, WHICH IS INCORPORATED HEREIN BY REFERENCE, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD LEAVE THIS WEBSITE NOW.
Eligibility; License; Restrictions on Use
dormakaba grants you a limited, personal, non-transferable, non-sublicensable, revocable license to access and use this Website (and to permit your duly authorized users to use this Website), its content and the Services only in the manner presented by dormakaba and solely for your internal use for the purpose of managing the Oracode Lock Doors installed on the properties that you manage or own and, if you are granted site administrator privileges, for using the site administrator functionality on this Website (“Permitted Purpose”). Except for this limited license, dormakaba does not convey any interest in or to dormakaba’s systems, information or data available via this Website, its content or the Services, or any other dormakaba property, by permitting you to access this Website. If you cease to manage or own a particular property that contains Oracode Lock Doors that you have previously managed via this Website, you are solely responsible for immediately deleting (or causing your site administrator to immediately delete) such Oracode Lock Doors from this Website. If you cease to manage or own any properties that contain Oracode Lock Doors, then your permission to use this Website is automatically terminated as described below in the section titled “Termination of Use”.
In order to create users under your account, you will have to complete a registration process for such user(s) (if you have site administrator permissions) or contact your site administrator and provide them with the information necessary for them to complete the registration process for such user(s) on your behalf. You agree to provide true, accurate, current, and complete information about your users as prompted by the applicable registration form or your site administrator, and you are responsible for keeping such information up to date. You are solely and fully responsible for maintaining the confidentiality of your account information, including without limitation, for ensuring that the user names and passwords of your users are kept secret and secure, and you agree to take all necessary precautions to protect your user names and passwords and to prevent any and all non-authorized use or access of such user names and passwords. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account, other than your duly authorized users, and solely for the Permitted Purpose. You agree to immediately notify dormakaba of any unauthorized use of your account, or any other breach of security with respect to your account. We are not liable for any loss or damage arising from your failure to protect the confidentiality of your account information, including without limitation the user name or password of any of your users.
You represent and warrant that you have obtained all required consents for, and have provided all appropriate notices in connection with, dormakaba’s collection and processing of personally identifiable information on your behalf through the Services (including, without limitation, the processing and storage of such personally identifiable information outside of the country in which the person is resident).
Further, You agree not to:
collect information from dormakaba Website Property using an automated software tool or manually on a mass basis;
use automated means to access the dormakaba Website Property, or gain unauthorized access to the dormakaba Website Property or to any account or computer system connected to the dormakaba Website Property;
obtain, or attempt to obtain, access to data, areas of the dormakaba Website Property or our systems that are not intended for access by you or log into a server or account which you are not authorized to access;
attempt to probe, scan or test the vulnerability of our systems or networks or to breach security or authentication measures;
“flood” the dormakaba Website Property with requests or otherwise overburden, disrupt, or harm the dormakaba Website Property or our systems;
restrict or inhibit other users from accessing or using the dormakaba Website Property including, without limitation, via means of submitting a virus to this Website or overloading, "flooding," "spamming," "mailbombing" or "crashing" this Website;
send unsolicited e-mail, or text messages, including promotions and/or advertising of products or services via the dormakaba Website Property or forging any TCP/IP packet header or any part of the header information in any e-mail, text or newsgroup posting;
modify or delete any copyright, trademark, or other proprietary rights notices that appear on this Website or in its content; or
access or use the dormakaba Website Property for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
If you are aware of, or experience any content, activity or communication through or in connection with the Website that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us by contacting us as set forth under “Notice” below.
Trademarks and Copyright; Ownership
Kaba, eCode, dormakaba, Oracode Kaba Ilco and related words and logos, as well as the names of other products or services of dormakaba, are trade names, trademarks or registered trademarks of dormakaba or under license to dormakaba. The names of other companies, products or services referred to in this Website are the trademarks of their respective owners. Any unauthorized use of any of these trade names or trade-marks is prohibited.
The Services and all content provided on this Website are protected by law, including U.S. and Canadian copyright law, intellectual property laws and international treaties.
The only information from this Website or generated via the Services that you may e-mail or text to a third party is (i) the access code for an Oracode Door Lock that you generated via the Services and (ii) if you have been granted site administrator privileges, you may e-mail or text the user name and password for a new user that you create to such new user. You agree that you will send such e-mails and/or texts solely to those third parties who are authorized to receive and use such access codes or logon credentials and solely in compliance with applicable law. You are solely responsible for getting all third party consents necessary under applicable law in order to send such e-mails and/or texts.
If you send dormakaba an email, you agree that we may (at our sole discretion) respond to you by e-mail, and provide by e-mail any confidential information that you have requested; you also agree we will not be liable if the information we provide to you by e-mail in this section is lost or intercepted, altered or misused by someone else.
dormakaba may communicate with you through means of electronic communication such as e-mail or notices posted on this Website. You agree that all agreements, notices, disclosures and other communications that dormakaba provides to you electronically satisfy any legal requirement that such communications be in writing.
Change and Suspension
dormakaba reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any content) at any time. You agree that dormakaba will not be liable to you or to any third party for any such change, suspension, or discontinuance.
DISCLAIMER, LIMITATION OF LIABILITY AND EXCLUSION OF CONSEQUENTIAL DAMAGES
DORMAKABA AND ITS AFFILIATED AND RELATED ENTITIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE DORMAKABA WEBSITE PROPERTY, INCLUDING BUT NOT LIMITED TO (I) DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE DORMAKABA WEBSITE PROPERTY; (II) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE DORMAKABA WEBSITE PROPERTY; (III) UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; AND/OR (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; IN EACH CASE, WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTES, OR ANY OTHER LEGAL THEORY, AND EVEN IF DORMAKABA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE DORMAKABA WEBSITE PROPERTY WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF DORMAKABA SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
Third Party Links
No Linking to this Website
You may not link any other website to this Website and you may not frame this Website on any other website. You agree to cooperate with us in causing any unauthorized framing or linking caused by you immediately to cease.
You agree to defend, indemnify and hold dormakaba, its affiliates and its and their respective officers, directors, agents and employees, harmless from and against any and all claims, actions, suits, proceedings, judgments, costs, expenses, damages and losses (collectively, “Claims”) (except those due to dormakaba’s own gross negligence or intentional misconduct) arising out of:
(a) your infringement of any intellectual property rights;
(b) your use of the dormakaba Website Property or any part thereof;
(c) any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to the dormakaba Website Property or any part thereof; (ii) use of the dormakaba Website Property or any part thereof for any illegal purpose or any other violation of law by you; or (iii) use of the dormakaba Website Property or any part thereof to achieve any unauthorized or prohibited access to any computer systems and data; and
We reserve the right, at our own expense, to assume the exclusive defense and control of any Claim subject to indemnification by you, and in such event you agree to cooperate with us in defending such action.
Termination of Use
Entire Agreement and Severability
All notices to and correspondence with dormakaba should be directed to:
Kaba Ilco Inc.
Attn: Oracode Sales Department
7301 Decarie Boulevard
Montreal, Canada H4P 2G7
No Class Actions; Limitation on Time to File Claims
Waiver of Jury Trial
For Quebec Residents
Les parties déclarent par les présentes qu’ils exigent que cette convention de conditions d’utilisation et tous les documents y afférant soient rédigés en langue anglaise seulement.