Inform™ Master Subscription Agreement

PLEASE READ THIS MASTER SUBSCRIPTION AGREEMENT CAREFULLY BEFORE PURCHASING THE SOFTWARE SERVICE. BY PURCHASING OR ACCESSING THE SOFTWARE SERVICE, OR AUTHORIZING OTHERS TO DO SO, YOU, ON BEHALF OF YOURSELF AND THE ENTITY FOR WHOM YOU ARE DOING SO (HEREINAFTER REFERRED TO INTERCHANGEABLY AS “YOU” AND “AUTHORIZED USER”), ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE USING THE SOFTWARE SERVICE ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE PARTY OR ENTITY FOR WHICH YOU ARE USING THE SOFTWARE SERVICE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT WISH TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE SOFTWARE SERVICE. YOU MUST THEN SELECT THE “DECLINE” BUTTON AT THE END OF THIS AGREEMENT OR THE EQUIVALENT OPTION AND YOU CANNOT USE THE SOFTWARE SERVICE.

Inform is a web and mobile application service that allows users to monitor devices and services connected to their Inform Account through any devices that are supported by Inform. Third-party products and services may also support the Inform Software Service.

THIS INFORM MASTER SUBSCRIPTION AGREEMENT (the “Agreement”) is a legal agreement between You (either an individual end-user or an entity) and Leviton Manufacturing Co., Inc., a Delaware corporation with its principal place of business at 201 N. Service Road, Melville, NY 11747, and its affiliates (“Leviton”) and governs the use of Leviton’s proprietary software, and the services and content made available to You. This document applies to the use of the Inform web and mobile applications and related services, and the related operation of Leviton products that function through Inform (the “Leviton Products”).

Leviton reserves the right to change this Agreement at any time, so please review the Agreement each time prior to making a purchase or adding a Leviton Product to the Inform Software Service.

Note on translation: This Master Subscription Agreement may have been translated into various languages for the convenience of Leviton Authorized Users. While the translation is correct to the best of Leviton’s knowledge, Leviton is not responsible or liable in the event of an inaccuracy. English is the controlling language of this Master Subscription Agreement, and any translation has been prepared for You as a courtesy only. In the event of a conflict between the English - language version of this Master Subscription Agreement and a version that has been translated into another language, the English-language version shall control.

WHEREAS, You wish to procure from Leviton the Software and Software Services described herein, and for good consideration, the parties agree as follows:

a.  The Software Service web application will be automatically updated; or

b.  For the mobile application, You may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Software Service or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the Software Service and be subject to all terms and conditions of this Agreement.

