This End User License Agreement ("EULA")
is a legal agreement between you, acting on behalf of any business entity for
whom you are acting (collectively, “you”)and PPG Industries, Inc. (“PPG”) with
respect to your downloading and use of the Remote Access software application
("Software") licensed by PPG. YOU AGREE TO BE BOUND BY THE TERMS OF THIS
EULA BY USING THIS SOFTWARE. IF YOU DO NOT
AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS EULA, YOU ARE NOT AUTHORIZED
TO USE THE SOFTWARE, MAY NOT INSTALL, COPY OR USE THE SOFTWARE, AND MUST
IMMEDIATELY ERASE FROM YOUR COMPUTER ANY COPY OF THE SOFTWARE.
1. DESCRIPTION OF SOFTWARE.The Software is an application that enables PPG
(or one or more of its third party service providers) to remotely access your
computer system to perform diagnostics and troubleshooting in connection with
PPG’s TouchMix® Paint Manager™ software or other PPG software (“Paint Manager”)
that are resident on your system at your request.PPG and its licensors assume no liability for
any loss or damage to your system or data from the installation or use of the
Software.
2. LICENSE TO SOFTWARE. You are sublicensing the Software pursuant to
the terms of the GNU General Public License version 2 (“GPL”) and not under the
terms of any later version.A copy of
the GPL can be found at [http://www.ppg.com/download/open_source.html].
3. USAGE RESTRICTIONS. You must not remove,
conceal or obliterate any copyright or other proprietary notice or any
credit-line or date-line or other mark or source identifier contained in the
Software.You
may copy, further sublicense, redistribute and/or modify the Software under the
terms of the GPL.Any attempt by you
otherwise to copy, modify, sublicense or distribute the Software is void and
will automatically terminate your rights under this EULA.You may obtain a copy of the source code
corresponding to the binaries of the Software by downloading the corresponding
source code from PPG’s website at [http://www.ppg.com/download/open_source.html].This offer to obtain a copy of the source
code of the Software is valid for three years from the date you download the
Software.
4. NO PRIVACY DISCLOSURES.You acknowledge and agree that it is your
responsibility to monitor the use of the Software so that remote access by PPG (or
one of its third party service providers) is limited solely to Paint Manager
and that portion of your network system necessary for diagnostics and
troubleshooting of Paint Manager.In no
event will you provide PPG (or one or more of its third party service
providers) during any remote access session with individually identifiable
information about a person, including without limitation, name, contact
information, identification numbers, driver’s license, or credit or debit card
or other financial information.
5. DISCLAIMER OF WARRANTIES.BECAUSE THE SOFTWARE IS LICENSED FREE OF
CHARGE, THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY
APPLICABLE LAW.PPG AND ITS LICENSORS
PROVIDE THE SOFTWARE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE IS WITH YOU.SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.
6. LIMITATION OF LIABILTY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL PPG OR ITS LICENSORS BE LIABLE TO YOU FOR ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE
THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF PPG OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. EXPORT CONTROL.You agree that you will not ship, transfer or
export the Software or underlying information and technology to any countries
to which the United States has embargoed goods.
8.
APPLICABLE LAW. This EULA is governed by and construed under the
internal laws of the Commonwealth of Pennsylvania, USA excluding conflict of
law provisions thereof.You agree to
personal and exclusive jurisdiction by and venue in the courts located within
the Commonwealth of Pennsylvania, USA and you expressly waive any claim of
improper venue and any claim that such courts are an inconvenient forum.The United Nations Convention on Contracts
for the International Sale of Goods is specifically disclaimed and excluded.
9. SEVERABILITY. If any provision of this
EULA is held to be void, invalid, unenforceable or illegal, the other
provisions will continue in full force and effect.
10. ENTIRE AGREEMENT. This EULA and any
amendments expressly contemplated herein constitute the entire agreement
between you and PPG relating to the Software and they supersede all prior or
contemporaneous oral or written communications, proposals and representations
with respect to the Software or any other subject matter covered by this EULA.
To the extent the terms of any PPG policies or programs conflict with the terms
of this EULA, the terms of this EULA will control.
