidentiality of your password and account and you are fully responsible for all activities that occur under your password, account or any subaccount. You agree to (a) immediately change your password in the event of any breach of security, (b) notify your central station (if applicable) or Honeywell, as the case may be, if you have experienced a breach of security, (c) not share your username and password with any third party; and (d) ensure that you exit from your account at the end of each session. You agree that the terms of this EULA will be binding upon and govern the relationship between Honeywell and any third party to whom you grant access to your account or permit to maintain a subaccount. You further agree to take any and all action necessary to ensure compliance with, and enforce the terms of, this EULA, and to indemnify Honeywell for any and all costs, damages, losses or expenses incurred in respect of such third party user. Honeywell will not be liable for any loss or damage arising from your failure to comply with this Section.
If your equipment does not work it may interfere with System network operations. The Federal Communications Commission may require that Honeywell have immediate access to your equipment in the event of an emergency. You agree to provide such access as is necessary in an emergency to either your central station or dealer or Honeywell network representatives as required.
You acknowledge and agree that you have the option to add additional parties to your account and such parties will have full or partial access to the System, including, but not limited to, the ability to view and change your daily schedule and thermostat and/or security or home automation settings and programming. You further acknowledge and agree that Honeywell has no responsibility to you with respect to the actions of such parties. Further, you acknowledge and agree that you have the option to include your contractor’s or dealer’s or other party’s information in your account information and such party may receive alerts from the System regarding your home (e.g., in the event the temperature in your house drops below freezing or in the event of a security or safety breach) along with certain personally-identifiable information in order to be able to identify the source of the alert. Your contractor or dealer may contact you in the event it receives such alerts. You acknowledge and agree that Honeywell has no responsibility with respect to any actions or inactions on the part of such third party.
You acknowledge and agree that Honeywell and its affiliates, service providers, suppliers, and dealers are permitted at any time and without prior notice to remotely push software and firmware updates, enhancements, changes, modifications, additional functionality or bug fixes to the System. You hereby consent to the foregoing and release Honeywell and its affiliates, service providers, suppliers, and dealers from any and all liability arising from such action.
This EULA is effective on the day you first use the System and will continue for so long as you continue to use the System and Services and to otherwise make any required System service payments. Honeywell may terminate this EULA and your use of the System at any time if you fail to comply with any of the terms hereof, including failure to make required System service payments, if applicable, effective immediately. If you have a contract with a dealer for certain Services, your right to use the Services is subject to your dealer or central station’s payment of all fees due to Honeywell for such Services and Honeywell may suspend or terminate your access to the Services in the event such party fails to pay for Services being provided by Honeywell or you fail to pay such party any sums otherwise due. Your payment to your dealer or central station monitoring company does not guarantee your right to the System. You may incur additional fees from third party providers in connection with your use of the System, an independent handheld device, or the internet, for data transmission, video clip or still image transmission, internet usage, SMS, short code or other transmission fees, charges or taxes. If Honeywell ceases supplying Services to you due to you or your dealer or central station’s failure to pay for Services, Honeywell will have no liability to you and you must look to your dealer or central station for the return of any amounts pre-paid by you to the central station or dealer. Depending on the Services contracted or subscribed to by you, Honeywell may also suspend or terminate a user account because of user inactivity or excessive activity. Depending on the Services contracted or subscribed by you, you may terminate this EULA upon written notice to Honeywell or by terminating use of the System. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the System immediately. Honeywell reserves the right at any time and from time to time to charge for use of the System, and modify or discontinue, temporarily or permanently, the System (or any part thereof) with or without notice. You agree that Honeywell will not be liable to you or to any third party for any modification, suspension or discontinuance of the System. YOU UNDERSTAND AND AGREE THAT IF YOU MOVE YOU WILL DELETE YOUR ACCOUNT AND NO LONGER ACCESS THE HONEYWELL SYSTEM WITH RESPECT TO YOUR PRIOR ADDRESS. IF YOU HAVE A CONTRACT WITH A DEALER OR CENTRAL STATION YOU MUST NOTIFY IT IF YOU ARE MOVING TO TERMINATE YOUR ACCOUNT.
THE SYSTEM IS PROVIDED AS IS, AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND HONEYWELL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk arising out of use, performance or non-performance of THE SYSTEM remains with you. TO THE FULLEST EXTENT PERMITTED BY LAW, HONEYWELL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SYSTEM.
HONEYWELL AND ITS THIRD PARTY SERVICE PROVIDERS HAVE NO LIABILITY FOR THE CHOICE OF ALARM DEVICES OR OTHER PRODUCTS INSTALLED AT YOUR PREMISES, THEIR INSTALLATION AND CONNECTION, OR OPERATION OF YOUR CONTRACTOR, CENTRAL STATION OR DEALER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HONEYWELL DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR (1) THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT OR INFORMATION OR MATERIAL PROVIDED BY OR ACCESSIBLE THROUGH THE SYSTEM; AND (2) THE USE OF OR INABILITY TO USE THE SYSTEM; AND (3) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; AND (4) BREACHES OF SECURITY; AND (5) INFORMATION COMMUNICATED THROUGH MESSAGE BOARDS OR OTHER FORUMS; AND (6) ANY OTHER FAILURE TO PERFORM BY HONEYWELL; AND (7) DAMAGE, INJURY, OR LOSS OF LIFE OR DAMAGE TO PROPERTY.
IF HONEYWELL SHOULD NEVERTHELESS BE FOUND LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS, DAMAGE OR INJURY ARISING UNDER THIS AGREEMENT OR OTHERWISE, REGARDLESS OF CAUSE OR ORIGIN, ON ANY BASIS WHATSOEVER, (INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE), ITS TOTAL MAXIMUM LIABILITY IS LIMITED TO $1,000.00 IN CONNECTION WITH SECURITY SYSTEMS AND $100.00 FOR ALL OTHER SYSTEMS, WHICH WILL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST HONEYWELL. IN ADDITION, IN NO EVENT WILL HONEYWELL OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE SYSTEM OR ANY COMPONENT THEREOF OR TO YOUR RELATIONSHIP WITH HONEYWELL, EVEN IF HONEYWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL HONEYWELL BE HELD LIABLE FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SYSTEM, ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
IN THE EVENT YOU (1) UTILIZE A NON-HONEYWELL APPLICATION TO CONTROL YOUR HONEYWELL PRODUCT (E.G., APPLICATIONS THAT WORK WITH APPLE’S HOMEKIT); (2) CONNECT A NON-HONEYWELL DEVICE TO YOUR SYSTEM; (3) UTILIZE A THIRD PARTY API; (4) BECOME PART OF A DEMAND RESPONSE PROGRAM; OR (5) BECOME PART OF A THIRD PARTY CONNECTED HOME OR BUSINESS ECOSYSTEM, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL HONEYWELL BE RESPONSIBLE FOR THE ACCURACY, FUNCTIONALITY, RELIABILITY, AVAILABILITY, INTEROPERABILITY, LEGALITY OR USEFULNESS OF SUCH APPLICATION, DEVICE, API, OR ECOSYSTEM NOR WILL HONEYWELL BE LIABLE FOR ANY DAMAGES THAT MAY OCCUR AS A RESULT OF SUCH USE. USE OF A THIRD PARTY APPLICATION, DEVICE, API, OR ECOSYSTEM IS ENTIRELY AT YOUR OWN RISK AND EXPENSE. IN THE EVENT OF ANY OF THE FOREGOING USES, HONEYWELL RESERVES THE RIGHT TO DISCONTINUE YOUR RIGHT TO USE THE SYSTEM.
THERE IS NO GUARANTEE THAT THE SYSTEM WILL PROVIDE ADEQUATE WARNING IN ANY GIVEN SITUATION, OR THAT IT WILL NOT BE COMPROMISED OR CIRCUMVENTED BEFORE IT COMMUNICATES WITH YOU OR ANY THIRD PARTY OR THAT IT WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS CAUSED BY BURGLARY, ROBBERY, FIRE, EXCESSIVE HEAT, COLD, WATER DAMAGE, HUMIDITY OR OTHERWISE. FURTHER, THERE IS NO GUARANTEE THAT THE SYSTEM OR YOUR MOBILE DEVICE OR COMPUTER WILL TRANSMIT OR RECEIVE ALL SIGNALS SENT BY OR TO YOU OR ANY THIRD PARTY REGARDING THE SERVICES YOU HAVE SUBSCRIBED TO, INCLUDING, BUT NOT LIMITED TO, SIGNALS REGARDING THE ACTIVATION OR DEACTIVATION OF YOUR ALARM SYSTEM OR HVAC SYSTEM OR OTHER SYSTEMS. YOU ACKNOWLEDGE THAT HAVING A SECURITY SYSTEM, THERMOSTAT, WATER LEAK DETECTOR, OR OTHER LIFESTYLE SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE A BURGLARY, ROBBERY, FIRE, FROZEN PIPES, WATER DAMAGE, OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU ACKNOWLEDGE THAT THE AVAILABILITY OF THE SYSTEM IS DEPENDENT ON YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, ROUTER, POWER SOURCE, YOUR INTERNET SERVICE PROVIDER, YOUR SATELLITE PROVIDER IN THE CASE OF GEOLOCATION SERVICES, AND YOUR MOBILE DEVICE CARRIER AND YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ALL FEES ASSOCIATED WITH SUCH USE AND FOR COMPLIANCE WITH ANY AGREEMENTS RELATED TO SUCH USE. YOU FURTHER ACKNOWLEDGE THAT HONEYWELL AND ANY NETWORK SERVICE PROVIDERS CANNOT GUARANTEE THE SECURITY OF ANY WIRELESS TRANSMISSION AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF ANY SERVICE. YOU AGREE THAT YOU WILL NOT RESELL ANY OF THE WIRELESS SERVICES PROVIDED TO YOU AS PART OF THE SYSTEM. HONEYWELL WILL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER LOSS BASED ON A CLAIM THAT THE SYSTEM FAILED TO GIVE WARNING OR ALERT OF ANY TYPE AND YOU HEREBY RELEASE HONEYWELL FROM ALL LIABILITY RESULTING THEREFROM. HONEYWELL MAKES NO GUARANTEE THAT THE SYSTEM WILL BE COMPATIBLE WITH ALL COMPUTERS OR HANDHELD DEVICES. YOU SHOULD FIRST TEST THOSE DEVICES AT HOME FOR COMPATIBILITY BEFORE USING THEM AWAY FROM HOME.
