RadStar Alpha Series
Radon Management Cloud
(i) purchasing, leasing or using a Continuous Radon Monitor (a “CRM”), which can include a RadStar Alpha Series, RadStar RS300, RS800 or any other compatible device and
(ii) accessing the Radon Management Cloud (as defined below).
Definitions. The following terms shall have the following meanings:
“AccuStar” – shall mean Spruce Environmental Technologies, Inc. d/b/a AccuStar Labs
“Data” – shall mean all information collected by a CRM and/or Radon Management Cloud software, including but not limited to the User’s name, email address, user name, password, the location and time of collection of radon gas information, the name, address and other identifying information of the User’s customer and the site of collection of the radon gas information, testing results and any other information obtained in connection with the use of the CRM.
“Radon Management Cloud” – shall mean a system of software, website storage, mobile app and desktop app used in the Subscription Service.
“Subscription Service” – shall mean the Radon Management Cloud offered by AccuStar for the processing of radon data (the “Subscription Service”), which is comprised of the following:
(i) the provision of Subscription Service software which enables a User to collect and upload the Data to a computer or hand held device;
(ii) the simultaneous storage of the Data on AccuStar servers (or the servers of a contractor of AccuStar) (in either case referred to hereinafter as the “AccuStar Servers”) for access by AccuStar and the User as provided herein; and
(iii) the processing of the radon gas collection portion of the Data by AccuStar for purposes of radon gas analysis, the results of which are automatically uploaded to the AccuStar Servers to supplement the Data.
“User” – shall mean any person or entity using a CRM and the Subscription Service.
(ii) Limitation of Liability. The Subscription Service is being offered and provided to User on an ‘as is’ basis. EXCEPT AS EXPLICITY PROVIDED ELSEWHERE IN WRITING BY ACCUSTAR, THE SUBSCRIPTION SERVICE IS BEING PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ACCUSTAR BE LIABLE TO THE USER OR THE USER’S CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THE SUBSCRIPTION SERVICE AND, IN ANY EVENT, ACCUSTAR’S AGGREGATE LIABILITY TO THE USER OR ANY CUSTOMER OF THE USER SHALL NOT IN ANY EVENT EXCEED THE PER UNIT COST OF THE SUBSCRIPTION SERVICE. AccuStar shall not be liable to either the User or the User’s customer for any loss of the Data regardless of whether the loss of the Data arises by reason of any action or inaction of AccuStar or its contractors or agents or relates to any defects or technical problems with the AccuStar Server.
(iv) Ownership of Intellectual Property. The provision of the Subscription Service to the User shall in no way be deemed a grant of ownership in, or a license to, the User, to any of the components of the Subscription Service other than as explicitly provided herein or elsewhere. The User has no right to use, copy or publish data other than the Data provided by User and the test results arising from said Data as provided by AccuStar. The User hereby agrees to not reverse engineer the Subscription Service and agrees that the use by the User of the Subscription Service does not create any ownership in the User of the Subscription Service or any of its component parts.