END USER LICENSE AGREEMENT FOR 520or90.com MOBILE APPLICATION
The following terms govern your use of 520or90.com mobile software, services and applications (Applications) provided by Yocero, LLC. You may use the Applications only if you agree to these terms. BY INSTALLING OR USING THE APPLICATIONS, YOU SIGNIFY THAT YOU AGREE TO ABIDE BY THE (THE AGREEMENT or LICENSE).
This license has the same legal effect as an agreement in writing. If you do not agree, do not install, copy or use the Applications.
1. APPLICATIONS. Yocero, LLC. and its affiliates and suppliers (Yocero, we or us) provide the Applications to you under the terms of this Agreement. In this Agreement, we use the term you or your to mean you as an individual or such entity in whose behalf you act, if any. We may discontinue or change any feature of the Applications at any time and without notice.
2. TERMS. This Agreement plus (a) any supplemental terms posted below and any (b) additional terms that accompany any specific feature, Application or upgrade collectively govern your use of the Applications. Supplemental terms that govern your use of an Application distributed by or through certain third party distributors are set forth in Appendix 1. We may modify this License if we offer and you accept the download of any new features or updates for the Applications. Please review Appendix 1 to determine if the terms apply to your mobile device. In addition, third party distributors or telecommunication services that offer the Applications on their devices or through their application stores may impose their own terms and conditions if you acquire and use the Applications from them, which you understand and agree will be binding on you.
3. OWNERSHIP. This is a license of the Applications, not a sale. The Applications and any content and services provided via the Applications are protected by copyright and other intellectual property laws and by international treaties. We, our licensors and suppliers own all rights in the Applications. Your rights to use the Applications are specified in this Agreement and we retain and reserve all rights not expressly granted to you.
4. RIGHT TO USE. During the term of this Agreement, we grant you a personal, limited, non-exclusive, revocable, non-sublicenseable and non-transferable right to install and use the Applications for personal purposes. You must be at least 13 years old to use the Applications. In addition, to use any location-based services included in the Applications, you must be at least 18 years old.
5. RESTRICTIONS. You may not: (i) make any copies of the Applications other than the copy that you need to operate the Applications on your devices, (ii) modify or create any derivative works of the Applications; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Applications, or in any way ascertain, decipher, or obtain the communications protocols for accessing our networks; (iv) use the Applications to develop software or services that access the address space of the Applications or that intercept the proxy; (v) attempt to gain unauthorized access to any of our or our suppliers, licensors, and distributors services, accounts, computer systems or networks associated with the Applications; (vi) resell, lease, sublicense or otherwise attempt to transfer rights to the Applications; (vii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Applications; (vii) block, disable, or otherwise affect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute an integral part of the Applications; (ix) incorporate, integrate or otherwise include all or any portion of any of the Applications (including the communications protocols) into any software, program or product that communicates, accesses, or otherwise connects with our services or that interconnects any of our services with any other instant messaging or other online service; (x) use any of our services associated with the Applications in any manner that could damage, disable, overburden, or impair such services or interfere with any other partys use and enjoyment of them; (xi) use the Applications in any way that violates this Agreement or any law; (xii) use the Applications in any way that violates the rights of any third party; (xiii) use the Applications in any way to transmit, directly or indirectly, any unsolicited bulk communications (such e-mails, voice, photos, video, chat or SPIM instant messages); or (xiv) assist any third party to do any of the things described in this paragraph.We may take any actions or apply any technical remedies to prevent unsolicited bulk communications, viruses or other harmful code from entering, utilizing, or remaining within our computer or communications networks.
7. ACCESS. You must provide at your own expense the equipment, Internet connections and wireless devices or wireless services to access and use the Applications and the products associated with such Applications. We do not guarantee that the Applications will work with all wireless devices or wireless service plans, at all times, or in all geographic locations. When you use the Applications, you may incur certain charges from your wireless carrier according to the terms of your carrier agreement, including without limitation, standard fees for data, messaging and wireless access, SMS and MMS messaging services. Please check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE APPLICATIONS THROUGH YOUR WIRELESS DEVICE.
You acknowledge that the Applications may provide features that include instant messaging, status updates of your contacts, posts, alerts, reminders, updates, instant messaging preferences, messaging communications and location. You authorize us to communicate with you regarding the Applications using SMS, MMS, text message or other electronic means to your wireless device. You acknowledge and agree that information about your usage of the Applications may be communicated to us by third parties, including without limitation your wireless carrier. You agree to receive messages from the Applications on any or all configured devices. When you access the Applications on your wireless device, we may obtain information from your wireless carrier about the type of device you are using. We may use this information to notify you concerning the types of features and products from the Applications that may be available to you on your device. Certain features of the Applications may require our collection of the phone number of your device. We may associate that phone number to the mobile device identification information; however, we will not use that number for telemarketing. Some wireless carriers in the USA and other jurisdictions may be required to operate a system that will pinpoint the physical location of devices that use their service. Depending on the provider, we may automatically receive this information and you consent to any such disclosure.
