RainSoft Remind

END USER LICENSE AGREEMENT

1. READ THIS:

You should carefully read the following terms and conditions before using the RainSoft Remind software application (Program) by Aquion, Inc. BY LOGGING IN AND/OR OTHERWISE USING THE PROGRAM, YOU ACCEPT THESE TERMS AND CONDITIONS AND UNDERSTAND THAT THEY ARE LEGALLY BINDING.  If you do not agree with these terms and conditions, or you do not want them to be binding on you, you should promptly delete the Program from your hardware and devices.

2. OWNERSHIP

It is hereby understood and agreed that Aquion Inc., with offices at 2080 E. Lunt Avenue, Elk Grove Village, IL 60007 (Licensor) is the owner of all right title and interest to the Program, which is downloadable from the Apple iTunes App Store and/or other online locations, and all subsequent copies thereof, regardless of the media or form in which the original software or copies may exist. You (Licensee), through your purchase and/or use of the Program, do not acquire any ownership right, title or interest to the Program.

3. LICENSE

In consideration of the rights and promises made herein, Licensor hereby grants Licensee a nonexclusive right to install and use the Program in accordance with the terms and conditions herein.  Licensee shall not copy the program into any machine-readable or printed form except for archival or for backup purposes, nor shall Licensee modify the Program and/or merge it into another computer program.  Licensee agrees not to reverse engineer, decompile, disassemble, or otherwise alter the program in any way.  Licensee further agrees not to modify, adapt, or create derivative works based on the Program or any accompanying materials.  All rights not expressly granted are hereby reserved by Licensor. Licensee may transfer the Program and this license to another party only if the other party agrees to accept the terms and conditions of this Agreement.

4. TERM

The license is effective as long as the Program is installed on a device owned by you.  This license will terminate if Licensee fails to comply with any term or condition of this Agreement. In such event, no notice shall be required by Licensor to effect such termination, and Licensee shall immediately delete all copies of the Program from devices under Licensee’s control, with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to Licensor at Licensee’s expense.

5. UPDATES

Licensor may periodically update the Program, and said updates may be automatically installed on your device(s).  Licensor provides no warranty or guarantee of any kind with respect to any version of the Program that is not the latest version.

Licensor reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion. You agree that such changes and modifications may be made solely by posting the revised Agreement on the same web page as this Agreement is displayed and indicating at the top thereof the date such document was last updated. You expressly agree to such form of notification of changes and modifications and waive any right to receive individual notice of such changes or modifications. Any changes or modification will be effective immediately upon posting of the revisions on the web page. Your continued use of the Program following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should review this Agreement regularly in order to determine if such terms, policies or guidelines have changed and to understand the terms and conditions and the policies and guidelines that apply to your use of the Program. If you do not agree to the amended terms, you must stop using the Program and delete it from your devices.  Licensor may from time to time choose to provide you with additional forms of notice of changes and modifications beyond what is required under this Agreement. However, you acknowledge and agree that providing such additional forms of notice in some instances does not require that such additional forms of notice be given in other instances.

6. ACCOUNT REGISTRATION

In consideration of your use of the Program, you agree to (a) provide accurate, current and complete information during the registration process; (b) maintain and promptly update your registration data, and any other information you provide to Licensor, to keep it accurate, current and complete; and (c) accept all risks of unauthorized access to your registration data and any other information you provide to Licensor.

7. LIMITED WARRANTY

THE PROGRAM IS PROVIDED TO YOU FREE OF CHARGE.  ACCORDINGLY, THE PROGRAM IS PROVIDED “AS IS”, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.

IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES WHATSOEVER ARISING FROM OR RELATING TO THE PROGRAM, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

The entire risk as to the quality and performance of the Program is with you. Should the Program prove defective, you (and not Licensor) assume the entire cost of all necessary servicing, repair, or correction.

The Program is intended for use with an Aquion water filtration product (Product) manufactured as an original equipment manufacturer (OEM) for and sold by a third-party.  Licensee agrees that Licensor is not responsible for any damage caused to or by the Product that communicates with the Program, including damage caused by any Product manufactured by Licensor.

If your state does not allow the exclusion of implied warranties, the above exclusion(s) does not apply to you.

8.  INDEMNIFICATION

You agree to defend, indemnify and hold harmless Licensor, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Program in connection with the Product, including without limitation any actual or threatened suit, demand or claim made against Licensor and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the use of the Program with the Product, your violation of these Terms of Use or your violation of the rights of any third party.

9. MISCELLANEOUS

If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

This Agreement shall be governed by the laws of the State of Illinois. All disputes hereunder shall be resolved in the applicable state or federal courts of Illinois. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs.

You may not assign this Agreement or any of your rights under this Agreement without the prior written consent of Licensor and any attempted assignment without such consent shall be void.

This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements, oral or written, between the parties, and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict therewith.

10. QUESTIONS

All questions concerning this Agreement may be directed to Aquion Inc.  Please call Customer Service at 1-800-860-7638.

LICENSEE HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.