The failure of Honeywell to enforce at any time any of the provisions of this EULA will not be construed to be a continuing waiver of any provisions hereunder nor will any such failure prejudice the right of Honeywell to take any action in the future to enforce any provisions hereunder.
Software and technical information delivered under this EULA are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations, and you will be solely responsible for obtaining any import, export, re-export approvals and licenses required for such software any technical information, and retaining documentation to support compliance with those laws and regulations.
This EULA will be deemed entered into in the State of New York and will be governed by and construed according to the internal laws of the State of New York applicable to agreements executed and to be performed entirely within New York, without regard to conflict of law principles. Any action against any party to this EULA will be commenced only in the federal or state courts within the State of New York, which courts will have exclusive jurisdiction over such actions and proceedings and the parties hereby irrevocably consent to personal jurisdiction over them by such courts. You agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this EULA and is hereby disclaimed. It is understood and agreed that, notwithstanding any other provisions of this EULA, breach of any provision of this EULA by you may cause Honeywell irreparable damage for which recovery of money damages would be inadequate, and that Honeywell will therefore be entitled to obtain timely injunctive relief to protect Honeywell’s rights under this EULA in addition to any and all remedies available at law.
This EULA, including the Privacy Statement, your subscription agreement (if applicable) and Honeywell’s terms and conditions of sale that accompanied your purchase of any equipment (including your central station monitoring agreement if applicable) forms the entire agreement between you and Honeywell and supersedes in their entirety any and all oral or written agreements previously existing between you and Honeywell with respect to your access to and use of the System and related Services.
Neither this EULA nor any of the rights, interests or obligations provided by this EULA may be transferred or assigned by you without the prior written consent of Honeywell. Honeywell may assign this EULA, in whole or in part, in its sole discretion. This EULA will be binding upon the parties and each of their present and future officers, directors, employees, parents, subsidiaries, agents, successors, assigns, contractors, licensees, affiliates, family members and guests and authorized users.
The provisions of this EULA will apply to the fullest extent permitted by law and be interpreted and applied to a lesser extent, where necessary to be valid. The invalidity or unenforceability of any provision of this EULA will not affect any other provision and all such other provisions will remain in full force and effect without change or modification thereof. You consent to the exclusive use of the English language in this EULA, as well as in all communications from Honeywell.
This Section applies to you only if you use the System on an Apple device (e.g., iPhone, iPad, iPod Touch) (any such device, an “Apple Device”); this section does not apply to you if you do not use the System on an Apple Device. The parties acknowledge that this EULA is concluded solely between Honeywell and you, and not with Apple, and Apple is not responsible for the System and the content thereof. Any support that may be offered by Honeywell in connection with the System is solely the responsibility of Honeywell and it is acknowledged by the parties that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the System. The parties acknowledge that Apple has no obligation to furnish any warranty with respect to the System. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the System. The parties acknowledge that Apple is not responsible for addressing product claims. Apple is not responsible for addressing any claims of any end-user or any third party relating to the System or the end-user’s possession and/or use of that System, including, but not limited to: (i) product liability claims; (ii) any claim that the System fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The parties acknowledge that, in the event of any third party claim that the System or your possession and use of that System infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Complaints or claims with respect to the System should be directed to Honeywell at the following address:email@example.com. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.