Terms of Use

YOUR ACT OF SUBMITTING INFORMATION FOR INCLUSION IN ECHELON’S PRODUCT CATALOG CONSTITUTES YOUR AGREEMENT TO OUR TERMS OF PUBLICATION BELOW. YOU SHOULD REVIEW THESE TERMS BEFORE PROCEEDING.

TERMS OF PUBLICATION

This is a legal agreement between you and Echelon Corporation ("Echelon"). YOU MUST READ AND AGREE TO THESE TERMS OF PUBLICATION BEFORE YOU MAY SUBMIT YOUR INFORMATION FOR INCLUSION IN THE PRODUCT CATALOG. BY CLICKING ON THE "I AGREE" OR "ACCEPT" BUTTON AT THE END OF THESE TERMS OF PUBLICATION OR SUBMITTING INFORMATION FOR INCLUSION IN ECHELON’S PRODUCT CATALOG, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF PUBLICATION. IF YOU DO NOT AGREE WITH THESE TERMS OF PUBLICATION, THEN YOU SHOULD EXIT THIS PAGE AND NOT SUBMIT ANY INFORMATION.

1. Definitions

"Product Catalog" means Echelon’s catalog of third party products that use Echelon’s LonWorks products and technology (each, a "Product"), including any Submissions therein.

"Submission" means any material and/or information that OEM submits to Echelon for inclusion in the Product Catalog.

"User" means a user of the Product Catalog.

"OEM" means an entity that markets a Product.

2. Your Submission

All Submissions will be considered non-confidential and non-proprietary and are subject to Echelon’s approval, which Echelon may grant in its sole discretion. Echelon reserves the right to refuse to include all or part of a Submission from the Product Catalog at any time, for any reason or no reason. Additionally, Echelon may remove all or part of a Submission at any time, for any reason or no reason.

Submissions may not contain any information that is unlawful, obscene, pornographic, libelous or otherwise offensive or invasive of the right of privacy or unlawful.

3. License

OEM hereby grants to Echelon a worldwide, non-exclusive, royalty-free license, with the right to sublicense, to use, reproduce, distribute, transmit, perform and display the Submission, in whole or in part. While Echelon will not modify or create derivative works of the Submission without the prior written consent of OEM, Echelon may (i) reproduce and distribute copies of the Submission in other media and formats so long as any modifications are limited to those technically necessary to convert the Submission to such other media and formats and the converted Submission is otherwise an unmodified version of the Submission and (ii) make minor non-substantive edits to the Submission such as corrections to grammatical and spelling errors.

4. Warranty; Disclaimer

OEM represents and warrants that its Products do not infringe any third party intellectual property rights and that its Submission is true, accurate and reliable.

OEM ASSUMES ALL LIABILITIES ARISING OUT OF ITS SUBMISSION.

ECHELON PROVIDES THE PRODUCT CATALOG "AS IS" WITHOUT WARRANTY OF ANY KIND AND ECHELON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PRODUCT CATALOG, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT AND THEIR EQUIVALENTS.

ECHELON DOES NOT ASSUME ANY LIABILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR PRODUCT MADE AVAILABLE IN THE PRODUCT CATALOG.

ECHELON MAKES ABSOLUTELY NO WARRANTIES THAT ANY SALE WILL RESULT FROM ITS INCLUSION OF A SUBMISSION IN THE PRODUCT CATALOG.

5. Indemnity

OEM shall indemnify, defend and hold harmless Echelon from and against any loss, cost, liability or expense arising out of (i) any claims relating to its Submissions and Products; (ii) its breach of any of the foregoing warranties and (iii) OEM’s failure to perform any obligations under any contract or other agreement that OEM has entered into with a User.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL ECHELON BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH (I) USE OR PERFORMANCE OF OR RELIANCE UPON THE PRODUCT CATALOG, (II) PROVISION OF OR FAILURE TO PROVIDE THE PRODUCT CATALOG OR (III) ANY NEGOTIATION OR CONTRACT BETWEEN OR AMONG OEM, A USER AND/OR ANY OTHER THIRD PARTY.

OEM ACKNOWLEDES AND AGREES THAT ECHELON INCLUDES SUBMISSIONS IN ITS PRODUCT CATALOG FREE OF CHARGE AND THE FOREGOING IS A REASONABLE ALLOCATION OF RISK.

7. Privacy Policy

Echelon's treatment of personal information included in Submissions is set forth in Echelon's Privacy Policy. http://www.echelon.com/about/legal/privacypolicy.htm

8. Terms and Conditions of Use

OEM acknowledges that it has agreed to Echelon's Terms and Conditions of Use. http://www.echelon.com/productDB/admin/termsofuse.htm

If you agree to these Terms of Publication and would like to submit your information for inclusion in the Product Catalog, click on the "I ACCEPT" button below.