1. Scope. This  Agreement  is  applicable  to  anyone  who  registers  for  an Inform subscription and and/or uses the software and services accessible through the web or mobile applications, including related offline components, as described on the ordering page that are made available online by Leviton or any other partner or service provider authorized to provide the software and services to Authorized Users (“Software Service”). Some or all of the Software Service may be remotely hosted or accessible to You through the Internet
2. Grant of License. Subject to the terms of this Agreement, Leviton grants to You a personal, limited, non-exclusive, non-sublicensable, non-transferable (except pursuant to Section 3 below) license to (a) use the software accompanying this Agreement accessible through a web or mobile application, any third party or other software, and all new versions, updates, revisions, improvements and modifications of the foregoing that Leviton provides remote access to and use of as part of the Software Service (the “Software”), and (b) access and use the Software Service after registration or purchase of a Inform subscription, and with payment of any applicable annual service fees. No other rights are granted.
3. Restrictions. The Software Service contains copyrighted material and other proprietary materials of Leviton, including Third-Party Components (as defined in Section 16 below). You agree that in order to protect those proprietary materials and Third-Party Components, except as expressly permitted by applicable law, neither You nor a third party acting on Your behalf will: (i) decompile, disassemble or reverse engineer the Software Service; (ii) modify or create derivative works based on the Software Service in whole or in part; (iii) sell, distribute, rent, lease, sublicense or otherwise transfer the Software Service to a third party, except upon a permanent transfer of an Authorized User account; provided that the transferee agrees to be bound by the terms and conditions of this Agreement ; (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or intellectual property or proprietary notices from the Software; (v) use any Third-Party Components in any manner or for any purpose or application not expressly permitted by the controlling Third-Party Licenses (as defined in Section 16 below); (vi) bypass or breach any security device or protection used by the Software Service or access or use the Software Service other than through a registered Inform account; (vii) input, upload, transmit or otherwise provide to or through the Software Service any information or materials that are unlawful or injurious, or contain, transmit or activate any harmful code; (viii) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Software Service to any third party, in whole or in part; (ix) access or use the Software Service in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable law; (x) access or use the Software Service for purposes of competitive analysis of the Services, or for the development, provision or use of a competing software service or product or any other purpose that is to Leviton’s detriment or commercial disadvantage; (xi) access or use the Software Service in, or in association with, the design, construction, maintenance, or operation of any hazardous environments, systems, or applications, any safety  response  systems  or  other  safety-critical  applications,  or  any  other  use  or application in which the use or failure of the Software Service could lead to personal injury or severe physical or property damage, or (xii) otherwise access or use the Software Service beyond the scope of the authorization granted under Section 2 above. Notwithstanding the above, Authorized Users located in certain countries may face additional license or use restrictions in accordance with the laws of the jurisdiction where the Software is used.
4. Corrective Action and Notice. If You become aware of any actual or threatened activity prohibited by Section 3 (Restrictions) above, You shall immediately: (a) take all reasonable and lawful measures within Your respective control that is necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Software Service and permanently erasing from Your systems and destroying any data to which unauthorized access may have been gained; and (b) notify Leviton of any such actual or threatened activity.
5. Ownership. The Software Service is licensed, not sold, to You for use only under the terms and conditions of this Agreement, and Leviton reserves all rights not expressly granted to You in this Agreement, subject only to the rights of third parties in Third-Party Components. Leviton retains title to and ownership of the Software Service, any modifications or copies thereof, and all intellectual property rights therein, including, without limitation, copyright and patent rights.
6. Compatibility. You acknowledge that You have verified the compatibility of the Software Service You are purchasing with Your equipment. You are solely responsible for determining the compatibility of Your equipment with the Software Service, and You accept that lack of compatibility provides no basis for receiving a refund. The Software Service will not work without (a) compatible equipment, including Leviton Products, (b) a working Wi-Fi network and/or internet access in Your facility that can communicate reliably with Your equipment, (c) a mobile device with the compatible Software installed, (d) an Inform account, or (e) any other requirements that may be specified by Leviton now or at a later date. In addition, You allow the activation of Bluetooth, Wi-Fi, or other communication mechanisms on Your mobile device by Leviton, with or without prior notification, to facilitate the proper operation of the Software Service.
7. Term and Termination. Software Services are purchased as subscriptions. This Master Subscription Agreement and Your right to use the Software Service will take effect at the moment You click “I ACCEPT” and is effective until terminated, as set forth below. If You do not click “I ACCEPT”, You are not permitted to purchase or access the Software Service. This Agreement is effective until terminated. This Agreement, and the Software Service, may be suspended or terminated in whole or in part by Leviton without notice at any time and for any reason, and without liability. In addition, Leviton reserves the right at any time and on reasonable grounds, such as any reasonable belief of fraudulent or unlawful  activity  or  actions  or  omissions  that  violate  any  term  or  condition  of  this Agreement, to deny Your access the Software Service, in whole or in part, in order to protect its name and goodwill, its business and/or other Authorized Users, and if You fail to comply with this Agreement, subject to the survival rights of certain provisions identified below. Termination is effective without notice. Upon any violation of any of the provisions of this Agreement, rights to use the Software Service shall automatically terminate. You may terminate this Agreement by ceasing to access and use the Software Service. The following provisions shall survive termination of this Software License Agreement for any reason: Grant of License (§2), Restrictions (§3), Disclaimer of Warranty on Software (§12), Limitation of Liability (§13), Indemnification (§14), Disputes (§25), and Miscellaneous (§27).
