1. IMPORTANT, PLEASE READ CAREFULLY:
YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS BEFORE PRESSING “I ACCEPT” ON THE DOWNLOAD PAGE OR EXECUTING THE AGREEMENT TO WHICH THIS END-USER LICENSE AGREEMENT (“EULA”) IS ATTACHED. EULA IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND CURB INC., A DELAWARE CORPORATION, AND ITS AFFILIATES (“PROVIDER”) FOR THE PROVIDER’S CURB DEVICE (“DEVICE”), WHICH INCLUDES all APIs, websites, and mobile applications, including all software incorporated therein, used to access and use the Device, and all related users’ guides and documentation provided by Provider (collectively, the “Provider IP”). BY INSTALLING, COPYING, OR OTHERWISE USING THE PROVIDER IP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL, COPY, DOWNLOAD, ACCESS, OR USE THE PROVIDER IP. IF YOU DO NOT AGREE, CLICK “DISAGREE/DECLINE” AND/OR REFRAIN FROM INSTALLING, COPYING, DOWNLOADING, ACCESSING, OR USING THE PROVIDER IP. YOU AGREE THAT YOUR USE OF THE DEVICE AND THE PROVIDER IP ACKNOWLEDGES THATYOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
BY INSTALLING OR ACCESSING THE DEVICE OR PROVIDER IP, YOU AGREE TO BE BOUND TO AND COMPLY WITH THE TERMS OF SERVICE AND PRIVACY POLICY LOCATED AT THE LINKS BELOW, AS AMENDED FROM TIME TO TIME BY PROVIDER IN ITS SOLE DISCRETION:
Terms of Service
Privacy Policy
The Terms of Service and Privacy Policy are hereby incorporated herein by this reference. To the extent there is a conflict between the Terms of Service and/or the Privacy Policy, the terms set forth in the Terms of Service and/or Privacy Policy shall control.
2. OWNERSHIP
It is hereby understood and agreed that Provider is the owner of all right title and interest to the Device and Provider IP,regardless of the media or form of the original download or how it wasotherwise made available to you. You, as licensee (“Licensee” or “End-User”) through your downloading, installing, copying, access, or use of this product do not acquire any ownership rights to the Provider IP.
3. GENERAL
The Provider IP is licensed, not sold, to you by Provider for use only under the terms of this EULA. The Provider IP is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to Provider’s and its licensors’ intellectual property rights in the Provider IP and do not include any other patents or intellectual property rights. The terms of this EULA will govern any software upgrades provided by Provider that replace and/or supplement the original Device or Provider IP, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
4. THE PRODUCT
The “Product,” as used in this EULA, means, collectively and/or as applicable:
1. The Provider IP and the Device;
2. Any and all contents, components, attachments, software, media, and code with which this Agreement is provided;
3. The user interface, and any and all images, photographs, art, art work, clip art, fonts or other artistic works (the “Art Work”);
4.Related explanatory written materials and instructions, manuals, and any other possible documentation related thereto (“Documentation”); and
5.Upgrades, modified versions, updates, additions and copies of the Product (the “Upgrades”), if any, licensed to by Provider to the End-User under this EULA.
5. GRANT OF LICENSE AND RESTRICTIONS
A. Provider grants you a nonexclusive, nontransferable end-user license right to install and use the Product on your personal computer and/or personal mobile device.
B. Unless provided otherwise in the Documentation or by prior express written consent of Provider, you shall not display, modify, reproduce and distribute any Art Work, or portion(s) thereof, included with or relating to the Product, if any, and, if so authorized in the Documentation or by prior express written consent of Provider, such display, modification, reproduction, or distribution must be made in strict accordance with the Documentation or the instructions provided by Provider. Under no circumstances will your use, display, modification, reproduction and distribution of the Art Work give you any intellectual property or proprietary rights of the Art Work whatsoever. All rights, title, and interest belong solely to Provider or its licensors.