8. YOUR RESPONSIBILITIES. You are responsible for:
(a) All activities that occur as a result of the use of the Applications through your devices;
(b) Taking reasonable steps to prevent unauthorized access to confidential information stored in your mobile phone or other wireless device; and
(c) Complying with this Agreement and with any and all applicable laws.
In addition, you are solely responsible for the Content that you upload, transfer, send, mail, forward, submit, share, post or otherwise provide to us (collectively referred to as post) using the Applications and for the consequences of posting Content where others and the general public may see the Content. This includes any personal information, such as your home address, the home address of others, or your current location in any location-based services of the Applications. Once you have posted information about yourself, your family members, friends, or anyone else, such as the location where you or others live or work, it may be difficult or impossible to control the misuse of such information by others or remove the information from the Applications or from the services of other entities if the Content is syndicated or cross-posted to other services.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RELEASE OF PRIVATE INFORMATION IN CONTENT YOU POST TO THE APPLICATIONS. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONTACT, INTERACTION, LOSS OF PRIVACY, OR ANY OTHER CONSEQUENCES THAT MAY OCCUR BETWEEN YOU AND ANY OTHER USER OF THE APPLICATIONS AND OUR SERVICES OR A MEMBER OF THE PUBLIC AND THAT THE ENTIRE RISK IS WITH YOU.
We reserve the right to remove, at our sole discretion, any Content posted on our products and services.
You must notify your wireless carrier immediately if your mobile phone or other wireless device is lost or stolen. We cannot be responsible for what happens if your account information (such as stored User IDs and passwords) becomes known to someone else.
9. SUGGESTIONS. You agree that we may, without limitation and for no compensation, use in any manner all comments, suggestions, complaints and other feedback you provide relating to the Applications.
10. YOUR REPRESENTATIONS. You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the Applications only for lawful purposes, that you will not violate the rights of others or the terms of this Agreement.
11. AUTOMATED UPDATES. We may, but we are under no obligation to, provide updates, patches and fixes (collectively, Updates). You may be given the opportunity to choose whether you want all Updates delivered automatically or if you would prefer to be notified when a new Update is ready to be installed, or when we make such Updates available for download. You authorize us to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the Applications. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation.
12. PERFORMANCE AND USAGE INFORMATION.
(a) TECHNICAL INFORMATION. Most of the Applications are configured to report back information automatically relating to your mobile phone or other wireless device errors arising in connection with use of the Applications, without notice to you. Information on your Applications configuration settings may be included. We use these data to diagnose and improve the Applications.
(b) FEATURE USAGE INFORMATION. The Applications may also provide us with anonymous information about use of the Applications features. We use this information in the aggregate to improve the Applications and determine which Application features and buttons are most popular and useful to its users.
(c) PERSONALIZATION. You may be asked to provide us with certain information so that we personalize content presented to you through the Applications.
13. THIRD PARTY OFFERINGS. Your use of any third-party plug-in applications is at your own risk. We assume no responsibility for your use of such plug-ins, and we have no obligation to correct errors or provide Updates for third party applications.
14. TERMINATION. This Agreement automatically terminates if you fail to comply with any of its terms. We may terminate this Agreement and/or the License granted to you under this Agreement at any time in our sole discretion. You may discontinue use of the Applications at your discretion. Upon termination, you must stop all use of the Applications and must destroy all copies of the Applications that are in your possession. All provisions of this Agreement, except for the license grant in Section 3 above, survive the termination of this Agreement.
15. INJUNCTIVE RELIEF. You agree that your breach or threatened breach of this Agreement will cause us irreparable injury for which recovery of money damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect our rights under this Agreement in addition to any and all other remedies available to us at law or in equity.
16. DISCLAIMER OF WARRANTY. WE AND OUR DISTRIBUTORS PROVIDE THE APPLICATIONS AS IS AND WITH ALL FAULTS. WE AND OUR DISTRIBUTORS DO NOT WARRANT THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND COST OF ANY SERVICE AND REPAIR IS WITH YOU.
WE, OUR SUPPLIERS AND DISTRIBUTORS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, NON-INFRINGEMENT OR ACCURACY, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. WE, OUR SUPPLIERS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE APPLICATIONS. IF ANY IMPLIED WARRANTY MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY IS LIMITED TO 30 DAYS FROM THE DATE YOU ACQUIRED THE APPLICATIONS FROM US OR OUR AUTHORIZED DISTRIBUTOR.
YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
Directions, recommendations and maps are informational only. Yocero, LLC makes no warranties on the accuracy of the content, road conditions or route usability. You assume all risk of use.
17. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY CORPORATE PARENT, SUCCESSORS, AFFILIATES, SUBSIDIARIES, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, AGENTS OR DISTRIBUTORS (COLLECTIVELY, YOCERO ) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE APPLICATIONS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, MOBILE PHONE OR OTHER WIRELESS DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, OUR ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED AT OUR SOLE DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. YOCERO IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE APPLICATIONS AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
18. NO SUPPORT OR UPGRADE OBLIGATIONS. You agree that you are not entitled to any support, telephone assistance, corrections, Updates, upgrades, bug fixes and/or enhancements of the Applications from us or our distributors.
