Draught Guardian is a self managed IOT and software solution for the beverage industry.
This agreement governs the Customer and the use of DRAUGHT GUARDIAN’s proprietary software embedded in the Hardware and any accompanying documentation by using the Hardware in which the Software is embedded ongoing reporting and associated data;
Grant of License & Service Level Agreement
Subject to the terms and conditions of this Agreement, including, without limitation, the payment of all Product Fees, DRAUGHT GUARDIAN hereby grants to the Customer, and the Customer hereby accepts, a limited, non-exclusive, revocable, non-sub-licensable, and non-transferable license to use the Software in object code format only and solely for the purpose designated by DRAUGHT GUARDIAN in the Documentation: exclusively in conjunction with the specific DRAUGHT GUARDIAN hardware product: in which the Software is embedded (in the case of Embedded Software); or with which the Software is designed to operate (in the case of Driver Software). For the duration of this Agreement, DRAUGHT GUARDIAN shall provide customer support to the Customer as set out in the Service Level Agreement annexed hereto, marked “B”. The customer shall provide DRAUGHT GUARDIAN with written notice of three (3) months prior to cancellation or non-renewal of this agreement; otherwise, this agreement shall remain in force.
Ownership
Except for the limited rights expressly granted herein, the license granted hereunder does not transfer to the Customer or any third party any title or any proprietary or intellectual property rights to the Hardware, Software, Data and Documentation, or any copyrights, patents, or trademarks, embodied or used in connection therewith. Nothing in this Agreement shall be construed to convey any title or ownership rights to the Customer, accordingly the solution, documentation and data may not be onsold in any form. The Software and data, in whole or in part, and all copies thereof, are and shall remain the sole and exclusive property of DRAUGHT GUARDIAN. All rights not expressly granted herein are hereby reserved to DRAUGHT GUARDIAN.
Product Fees
The license granted hereunder shall be subject to the Customer’s timely and full payment to DRAUGHT GUARDIAN as per license fees set by DRAUGHT GUARDIAN from time to time.
Limitation of liability and indemnification
In no event shall DRAUGHT GUARDIAN, its agents or suppliers be liable to the Customer for any of the following: Indirect, special, incidental, punitive or consequential damages (including lost profits or savings gained), however caused and on any theory of liability, whether in contract, tort or otherwise, save for gross negligence, arising out of this agreement or agreement or otherwise out of this agreement or otherwise out of the Customer’s use of the Software (including any Third Party Components) or the documentation, even if DRAUGHT GUARDIAN, its agents or suppliers have been advised of the possibility of such damages. Nothing in this section will confer any right or remedy upon the Customer to which it would not otherwise be legally entitled.