8. Availability. All Software Service offered is subject to availability, and Leviton reserves the right to impose limits on any order, to reject all or part of an order, and to discontinue offering certain software or services without prior notice. Leviton shall use commercially reasonable efforts to provide Authorized Users with Software Service, including to host, manage, operate and maintain the Software Service for remote electronic access by Authorized Users 24 hours per day, 7 days per week, except for: (a) scheduled downtime, (b) service downtime or degradation due to a Force Majeure event, (c) any other circumstances beyond Leviton’s reasonable control, including Authorized User’s use of Third-Party Components, misuse of the hosted services, or use of the Software Service in contravention of this Agreement, or (d) any suspension or termination of Authorized User’s access to or use of the Software Service as permitted by this Agreement. Notwithstanding the foregoing, Leviton does not guarantee any level of uptime for the Software Service and is not liable for any damages allegedly caused by any failure or delay of the Software Service.
9. Service and System Control. (a) Leviton has and will retain sole control over the operation, provision, maintenance and management of Software Service, including the information technology infrastructure used by or on behalf of Leviton in performing the Software Service, including all computers, software, hardware, databases, electronic systems (including database management systems) and networks, whether operated directly by Leviton or through the use of third-party services. (b) Authorized User has and will retain sole control over Authorized User’s own data before it connects with the Software Service, and the operation, maintenance, management, access and use of Authorized User’s information technology infrastructure, including computers, software, output from the Software Service, hardware, databases, electronic systems, networks, in addition to its equipment, components and other devices that feed data to the Software Service, whether operated directly by Authorized User or through the use of third-party services.
10. No Data Back-up. During the term of the Authorized User’s subscription to the Software Service, Authorized User data may be extracted from the Software Service. However, the Software Service does not replace the need for Authorized Users to maintain regular data backups or redundant data archives. Moreover, Leviton may not retain Authorized User data once the Software Service is disconnected, suspended or terminated. LEVITON HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION OR RECOVERY OF CUSTOMER DATA. Authorized User has and will retain sole responsibility for all of its data that is collected or otherwise received, directly or indirectly through the Software Services.
11. Pricing. Prices for the Software Service subscriptions and maintenance fees are subject to change, but changes will not affect any order for Software Service that You have already purchased or registered for during the applicable subscription term. Any Leviton Products, third-party equipment or services required for operative functionality of the Software Services are sold separately and not included in the Inform pricing.
12. Security. Leviton strives to maintain appropriate security protection measures on its systems, network and applications. However, it is not possible to promise that unauthorized third parties will never breach our security measures or access Your information for improper or illegal purposes. By using the Inform Software Services, You acknowledge this possibility and agree that You are providing Your information at Your own risk.
13. DISCLAIMER OF WARRANTY.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SOFTWARE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITATION TO THE FOREGOING, LEVITON PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT (I) THE SOFTWARE OR SOFTWARE SERVICE AND THE INTERNET SERVICE THAT POWERS IT WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SOFTWARE OR SOFTWARE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; AND (III) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU WILL BE CORRECTED. LEVITON DOES NOT REPRESENT OR GUARANTEE THAT THE SOFTWARE OR SOFTWARE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LEVITON DISCLAIMS ANY LIABILITY RELATING THERETO. ALL THIRD-PARTY COMPONENTS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY COMPONENTS ARE STRICTLY BETWEEN THE AUTHORIZED USER AND THE THIRD-PARTY OWNER OF THE THIRD-PARTY COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LEVITON, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR SERVICE PROVIDES, EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ANY WARRANTIES OF NON- INTERFERENCE OR ACCURACY OF INFORMATIONAL CONTENT, OR THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, LEVITON MAKES NO WARRANTY AS TO THE QUALITY OF THE SOFTWARE.  NO LEVITON DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to You. You may also have other rights which vary from country to country.
14. LIMITATION OF LIABILITY. IN  NO  EVENT  WILL  LEVITON  OR  ANY  OF  ITS LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SOFTWARE SERVICE, (c) LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, EXEMPLARY, ENHANCED, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, ARISING IN ANY WAY OUT OF THE SALE OF, USE OF, OR INABILITY TO USE ANY LEVITON PRODUCT OR SERVICE, (d) ANY LOSS, DAMAGE, OR DIMUNITION IN VALUE; (e) CORRUPTION, RECOVERY OF OR FAILURE TO RECOVER DATA, OR BREACH OF DATA OR SYSTEM SECURITY, (f) LOSS OF GOODWILL OR REPUTATION, EVEN IF FORSEEABLE OR IF LEVITON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWTHSTANDING THE FAILURE OF ITS ESSENTIAL PURPOSE OR ANY AGREED OR OTHER REMEDY.  IN NO CASE SHALL LEVITON’S TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE LEVITON PRODUCT, SOFTWARE SERVICE OR SERVICE GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR PURPOSES OF CLARITY, LEVITON IS NOT LIABLE FOR ANY DAMAGES ARISING FROM ANY FAILURE OR DOWNTIME AFFECTING A LEVITON PRODUCT OR SOFTWARE SERVICE RESULTING FROM THE FAILURE OR MALFUNCTION OF A LEVITON SERVICE OR PRODUCT, OR A THIRD-PARTY SERVICE OR PRODUCT USED OR INTEGRATED WITH INFORM OR LEVITON PRODUCTS. LEVITON IS SIMILARLY NOT LIABLE FOR ANY THIRD-PARTY UNAUTHORIZED BREACH RESULTING IN THE ACCESS, DISCLOSURE OR USE OF ANY OF YOUR PERSONAL INFORMATION. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. Any data generated by the Software Service should be verified for accuracy by the Authorized User prior to invoicing a third party.
