IQANconnect EULA

END USER LICENSE AGREEMENT (EULA)

IMPORTANT: PLEASE READ CAREFULLY

Your use and that of your organization and its officers, employees, and agents (collectively “You” or “Your”) of this software, software as a service or other subscription, application or program (“Software”) provided by Parker Hannifin Corporation or its affiliates (“Parker”) and any user interfaces, descriptions, data, and/or any other information in any media or form whatsoever including user manuals or other documentation, drawings, specifications, certifications, tests and test results, catalogues and other promotional materials, data, images, sound recordings, multi-media and other presentations or materials (“Information”) which you may access in or using the Software is subject to the following terms and conditions and to the Safety Guide, Authorized User Responsibility Statement, Offer of Sale, Privacy Policies, Terms of Use, and other terms and conditions posted on www.parker.com (collectively “Terms and Conditions”). Please carefully read these Terms and Conditions and indicate your acceptance below. If You do not wish to accept these Terms and Conditions, You are not permitted to use the Software or the Information.

Terms and Conditions

1. WARNING. YOU ARE STRONGLY ADVISED TO EXERCISE CAUTION IN YOUR USE OF THE SOFTWARE AND INFORMATION AND ANY RESULTS OR OUTPUT GENERATED THEREBY. IMPROPER USE OF ANY OF THE SAME CAN CAUSE DEATH, PERSONAL INJURY, AND PROPERTY DAMAGE. YOU ARE SOLELY RESPONSIBLE FOR HOW THE SOFTWARE AND INFORMATION, AND ANY RESULTS OR OUTPUT THEREOF, ARE USED AND FOR PREVENTING ANY DAMAGE TO ANY USER OF ANY MATERIAL, COMPONENT, OR SYSTEM SELECTED, SPECIFIED, OR DESIGNED THEREWITH OR TO ANY OF YOUR EMPLOYEES, AGENTS, CUSTOMERS, OR ANY OTHER PERSONS ARISING OUT OF ANY USE OR MISUSE OR ALTERATION OF THE SOFTWARE OR INFORMATION, OR ANY RESULTS OR OUTPUT THEREOF WHETHER OR NOT INTENTIONAL, INCLUDING ANY ERROR, OMISSION, MISSTATEMENT OR DELETION IN OR OF THE SOFTWARE OR INFORMATION, OR THE RESULTS OR OUTPUT THEREOF.

2. The Software and Information may be updated, obsoleted, or otherwise changed by Parker at any time without notice, and You are solely responsible for maintaining the Software and Information current in Your permitted uses thereof.

3. Copyright. The Software and Information are protected by copyright, and are owned exclusively by Parker-Hannifin Corporation, 6035 Parkland Boulevard, Cleveland, OH 44124, and/or its subsidiaries, affiliates and third party licensors. Nothing in the Terms and Conditions constitutes a waiver of Parker’s rights under U.S. or international copyright laws or any other international, federal or state law. Parker retains all rights not expressly granted under the Terms and Conditions.

4. Grant of License. Parker hereby grants to You the end user, subject to the Terms and Conditions, a personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and limited license to use the Software and Information for Your own internal use and only for the purpose of conducting business with Parker or utilizing the services of Parker. Any attempt otherwise to sublicense, assign, or transfer any of the same or rights hereunder shall be null and void. Any reproduction or redistribution of the Software not in accordance with the Terms and Conditions is expressly prohibited. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE OR INFORMATION TO ANY OTHER SERVER OR LOCATION OR MEDIA FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

5. Ownership. Except for any portions of the Software or Information owned or controlled by Parker’s third party licensors, Parker retains the ownership of the Software and Information, and any and all copies thereof. In no event shall You obtain any greater right in and to the Software and Information than a right in the nature of a license limited to the use thereof subject to compliance with all of the Terms and Conditions. As to any Open Source Software or other portions of the Software or Information owned or controlled by Parker’s third party licensors, such portions may be subject to terms separate from or in addition to the Terms and Conditions. Any such terms are transferred rather than sublicensed to You. A copy any such terms may be appended to the Terms and Conditions or may be included in documentation provided with any hardware supplied by Parker that enables You to utilize the Software or Information.

