End User License Agreement – Terms
GUNTRACK LLC (“GUNTRACK”) Software or Apps (collectively referred to as “Software” or “Licensed Application”) made available through the Apple Mac or App Store or through direct download from GUNTRACK are licensed, not sold, to You the Customer (“You”/”Your” or “Customer”). Your license to any software is subject to your acceptance of this End User License Agreement (“EULA”) and to proper payment status. All Software that is subject to this Standard EULA is referred to herein as the “Licensed Application” or “Software.” Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this EULA.
A. Scope of License: Licensor grants to you a nontransferable, non-exclusive, non-assignable license to use the Licensed Application on a device that you own or control, which Licensed Application software is copyrighted to GUNTRACK, for the duration of the term of payment. You may maintain a copy of the Licensed Program in executable code form as necessary for use by You and for backup purposes. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not sublicense, transfer, redistribute, decompile, disassemble, reverse engineer, or otherwise try to discover the source code of the Licensed Application and, if you sell Your computer to a third party, you must remove the Licensed Application from Your computer before doing so. You agree not to provide or to otherwise make available in any form the Licensed Application, or any portion thereof, to any person without the prior written consent of GUNTRACK. Except as expressly and unambiguously licensed herein, Licensor retains all right, title and interest in and to the Software.
B. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application.
C. Termination. This Standard EULA is effective unless terminated by Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
D. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
E. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR DAMAGES OF INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Licensor’s total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
F. No export or re-export. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
G. Commercial Items. The Licensed Application and related documentation are “Commercial Items,” as that term is defined at 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 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved to GUNTRACK under the copyright laws of the United States.
H. Jurisdiction. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and GUNTRACK shall be governed by the laws of the State of Arizona and United States, excluding its conflicts of law provisions. You and GUNTRACK agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Maricopa, Arizona, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of another country, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable laws of the United States and Arizona, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the Arizona courts. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with GUNTRACK’s prior written consent. GUNTRACK may freely transfer and assign this Agreement and any of its rights and obligations hereunder without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed on behalf of both parties by their duly authorized representatives, except as otherwise provided herein. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.
I. Class Action Waiver. You and GUNTRACK LLC agree that the resolution of any disputes shall be conducted in their individual capacities only and not as a class action, multiple plaintiffs, or other representative or private attorneys general action, and the parties expressly waive their right to file a class action or seek relief on a class or representative basis.