15. Indemnification.  You agree to indemnify, defend and hold harmless Leviton, its affiliates, and all of their respective officers, directors, employees, agents, authorized representatives, licensors, attorneys, successors, and assigns from and against all claims, proceedings, injuries, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees and litigation expenses, relating to or arising from or relating to Your use or misuse of the Software Service or Your breach of this Agreement.
16. Third-Party Components and Related Consent.  Certain software programs or portions thereof included in the Software Service may contain software (including open source software or components) distributed under third-party agreements (“Third-Party Components”), which contain terms regarding the rights to use certain portions of the Software (“Third-Party Terms”). Any applicable information identifying the copyright holders of the Third-Party Components and the Third-Party Terms will be made available to You, if applicable (“Third-Party Licenses”). Any use of the Third-Party Components by You shall be governed by and be subject to the terms and conditions of the Third-Party Licenses. BY USING THE SOFTWARE, YOU AGREE TO THE THIRD-PARTY TERMS FOR ANY SUCH THIRD-PARTY COMPONENTS AND CONSENT TO THE DISCLOSURE, ACCESS, MONITORING, OR USE OF YOUR DATA SUBMITTED TO LEVITON WHEN REGISTERING FOR THE SOFTWARE SERVICE BY ANY THIRD-PARTY SERVICE PROVIDERS. For more information on the type of data that Leviton will collect from You, visit Inform’s Privacy Policy at https://www.leviton.com/en/solutions/industries/leviton-inform-technology/privacypolicy. Should You wish to revoke such Consent at any time, You may do so by discontinuing use of the Software Service.
17. Warning Concerning Health and Safety Use. The Software Service is designed to be used for non-time-critical information and control of Leviton equipment. The parties acknowledge and agree that the Software Service is intended by Leviton to be used in normal, household and limited commercial circumstances and that the Software is expressly not intended for use, has not been tested for use, and should not be used in applications where health or safety are dependent upon the accurate and timely functioning of the Software Service or in circumstances where a malfunction or error could result in the loss of valuable property. YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
18. Export Law Assurances.  You agree and certify that neither the Software nor any other technical data received from Leviton will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If You have rightfully obtained the Software outside of the United States, You agree that You will not re-export the Software nor any other technical data received from Leviton, except as permitted by the laws and regulations of the United States and the laws and regulation of the jurisdiction in which You obtained the Software. In particular, and without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, You warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by U.S. law, such as the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.
19. Commercial Items. The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government authorized users (a) only as Commercial Items and (b) with only those rights as are granted to all other authorized users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
20. Content and Services. The Software Service may provide You with access to Inform’s web application located at Leviton’s website located at http://www.leviton.com (the "Website") and products and services accessible thereon, and certain features, functionality and content accessible on or through the Software Service are hosted on a third-party cloud service (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Leviton’s Terms of Use (http://www.leviton.com/en/terms) and Inform’s Privacy Policy (https://www.leviton.com/en/solutions/industries/leviton-inform-technology/privacypolicy). Your access to and use of such Content and Services may require You to acknowledge Your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website and Your failure to do so may restrict You from accessing or using certain of the Software Service’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement. By using any third-party services and websites that may be accessible through the Software Service, You acknowledge and agree that Leviton is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials or websites. Leviton does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party services, materials or websites, or for any other materials, products, or services of third parties. Such materials and links to other websites are provided solely as a convenience to You. In addition, third-party services and materials that may be accessed from, displayed on or linked to from Your computer are not available in all languages or in all countries. Leviton makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent You choose to access them, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Leviton reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Leviton be liable for the removal of or disabling of access to any such services. Leviton may also impose limits on the use of or access to certain third-party or Leviton Content or Services, in any case and without notice or liability.
21. Geographic Restrictions.  Your use of the Software may also be subject to other local, state, national or international laws. The Content and Services (as defined in Section 19 above) are based in the United States. You acknowledge that You may not be able to access all or some of the Software Service or Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If You access the Software Service and Content and Services from outside the United States, You are responsible for compliance with local laws.
22. Changes. Leviton reserves the right, in its sole discretion, to make any changes to the Software Service that it deems necessary or useful.
23. Updates. Leviton may from time to time in its sole discretion develop and provide Software Service updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Leviton has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on Your computer settings, when Your computer is connected to the internet either:
    1. The Software Service web application will be automatically updated; or
    2. For the mobile application, You may receive notice of or be prompted to download and install available Updates.
    
