End User License Agreement (EULA)

Order of precedence

If you have a separate written agreement with Jensen Applied Sciences LLC (DBA JAS Monitoring), such as a signed pilot, partner or service agreement, or a quote you have accepted in writing, that agreement controls wherever it differs from this document.

This End User License Agreement ("EULA") is a legal agreement between you (the "End User") and Jensen Applied Sciences LLC (DBA JAS Monitoring) for the JAS Remote Monitoring Software ("Software"). By accessing or using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms of this EULA. Your use of the Software is also subject to our Terms of Service.

1. Grant of License

Following the establishment of a business relationship with JAS Monitoring, we grant you a non-exclusive, non-transferable, limited license to access and use the Software to monitor equipment and machines that you own or operate, or that you service for your own customers under a written partner or pilot agreement with JAS Monitoring. You may not:

• 1.1 Sublicense or distribute the Software to any third party, except that a partner may give its own customers access to view their equipment where its written partner agreement allows it.
• 1.2 Modify, reverse engineer, decompile, or disassemble the Software.
• 1.3 Use the Software for any illegal or unauthorized purpose.

2. Software Ownership

The Software and all intellectual property rights therein are and shall remain the exclusive property of JAS Monitoring. The Software is protected by copyright, trademark, and other intellectual property laws.

3. Data Privacy

You own the Customer Data collected through the Software, as described in Section 6 (Your Data and Privacy) of our Terms of Service. We collect and use personal information only in accordance with our Privacy Policy.

4. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL FUNCTION WITHOUT INTERRUPTION OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

5. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Term and Termination

This EULA commences upon your first access to the Software and continues until terminated. You may terminate this EULA by ceasing to use the Software. We may terminate this EULA at any time for any reason, with or without notice. Upon termination, you shall cease all use of the Software.

7. Governing Law

This EULA shall be governed by the laws of the State of Minnesota, without regard to its conflict of laws principles.

8. Entire Agreement

This EULA, together with our Terms of Service and any separate written agreement between you and JAS Monitoring (such as a signed pilot, partner or service agreement, or a quote you have accepted in writing), makes up the entire agreement regarding the Software. Where a separate written agreement differs from this EULA, the separate written agreement controls.

9. Severability

If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

10. Updates to this EULA

We may update this EULA from time to time. Your continued use of our Services after the revised EULA is posted constitutes your acceptance of the revised EULA.

11. Waiver

No waiver of any breach of this EULA shall constitute a waiver of any other breach or any right hereunder.

12. Contact Us

If you have any questions about this EULA, please contact us at Team@JensenAppliedSciences.com.