19. IMPORT/EXPORT CONTROL. The Applications are subject to export and import laws, regulations, rules and orders of the United States and foreign nations. You must comply with these laws that apply to the Applications. You may not directly or indirectly export, re-export, transfer, or release the Applications, any other commodities, software or technology received from us, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government.
20. HIGH RISK ACTIVITIES. The Applications are not fault-tolerant and are not designed, manufactured or intended for use in environments in which their failure could lead to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems (High Risk Activities). ACCORDINGLY, WE AND OUR SUPPLIERS, LICENSORS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT THE YOCERO WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE APPLICATIONS IN SUCH HIGH RISK ACTIVITIES.
21. U.S. GOVERNMENT END-USERS. The Applications are a commercial item, as that term is defined in 48 C.F.R. 2.101, consisting of commercial computer software and commercial computer software documentation, as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Applications with only those rights as described in this License.
22. ELECTRONIC NOTICES. YOU AGREE TO THIS LICENSE ELECTRONICALLY. YOU AUTHORIZE US TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE APPLICATIONS (NOTICES) IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEB OR MOBILE PAGE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Applications. As long as you are able to access the Internet using the Applications, you will be able to receive electronic notices from us.
23. INDEMNIFICATION. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, suppliers and agents and distributors from all liabilities, claims, and expenses, including attorneys fees that arise from your use or misuse of the Applications. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
24. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. You agree that the laws of the State of Washington govern this Agreement and any claim or dispute that you may have against us, without regard to Washington States conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods will have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Washington and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
25. ENTIRE AGREEMENT. This Agreement and any supplemental terms constitute the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us.
26. GENERAL TERMS. (a) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (b) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties original intent, and the remaining portions remain in full force and effect, or we may at our option terminate this Agreement. (c) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (d) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (e) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity in our sole discretion and without notice to you. (f) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (g) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
If you have any questions or comments regarding this License, you may write to:
End User License Agreement for 520or90.com Mobile Applications
c/o Yocero, LLC.
6355, 137th AVE NE, #292
Redmond, WA 98052
Last Updated: 10 December 2011
1. Supplement terms for use of Applications with Certain Apple-branded Products.
These terms supplement and are in addition to the terms of the Agreement for users who install the Applications on Apple-branded products that run the iPhone operating system software (Apple Devices) provided by Apple, Inc. (Apple), in which Apple shall be deemed a distributor under the Agreement.
- Your use of the Applications on Apple Devices is subject to Usage Rules set forth in Apples App Store Terms of Service, which you agree are binding on you.
- You are not entitled to any hard-copy documentation, support, telephone assistance, or enhancements or updates to the Applications from Apple.
- Any purchases of premium applications through the Apple iTunes App Store will be governed by the iTunes Store Terms of Sale, which you can review athttp://www.apple.com/legal/itunes/us/sales.html.
- Apple has no obligation whatsoever to furnish any maintenance and support services regarding the Applications.
- Apple shall not be responsible for any claims by you or any third party relating to your possession and/or use of the Applications, including but not limited to (i) product liability claims, (ii) any claim that the Applications fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection laws or similar legislation, and (iv) claims by any third party that the Applications or your possession and use of the Applications infringes the intellectual property rights of the third party.
- You agree that Apple and Apples subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
- You must comply with applicable terms of your agreements with third parties when using the Applications.
- NOTE: Certain versions of the application include source code for an audio compression format designed for speech called Speex. Speex is Copyright 2002-2011 Jean-Marc Valin/Xiph.org Foundation. The following terms apply to Speex:
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS AS IS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
2. Supplement terms for Applications distributed via Microsoft Windows Marketplace.
These terms supplement and are in addition to the terms of the Agreement for users who install the Applications on Microsoft Mobile Windows devices.
- Microsoft shall be deemed a distributor for purposes of the Agreement.
- You may install and use one copy of the Applications on up to five (5) Windows Mobile devices that you personally own or control and that are affiliated with the Windows Live ID associated with your Windows Marketplace for Mobile Account.
- You may not install or use a copy of the Applications acquired through your Windows Marketplace for Mobile Account that you do not own.
- You are not entitled to any hard-copy documentation, support, telephone assistance, or enhancements or updates to the Applications from Microsoft.
3. Supplement terms for Applications distributed via BlackBerry App World.
These terms supplement and are in addition to the terms of the Agreement if you obtain the Application through the BlackBerry App World applications store and install the Application on Research In Motion Limited (RIM) products.
You agree that RIM, and any entity authorized by RIM to make available and/or support the distribution of Applications through BlackBerry App World, (individually and collectively, the RIM Group) are third party beneficiaries of Section 5 (Restrictions), Section 17 (Disclaimer of Warranty), and Section 18 (Limitation of Liability) of this Agreement. You agree that upon your acceptance of the terms and conditions of this Agreement, the RIM Group will have the right (and will be deemed to have accepted the right) to enforce the above referenced terms of this Agreement against you as a third party beneficiary thereof.
4. Supplement terms for Applications distributed via the Google Android Marketplace
These terms supplement and are in addition to the terms of the Agreement if you obtain the Application through the Google Android marketplace applications store and install the Application on devices using the Android operating system.