
System Manager AK-SM - End User License Agreement and Disclaimer

Please review the End User License Agreement and Disclaimer which apply for all your use.

1. License
This end user license agreement and disclaimer (Agreement) is entered between Danfoss A/S or one of its Affiliates (each of which is referred to as Danfoss) and you as an end user (You). In this Agreement Affiliate shall mean an entity directly or indirectly controlled by Danfoss A/S whether by shares or voting rights.

Upon acceptance of this Agreement Danfoss grants You a limited, non-exclusive, non-transferable, royalty-free, worldwide license (License) to install and use the System Manager AK-SM (Application), for Your use in any system that You own or control. The License is granted subject to Your compliance with the terms of this Agreement, and  if you have downloaded the application from a Danfoss webpage - Danfoss Terms of Use (available at www.Danfoss.com).

This Agreement also applies for any upgrade, patch or update (Update) of the Application which you perform. Any such Update can include updated terms of this Agreement which will also apply.

2. Proprietary Rights
The Application contains proprietary information which is owned by Danfoss and protected by applicable intellectual property rights. Except as expressly permitted herein, such Danfoss proprietary information may not 
i. be used for any purpose except in compliance with this Agreement,
ii. be copied or reproduced in any form, or
iii. be modified, rented, leased, sold, distributed or exploited commercially.

The Danfoss name, Danfoss logo and other Danfoss trademarks, graphics and logos are trademarks or registered trademarks of Danfoss or its Affiliates. You are not granted any right or license with respect to such trademarks.

3. Data
Where the Application communicates with a Danfoss managed network or cloud, You allow such data that is communicated by the Application to be processed by Danfoss. Danfoss will process such data as intended by the Application and is entitled to use the data as set out herein, provided that any Customer identifying part of the specific data is removed (i.e. specific address, location or name etc), so that the data cannot be associated with You, the user or the owner of the system manager from which the data derive from. Danfoss right of use for such de-identified data includes but is not limited to: creation of industry-wide comparisons, case studies, sales presentations, software demonstrations, improvement of analytics, troubleshooting, research and development with third parties, sale of raw data, etc.

Nothing in this Agreement restricts or limits Danfoss right to stop or change the Danfoss managed network or cloud.

4. Third Party Components
The Application may include certain third party software components ("Third Party Components") including open source and free software components, each of which has its own copyright and its own license conditions ("Third Party License"). A list of included Software Components and their respective licenses can be accessed via the local screen interface of the system manager product.

To the extent any Third Party License grants You rights to use, copy or modify the Third Party Components that are broader or narrower 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 Third Party Components.

5. Disclaimer of Warranty
The License is provided on an as is and as available basis for the intended purposes as determined by Danfoss only and any use hereof is at Your sole risk. Any advice, results or information generated by the Application cannot substitute technical advice but must be verified by You, they are not promises and should not be relied on as accurate data or analyses.

Danfoss disclaims all warranties and conditions regarding the Application, 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 expressly disclaim any loss which could have been avoided by you applying an Update of the Application, which Danfoss has made available. Danfoss does not warrant that the Application will meet Your requirements or that the operation hereof will be uninterrupted or error-free.

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 Application.

7. Miscellaneous
Danfoss is entitled to terminate this agreement upon Your breach of any of the terms of this Agreement.

This Agreement and the License is subject to the substantive law of Denmark. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts in Denmark.



January 2020, Version 1

