Software License Agreement

Agave ISY Controller End-User License Agreement (EULA)

Please also refer to the Privacy Policy.

Last updated: December 31, 2018

EIP LLC is pleased to provide you with the Agave ISY Controller mobile application. Please read this end-user license agreement, carefully before accessing or using Agave, as this EULA governs your use of the Agave app.

Agreement

This End-User-License Agreement (this “Agreement”) is a legal contract between you as an individual or an Entity (as defined below), and EIP LLC. EIP LLC is solely responsible for Agave.

Agave ISY Controller (this “software”) is licensed to you under this agreement, not sold to you. By downloading, installing, paying for an in-app purchase, or otherwise accessing or using Agave, you acknowledge that you have read this agreement, that you understand it, and that you accept and agree to be bound by its terms. If you are accepting this agreement on behalf of a company, organization, educational institution, or agency, instrumentality or department of a government (an “Entity”) as its authorized legal representative, then you represent and warrant that you have the power and authority to bind such entity to these terms, and references to “You” herein refer to both you, the individual end user, and the entity on whose behalf you are accepting this agreement.

If at any time you are not willing to be bound by the terms of this agreement, you should terminate the download and/or installation process, or otherwise uninstall the software and immediately cease and refrain from accessing or using the software. This agreement, along with any additional terms or policies incorporated herein by reference, represents the entire agreement between you and EIP LLC concerning the software, and this agreement supersedes and replaces any prior proposal, representation, or understanding you may have had with EIP LLC relating to the software, whether orally or in writing.

Scope of License

A 30-day-temporary “All Access Pass” license is granted to you for evaluation of Agave. To make use of the evaluation license, you must enable Data tracking access in Agave. You are encouraged to try all desired features of Agave so you can ensure that it meets your needs prior to purchase. Upon expiry of the evaluation license, your ability to control your ISY using Agave will immediately cease unless you opt to purchase a paid license.

You may purchase a license which grants you “base package” access to Agave or access to add-on Agave features. Upon such purchase, you are granted a non-transferable license to use the purchased Agave features on on the platform where it was purchased.

For purchases using the Apple App Store, this means the license grants access on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Store Terms of Service, only by the account that was used to purchase Agave.

For purchases using Google Play, this means the license grants access on any device that you own or control that is compatible with the Google Play Android app, only by the accout that was used to purchase Agave.

A license to access the Family Access Manager feature may be purchased conditional on your having already purchased a one-time-purchase Agave license (that is, subscription licenses are not eligible for this upgrade). If purchased, a Family Access Manager license grants access on a single Apple-branded product or Android device with the Google Play Android app. For as long as the “base package” is in good standing (that is, not otherwise revoked or refunded), the Family Access Manager license holder can generate a code and PIN to share with any individual that has a mobile device compatible with Agave. The code and PIN may be disabled on the device and then transferred to another individual/device.

As of this writing, in-app purchases are not compatible with “family sharing” features in either the Google Play store or the Apple Store, therefore purchased “base package” licenses in Agave are not available for access by other accounts associated with the purchaser via Family Sharing on either platform.

Maintenance and Support

EIP LLC is solely responsible for providing any maintenance and support services with respect to Agave. You must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Agave.

Warranty

Agave is provided without warranty, express or implied. You should make use of the extensive free trial to ensure that Agave is suitable for your needs prior to purchase. In the event of any failure of Agave to conform to your expectations, you may notify Apple, and Apple may choose to refund the purchase price for Agave. To the extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to Agave, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

Product Claims

You acknowledge that EIP LLC, not Apple, is responsible for addressing any claims of you or any third party relating to Agave or your possession and/or use of Agave, including, but not limited to: (i) product liability claims; (ii) any claim that Agave fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, as permitted by applicable law.

Intellectual Property Rights

You acknowledge that, in the event of any third party claim that Agave or your possession and use of Agave infringes that third party’s intellectual property rights, EIP LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance

You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address

Any questions, complaints, or claims with respect to Agave should be directed to

support@agaveha.com

www.agaveha.com

EIP LLC
3155 Bluestem Dr. #377
West Fargo, ND 58078</address>

Third Party Terms of Agreement

You must comply with applicable third party terms of agreement when using Agave. For example (but not limited to these examples), you must not be in violation of your wireless data service agreement or any terms for use of your Universal Devices ISY device or the Universal Devices ISY Portal.

Third Party Beneficiary

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms, and that, upon your acceptance of the terms and conditions contained herein, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof.