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TAILWIND iQ3 USER MANUAL
5.2 Protection. Receiving Party may use Confidential Information of Disclosing Party; (a) to exercise its rights and perform its obliga-
tions under this EULA; or (b) in connection with the parties’ ongoing business relationship. Receiving Party will not use any Confidential
Information of Disclosing Party for any purpose not expressly permitted by this Agreement, and will disclose the Confidential Informa-
tion of Disclosing Party only to the employees or contractors of Recipient who have a need to know such Confidential Information for
purposes of this Agreement and who are under a duty of confidentiality no less restrictive than Receiving Party’s duty hereunder. Re-
ceiving Party will protect Confidential Information from unauthorized use, access, or disclosure in the same manner as Receiving Party
protects its own confidential or proprietary information of a similar nature but with no less than reasonable care. The parties will each
be responsible for any breach of this Agreement by their consultants or agents and each party agrees to take all reasonable measures
to restrain its consultants or agents from disclosure or improper use of the other party’s Confidential Information. Confidential Informa-
tion shall remain at all times the property of the Disclosing Party. No rights to use, license or otherwise exploit the Confidential Informa-
tion are granted to the Receiving Party or its agents, by implication or otherwise.
5.3 Data Rights. User agrees that Tailwind will collect and track technical and related information about User and Users’ use of the
Software, which may include Users’ internet protocol address, hardware identifying information, operating system, application software,
peripheral hardware, and Software usage statistics, to assist with the operation and function of the Software, the provision of updates,
support, invoicing, marketing by Tailwind or its agents and research and development.
6. LIMITED WARRANTY
Tailwind warrants to User that for a period of 1 year following the initial purchase and delivery of the Software to User that the Software
will perform substantially in conformance with the Documentation. Tailwind does not warrant that the Software will meet all of Users’
requirements or that the use of the Software will be uninterrupted or error-free. The foregoing warranty applies only to failures in op-
eration of the Software that are reproducible in standalone form and does not apply to: (i) Software that is modified or altered by User
or any third party that is not authorized by Tailwind; (ii) Software that is otherwise operated in violation of this Agreement or other than
in accordance with the Documentation; or (iii) failures that are caused by other software or hardware products. To the maximum extent
permitted under applicable law, as Tailwinds’ and its suppliers’ entire liability, and as User exclusive remedy for any breach of the
foregoing warranty, Tailwind will, at its sole option and expense, promptly repair or replace any Software that fails to meet this limited
warranty or, if Tailwinds unable to repair or replace the Software, refund to User the applicable license fees paid upon return, if applica-
ble, of the nonconforming item to Tailwind. The warranty is void if failure of the Software has resulted from accident, abuse, or misap-
plication. Any replacement Software under this limited warranty will be warranted for1 year from the original purchase date.
EXCEPT AS EXPRESSLY STATED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TAILWIND IS
PROVIDING AND LICENSING THE SOFTWARE TO USER “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE,NON-INFRINGEMENT, AND FITNESS FOR A
PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAILWIND, ITS DIRECTORS, OFFICERS, AGENTS, SUP-
PLIERS AND LICENSORS, BE LIABLE TO USER (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE,OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST
PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF USE OF THE SERVICE OFFERING, LOSS OF GOODWILL, BUSINESS INTERRUPTION,
LOSS OF DATA, LOST SAVINGS, OR OTHER ECONOMIC DAMAGE , ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO
USE THE SOFTWARE OR DOCUMENTATION, EVEN IF TAILWIND OR A DEALER AUTHORIZED BY TAILWIND HAD BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
The Software enables a user to control / monitor their garage door(s) over the internet. User understands and agrees that there are risks
associated with this. User shall bear all risks associated with the use of the Software. Tailwind, its directors, officers, agents, partners and
licensors shall not be liable to User for any loss or damage of any kind, including but not limited to, personal or bodily injury (including
death or disability) or property damage.
The Software has auto-open / auto-close features that depend on the User’s smart device, GPS, wireless carrier signal, the internet, and
Bluetooth signals. These features are designed to automatically open the garage door as the user comes home, and close it as they drive
away. User understands and agrees that he should not rely on this auto-close feature every time he drives away since it can occasional-
ly fail due to loss of connectivity. Tailwind, its directors, officers, agents, partners and licensors shall not be liable to User for any loss or
damage of any kind arising out of or relating to the auto-open / auto close features or third party services or products.
8. Third Party Programs. To the extent the Software is bundled with third party software programs; these third party software pro-
grams are governed by their own license terms, which may include open source or free software licenses. Nothing in this Agreement
limits an end user’s rights under, or grants the end user rights that supersede the terms of any such third party software.