6. Prohibited Uses. You shall not:
(a) Use, copy, modify, or merge copies of all or any part of the Software and Information, or any portion, feature, function or user interface thereof;
(b) Reverse engineer, disassemble, reverse translate, decrypt, or in any manner decode any part of the Software and Information;
(c) Except to your affiliates or customers expressly authorized by Parker, sell, license, assign, rent, sublicense, lease or otherwise transfer in any way all or any part of the Software and Information;
(d) Remove any proprietary notices, labels, or other markings on, in, or from the Software and Information, or frame or mirror any part of the Software;
(e) Access, transmit, or store infringing, libelous, or otherwise unlawful or tortious material or material in violation of third party privacy rights, or malicious code, or interfere with, or disrupt the integrity or performance of any Parker services, systems, or networks, or any data contained therein;
(f) Attempt to gain or permit unauthorized access to any Parker services, systems, or networks, or use any such services, systems or networks in a way that circumvents a contractual usage limit, or for purposes of competing with Parker.

7. Term. This license and Your right to use the Software and Information shall automatically terminate if You fail to comply with any of the Terms and Conditions. Parker may at any time, without prior cause or notice, and in its sole discretion: (a) modify, update, obsolete, revise, alter, change, withdraw, or cancel the Software and Information or any module or other functionality thereof; (b) terminate the license herein granted and/or Your use of or access to the Software and Information or any module or functionality thereof; and/or (c) modify the Terms and Conditions. The Software and Information shall be removed from Your systems and devices, and any access thereof shall be immediately terminated upon termination of the license herein granted regardless of which party is the terminating party.

8. WARRANTY DISCLAIMER. THE SOFTWARE AND INFORMATION, AND ANY RESULTS OR OUTPUT THEREOF, ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PARKER DOES NOT WARRANT THAT THE SOFTWARE AND INFORMATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF SOFTWARE WILL BE UNINTERRUPTED, FAULT-TOLERANT OR VIRUS OR ERROR FREE, OR THAT ANY INACCURACIES OR ERRORS IN, OR FAILURES OF, THE SOFTWARE AND INFORMATION WILL BE CORRECTED, AND PARKER SHALL HAVE NO OBLIGATION TO CORRECT ANY SUCH INACCURACIES, ERRORS, OR FAILURES OR TO UPDATE OR OTHERWISE MAINTAIN THE SOFTWARE AND INFORMATION. YOU AGREE AND ACKNOWLEDGE THAT THE SOFTWARE SHALL NOT BE USED IN CONNECTION WITH THE OPERATION OF NUCLEAR FACILITIES, AEROSPACE SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT, OR MEDICAL APPLICATIONS.

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL PARKER, ITS AGENTS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ANY LOSS OF USE OR DATA, LOST PROFITS, LOST SAVINGS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF EITHER THE USE OR INABILITY TO USE THE SOFTWARE OR INFORMATION, OR ANY RESULTS OR OUTPUT THEREOF, EVEN IF PARKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RATHER, YOU THE USER HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PARKER, ITS PARENTS, AFFILIATES, LICENSEES, SUPPLIERS, AND DISTRIBUTORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ALL LIABILITIES, CLAIMS, INCLUDING FOR INFRINGEMENT OF ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT, DAMAGES, JUDGMENTS, LOSSES, AWARDS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SOFTWARE OR INFORMATION, AND ANY RESULTS OR OUTPUT THEREOF, OR YOUR BREACH OF ANY WARRANTY OR OTHER PROVISION OF THE TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY APPLICABLE LAW OR REGULATION, OR ANY DAMAGE OR OTHER HARM CAUSED AS A RESULT OF YOUR WILLFUL, RECKLESS OR NEGLIGENT ACT OR OMISSION.

10. Data; Feedback. You grant to Parker a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (i) use, reproduce, backup, store, transfer, maintain, copy, sublicense, adapt, transmit, retransmit, distribute and/or publicly perform or display any and all data and feedback provided or generated by You in connection with the Software, or collected, processed, compiled, or generated by the Software for providing services to You or for improving and enhancing the Software; and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to any such feedback and data. As used herein “feedback" includes feedback, suggestions, improvements, opinions, requests, corrections, comments, opinions or any other form of information or communication, whether oral, written or electronic, provided or generated by You through or concerning the Software.

11. Governing Law. This EULA shall be governed by the laws of the State of Ohio, USA without regard to its conflict of laws rules or principles.

12. Acceptance. Your use of the Software and Information is conditional upon Your acceptance of the Terms and Conditions. If You do not wish to accept the Terms and Conditions, You are not permitted to use the Software or Information.