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Please read the details contained in this agreement to ensure that you are fully informed.
This agreement covers the terms and conditions for the use of any Brain Corporation (“Brain”) autonomous navigation software (“software”) contained on any Tennant robotic scrubber (“robotic scrubber”). This agreement forms a legallybinding contract between you and Brain for the use of the software and robotic scrubber(s).
By (a) using the software or the autonomy features, or (b) executing an order form or other agreement that references thisagreement, you agree to be bound by the terms and conditions of this agreement, including its limitations on access, use, transferability, warranty and liability. In addition, you are agreeing that you have the authority to bind yourself (or your employer or other entity on whose behalf you are agreeing) to the terms and conditions of this agreement. You agree that this agreement is enforceable like any written negotiated agreement signed by you. If you do not agree to these terms and conditions, you may not use the software or the autonomy features or exercise any of the rights granted by this agreement.
During the initial period specified in the purchase order, lease agreement or other agreement for your use of the robotic scrubber and any additional extension of access to the autonomy features, you will be provided the following services (the “autonomy services”):
You must comply with the usage rules established below that apply to all robotic scrubbers:
device other than the robotic scrubber; (e) using the software or the autonomy services to conduct any operation of the robotic scrubber beyond routine cleaning functions within an approved environment; or (f) attempting to deliberately damage or undermine the legitimate operation of the autonomy services or the software. The robotic scrubbers, software, and autonomy services are not designed or intended for use in environments requiring fail-safe performance, including any application in which the failure of the robotic scrubbers, software, and autonomy services would reasonably likely lead directly to death, personal injury, or severe property damage.
To continually innovate and improve Tennant’s and/or Brain’s products and to provide additional or improved products, software, or services to current or future customers, Tennant and/or Brain may collect, and you agree to the collection of, certain data from the software or the robotic scrubber, including as provided in Brain's Data Policy (available atwww.braincorporation.com/data-privacy), as may be updated by Brain from time to time.
Brain represents and warrants that the software will 1) conform to the robotic scrubber’s then-current user manuals, 2) enable autonomous navigation and operation of each robotic scrubber, subject to the restrictions on use, during the subscription term of your autonomy services; 3) not infringe on any third party intellectual property rights by your usage subject to the restrictions on use. Your sole remedy for breach of this paragraph 7 for any robotic scrubber shall be termination of the autonomy services for that robotic scrubber and a pro-rated refund of the fees paid by you for the remaining time of your autonomy services subscription for such robotic scrubber. OTHER THAN SET FORTH ABOVE IN THIS PARAGRAPH BRAIN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRAIN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING UNDER THIS AGREEMENT THAT MAY BE INCURRED BY YOU, WHETHER OR NOT BRAIN OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Brain and Tennant reserve the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this agreement and to impose new or additional rules, policies, terms, or conditions as required for safety, for compliance with laws or government regulations, and/or that do not materially impact your use of the robotic scrubber(collectively referred to in this agreement as “additional terms”) on your use of the software, autonomy services, or the autonomy features. The current version of this agreement is available at https://tennantco.com/amreula and to the extent that its terms and conditions are inconsistent with those set forth herein, they shall control and constitute the agreement. You acknowledge and agree that the terms of this agreement may be revised with additional terms from time to time by the posting of an updated version of this agreement at https://tennantco.com/amreula. The additional terms will be effective immediately and incorporated into this agreement. Your continued use of the software, autonomy services, or the autonomy features following notice, at the mailing address or email address you provided to us, of any additional terms will be deemed to constitute your acceptance of all such additional terms. All additional terms are hereby incorporated into this agreement by reference.