    You shall promptly download and install all Updates and acknowledge and agree that the Software Service or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the Software Service and be subject to all terms and conditions of this Agreement.
24. Consent to Collection and Use of Your Information. You acknowledge that when You register for, purchase, install, use or download data from the Software Service, Leviton may use automatic means (including, for example, data analytics) to collect information about Your use of the Software, including but not limited to technical data and related information about Your Computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Software Service.  Leviton may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Software or certain of its features or functionality. All information we collect through or in connection with the Software Service is subject to the Inform Privacy Policy (https://www.leviton.com/en/solutions/industries/leviton-inform-technology/privacypolicy). By purchasing, accessing, using and providing information to or through this Software Service, You consent to all actions taken by us with respect to Your information in compliance with our Privacy Policy.
25. Force Majeure. In no event will Leviton be liable or responsible to the Authorized User, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by any circumstances beyond Leviton’s reasonable control (a "Force Majeure Event"), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation, or other third-party service provider failure which causes failure of the Software Service.
26. Disputes. This Agreement and its license will be governed by and construed in accordance with the laws of the United States and the State of New York, without regard to or application of its choice of law rules or principles. You agree that any legal proceeding concerning Your use of the Software Service or the interpretation or enforcement of this Agreement shall be brought only in the state or federal courts for Suffolk County, in the State of New York, and You consent to the personal jurisdiction of such courts over You. In any such action or proceeding, the substantially prevailing party shall be entitled, in addition to any other appropriate remedies, to recover its costs and expenses, including attorney fees, incurred in the pursuit or defense of its rights, whether prior to or at trial or on appeal. ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF USE OF THIS SOFTWARE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. YOU AND LEVITON WAIVE THEIR RIGHTS TO A JURY TRIAL AND PARTICIPATION IN CLASS ACTION LITIGATION. You acknowledge that any breach, threatened or actual, could cause irreparable injury to Leviton that is not quantifiable in monetary damages. You agree that Leviton shall be entitled to seek and be awarded an injunction or other appropriate equitable relief to restrain any breach of Your obligations under this License. Accordingly, You waive any requirement that Leviton post any bond or other security in the event that any injunctive or equitable relief is sought by or awarded to Leviton to enforce any provision of this License.
27. Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
28. Miscellaneous. No joint venture, partnership, employment, or agency relationship exists between You and Leviton as a result of this License or arising out of Your use of the Software Service. Leviton’s failure to insist upon or enforce strict performance of any provision of this License shall not be construed as a waiver of any provision or right under this Agreement or at law. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Leviton may assign its rights and duties under this Agreement to any party and at any time, without notice to You. Headings herein are for convenience only.
29. Legal Effect. This Agreement describes certain legal rights. You may also have other rights under the laws of Your state or country. This Agreement does not change your rights under the laws of Your state or country if the laws of Your state or country do not permit it to do so.
30. 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.
31. Complete Agreement. This Agreement constitutes the entire agreement between the parties along with Inform’s Privacy Policy (https://www.leviton.com/en/solutions/industries/leviton-inform-technology/privacypolicy) and the Website Terms of Service (http://www.leviton.com/terms), with respect to the use of the Software Service and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter.

The Software and Software Service is protected by United States copyright law and international treaty.  Unauthorized reproduction or distribution of the Software or the Software Service is subject to civil and criminal penalties. Any questions, complaints or claims with respect to the Software or this Agreement may be addressed to: Leviton Manufacturing Co., Inc., Attn: Legal Department, 201 N. Service Road, Melville, NY 11747, or at  dssupport@leviton.com.

Leviton Manufacturing Co., Inc. © 2019 All rights reserved.