OB Airwall Product Specific Supplemental Terms

These Product Specific Supplemental Terms (these “Terms”) are product specific terms for and apply solely to the following software: OpenBlue Airwall and its successor products (“OB Airwall”). To the extent the OB Airwall is a hosted service, these Product Specific Terms are part of and supplement the JCI General Terms of Service (the “Terms of Service”) between JCI and you (each, as defined in the Terms of Service) available at https://johnsoncontrols.author.jci.com/legal/digital/general-tos. To the extent the OB Airwall is firmware or installed on your systems, these Product Specific Terms are part of an supplement the JCI General End User License Agreement (the “EULA”) between JCI and you (as defined in the EULA) available at https://www.johnsoncontrols.com/legal/digital/general-eula

  1. Conflicts. To the extent there is any conflict between these Terms and the Standard Software Terms, the terms of these Terms will control. The terms and conditions of the Standard Software Terms that are not modified or amended by these Terms will remain in full force and effect and remain applicable to the product offering. Capitalized or otherwise defined terms not defined in these Terms have the meaning given to them in the Standard Software Terms.

  2. Product-Specific Supplemental Terms.

    1. Software Sales.
      1. Subscription-based Product. Regardless of whether purchasing through from JCI, through Reseller or as a Managed Service Provider, OpenBlue Airwall is a subscription-based product offering. All OpenBlue Software provided hereunder is provided solely for the duration of the Subscription Term. OpenBlue Airwall is not offered as perpetually licensed software.
      2. On Prem Subscription Licenses. On-premise Offerings licensed hereunder are governed by the terms of the EULA, as supplemented by these Terms, provided that the applicable OB Airwall Software is licensed only for the Subscription Term and only for the number of Instances that you have purchased as set forth on the applicable Order Delivery Email.
      3. Hosted Software Use Rights. Rights to Hosted Offerings are governed by the terms of the Terms of Service, provided that the applicable OB Airwall Software is provided only for the Subscription Term and only for the number of Instances that you have purchased as set forth on the applicable Order Delivery Email.
      4. End Customer Purchases through a Reseller. For purchases made through a Reseller, your Order Delivery Email contains a Voucher that sets forth your license entitlement, Subscription start date and Subscription Term for all OB Airwall Software. Once a Subscription has been purchased, a customer must activate OB Airwall Software through redeeming the Voucher in the OpenBlue Airwall Conductor
      5. Managed Service Provider Purchases. If you are a Managed Service Provider, JCI will provision you with applicable OpenBlue Airwall Conductors that will be pre- provisioned with a pool of potential Subscriptions for OB Airwall Software. Such Subscriptions only commence when activated/provisioned in the OB Airwall Conductor. Usage of such Subscriptions is determined as set forth in the OpenBlue Airwall Managed Service Provider Reseller Agreement between you and JCI.

    2. Hardware Sales and Licenses. Hardware provided hereunder is sold to you under the Hardware Terms available at
      https://www.johnsoncontrols.com/legal/digital/hardware_terms . Hardware only functions as part of the OB Airwall if you have obtained a subscription for the applicable OB Airwall Software that is embedded or encoded in the Hardware (the “Firmware”). The Firmware is considered OB Airwall Software hereunder and JCI grants you a non-exclusive, non-transferable, non-sublicensable, worldwide license to use the Firmware solely in object code, solely as embedded in and for the operation of the applicable Hardware as part of OB Airwall and solely during the applicable Subscription Term.

    3. Updates and Upgrades. If You maintain an active Subscription, you will be provided with updates and upgrades to the OB Airwall Software as made available to our customers generally. For On-premise Offerings, You shall keep the OB Airwall Software up to date by downloading updates and upgrades as they become available. For On-premise Offerings, JCI will only support the current version and one prior version of the OB Airwall Software and JCI is under no obligation to support and/or maintain unsupported versions of the OB Airwall Software

    4. Audit.

      If you are customer who has purchased through a Reseller:

      You agree that on JCI’s request You shall certify in writing within ninety (90) days that Your use does not exceed the number of Instances for which You have purchased a Subscription. JCI reserves the right to invoice and collect applicable fees at JCI’s standard, undiscounted rates for any unlicensed use in addition to other remedies available under law or in equity, or remedies pursuant to this Agreement. You further agree that upon request from JCI, but in no event more than once per calendar month, You shall provide information and reports collected by the Airwall Conductor reflecting: (a) the number of Instances on which the Software is installed; (b) the platform on which the Software is installed; and (c) usage statistics for OB Airwall Software installed by you during such time period.

      If you are a Managed Service Provider or obtain your OB Airwall Software through a Managed Service Provider, you agree that JCI may monitor your usage of OB Airwall Software Subscriptions using an API that is solely used to manage and monitor license usage data from the OpenBlue Airwall Conductor and that You may not disallow JCI’s API access during the term of this Agreement.

    5. Definitions.
      1. “Hardware” means an Airwall hardware device on which OB Airwall Software is installed.
      2. “Hosted Offerings” means that access to the OB Airwall Software is made available to You as a service and is deployed by JCI or a 3rd party hosting provider.
      3. Instance” means a single copy of the OB Airwall Software component loaded into an operating system’s memory on which such software is running, regardless of whether that operating system is on a single physical computer, device, virtual machine, container, remote server or platform, or other abstraction deployed for use by Your employees or third party contractors.
      4. “Managed Service Provider” means an entity authorized by JCI to offer OpenBlue Airwall as a part of a value added product offering whether through hosting OB Airwall Software on its own systems or obtaining Hosted Offerings from JCI. Managed Service Providers may include certain JCI branch affiliates.
      5. “On-premise Offerings” means OB Airwall Software that is deployed on a physical or virtual server running in Your datacenter or on any other computer of Your choosing.
      6. “Order Delivery Email” means the email (and included Voucher) that sets forth your OB Airwall Software ordered and your Subscription entitlements. The Order Delivery Email is sent to end customers who have purchased through JCI or Resellers or is sent directly to Managed Service Providers for use with their end customers.
      7. “OB Airwall Software” means all OpenBlue Airwall software provided by JCI to you hereunder, including all upgrades, updates, and fixes supplemental code or components, provided to you by JCI. OB Airwall Software currently includes the following potential components OpenBlue Airwall Conductor, OpenBlue Airwall Relay, OpenBlue Airwall Agent, OpenBlue Airwall Server, OpenBlue Airwall gateway firmware, OpenBlue Virtual Airwall and other product components designed to implement Host Identity Protocol (HIP) Networking protocols.
      8. “Reseller” means an entity authorized by JCI to reseller OpenBlue Airwall to end customers for installation on end customer systems.
      9. “Standard Software Terms” mean, as applicable, the EULA and the Terms of Service.
      10. “Subscription” means the time-limited license or use right to use the OB Airwall Software purchased by you.
      11. “Subscription Term” shall mean the duration of the Subscription as set forth in the Order.
      12. “Voucher” means the license entitlement number/key in your Order Delivery Email.