C. Except for the initial installation and loading of the Device, and the software components of the Product on your personal computer or personal mobile device, you shall not, without Provider’s express written consent:
1. Copy or reproduce the Product;
2. Electronically transfer the software components of the Product through a LAN (local area network) or other network system or “bulletin board” systems; or
3. Modify, adapt, or create derivative works based on the Product or any accompanying materials.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. From time to time, at Provider’s sole discretion, Provider may provide you with support services related to the Product (“Support Services”). Provider reserves the right to alter, suspend, and terminate the Support Services at anytime and for any reason. Use of Support Services is governed by this EULA and Provider’s policies, guidelines, and instructions.
B. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Product and subject to the terms and conditions of this EULA.
C. Provider (or its licensors) retains all right, title, and interest in and to the Product, and any rights not granted to you herein are reserved by Licensor. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Product, or otherwise attempt to derive the source code of the Product, except to the extent allowed under applicable law. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to Provider and shall be deemed the confidential information of Provider.
D. You shall not modify, sub-license, assign, or transfer the Product or any rights under this EULA, except as expressly provided in this EULA or any definitive agreement between you and Provider. Any attempt to other sub-license, assign, or transfer any of the rights, duties, or obligations will be void.
E. You may permanently transfer all of your rights under this EULA to a subsequent owner of the property to which the Curb Device is installed, provided you obtain Provider’s prior written consent and retain no copies, you transfer all of the Product (including all component parts, the media and printed materials, any upgrades, this EULA, and all modifications and portions of the program contained or merged into other provisions). The other party must agree to accept the terms and conditions of the EULA and assume all obligations of the End-User hereunder.
F. All data generated by the Product shall be the sole and exclusive property of Provider. You shall have access to such data and are hereby granted a license by Provider to access and use such data solely to monitor your residential energy usage. You agree that Provider may share all data disclosed by you or generated by the Product to any current or subsequent owner of the property to which the Device is installed, to management of the property to which the Device is installed, or to any utility which may be affected by your personal energy usage.
7. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY PROVIDER
Reserved by Provider.
8. TERM
A. This EULA is effective until terminated. The term and termination provisions set forth in the Policies shall apply to this Agreement, except as otherwise set forth in a definitive agreement between the End-User and the Provider. The End-User may terminate it at any time by returning the Device to Licensor and destroying the remaining components of Product with all copies, full or partial, and removing all of its component parties, including by deleting all access to the Product from your personal computer and personal mobile devices, and all other electronic devices possessed or controlled by you.
B. Your rights under this EULA will terminate automatically without notice from Provider if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by Provider to effect such termination.
C. Upon termination of this EULA, you shall cease all use of the Product and return the Device to the Provider and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Product.
9. INTELLECTUAL PROPERTY RIGHTS
A. Provider (or its licensors) shall retain all right, title, and interest in the Product and to any modifications or improvements made thereto, and any upgrades, updates or Documentation provided to End-User. End-User will not obtain any rights in the Product, its updates, upgrades, and Documentation, as a result of its responsibilities hereunder.
B. End-User acknowledges Provider’s exclusive rights in the Product and that the Product is unique and original to Provider (or its licensors) and that the Provider (or its licensors) is the owner thereof. Unless otherwise permitted by law, the End-User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, Provider’s (or its licensors’) exclusive right and title to the Product or the validity thereof.
C. End-User shall not attempt to develop any Product that contains the “look and feel” of any component of the Product.
10. EXPORT LAW ASSURANCES
You may not use or otherwise export or reexport the Product except as authorized by United States law and the laws of the jurisdiction in which the Product was obtained. In particular, but without limitation, the Product may not be exported or reexported (a) into (or to a nation or resident of) 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 installing or using any component of the Product, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
11. DISCLAIMER OFWARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE SET FORTH IN A DEFINITIVE AGREEMENT BETWEEN PROVIDER AND YOU, THE PRODUCT IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR AN AUTHORIZED REPRESENTATIVE OF PROVIDER SHALL CREATE A WARRANTY UNLESS EXPRESSLY AGREED BY PROVIDER. SHOULD THE PRODUCT PROVED EFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, EXCEPT AS OTHERWISE PROVIDED BY PROVIDER IN ANY APPLICABLE SUPPORT AND MAINTENANCE AGREEMENT OR POLICY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PROVIDER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OFTHE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT, PROVIDER’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.