Suppression Design Center Supplemental Terms and Conditions
These Suppression Design Center Supplemental Terms and Conditions (these “Supplemental Terms”) are supplemental terms for and apply solely to the following Service: Suppression Design Center. These Supplemental Terms are part of and supplement the JCI Terms of Service (the “Terms of Service”) between JCI and you (as defined in the Terms of Service) available at http://www.johnsoncontrols.com/buildings/legal/digital/generaltos.
To the extent there is any conflict between these Supplemental Terms and the Terms of Service, the terms of these Supplemental Terms will control. The terms and conditions of the Terms of Service that are not modified or amended by these Supplemental Terms will remain in full force and effect and remain applicable to the Service. Capitalized or otherwise defined terms not defined in these Supplemental Terms have the meaning given to them in the Terms of Service
- Supplemental Terms.
- Contracting Entity.
The Service is offered by Tyco Fire Products LP. As used in this Agreement, including, these Supplemental Terms and the Terms of Service, JCI shall mean Tyco Fire Products LP.
- Service Access; Authorized Users; Account Information.
The Service is available at www.suppressiondesigncenter.com. To access the Service, you or your system administrator must submit an accurate and complete registration request through the Service authorization portal located at www.suppressiondesigncenter.com/sdcregistration/register.php. Authorized Users of the Service shall be determined as follows: (i) if JCI grants you an admin account for the Service, you may create non admin accounts for your employees up to the maximum number of individuals permitted by JCI (as noted in your access grant communication), and you and each such individual are an “Authorized User”; or (ii) if JCI grants you an non Admin account for the Service, you are the “Authorized User”. Each Authorized User may access the Service utilizing a user name and password (“Account Information”). You will not permit any other person to use your account. By creating or logging into an account, you represent and warrant that you are an Authorized User. If you are an employer, you will ensure that all of your Authorized Users comply with the terms of this Agreement, including the Terms of Service and these Supplemental Terms, and you will be jointly and severally liable for all actions of Authorized Users related to their access or use of the Service, and any failure by such Authorized Users to comply with the terms of this Agreement will constitute a breach by you; further, you will promptly notify JCI if you discover any possible misuse, loss, or disclosure of your or your Authorized Users’ Account Information. JCI reserves the right to restrict who is eligible for an account.
- Trial Deployment; Termination.
Unless otherwise set forth in your Order or Subscription Agreement, (i) access to the Service is offered by JCI on a free, trial basis and (ii) JCI may terminate your right to access and use the Service at any time and for any reason. If you enter into an Order or Subscription Agreement subscribing to a for-pay version of the Service, the terms of such Order or Subscription Agreement shall control over these Supplemental Terms.
- Service Limitations; Restrictions; Limited Warranty
- The Service is an estimation and support tool to facilitate your process of designing your applicable fire suppression system (the “System”). The estimation performed by the Service is wholly reliant on the data input of a knowledgeable designer who has been trained on the Service inputting accurate and correct data for the System. The Service does not design your System for you. As the designer of the System, you are responsible for: [a] determining that the Service is appropriate for the application for which it is used; [b] the design and deployment of the System, including compliance with the applicable law, rule, regulation, ordinance or safety standards; and [c] your work in designing the System, including the accuracy of the data you submit to the Service as part of your designing of the System; You represent that you and your employees have substantial experience in designing and installing engineered fire suppression systems. In no event will JCI be liable to you or your customers for any failure of the Service to assist you in designing an adequate fire suppression system in any amount over and above the limitation of liability set forth in the Terms of Service.
- The limited warranty set forth in the Terms of Service is hereby deleted and replaced with the following:
THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, DISTRIBUTORS, AND VENDORS (THE “JCI PARTIES”) MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, TRIAL SERVICES, SOFTWARE, THIRD PARTY SOFTWARE AND ANY DATA, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICES OR TRIAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY THAT: (I) THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, TRIAL SERVICES, SOFTWARE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), FREE OF HARMFUL COMPONENTS, TIMELY OR SECURE; (III) THE SERVICES, TRIAL SERVICES, OR SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE NOT EXPLICITLY SPECIFIED IN THE DOCUMENTATION, OR THAT DEFECTS IN THE SERVICES, TRIAL SERVICES OR SOFTWARE WILL BE CORRECTED; (IV) THE SERVICES, TRIAL SERVICES, SOFTWARE OR THIRD PARTY SOFTWARE ARE IN COMPLIANCE WITH APPLICABLE LAW, RULES, OR REGULATIONS; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JCI OR ANY OF ITS PERSONNEL OR AGENTS WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF JCI’S OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY TO YOUR SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
In addition to any indemnification obligations set forth in the Terms of Service:
You shall indemnify, defend and hold harmless JCI, its subsidiaries, parent and affiliate entities, shareholders, agents, employees, servants, representatives, invitees, directors, and officers from and against any and all losses, damages, claims, demands, costs, expenses, suits and liabilities, including but not limited to attorney's fees and costs of litigation, whether or not a lawsuit or other proceeding is filed, that arise from injuries or death to persons or damage to property caused by your or your Authorized Users use of this Service, including your design of the System.