End-User License Agreement for LeakTronics iOS App
This End-User License Agreement (the “EULA” or “Agreement”) governs Your download and use of mobile application software and any enhancement or modification thereof (“Software”) provided by LeakTronics (the “Company”) that is designed to operate on Your mobile and/or tablet device running the iOS operating system (“Apple Device”).
Your download and/or use of the Software constitutes Your acceptance of the terms of this Agreement, which may be amended from time to time by the Company. The Company may update the terms of this Agreement from time to time without notice to You. The most recent version of this Agreement is available at https://leaktronics.com/eula and the most recent version shall control and supersede any and all other versions of this Agreement. Company reserves the right to change or modify this Agreement or any other Company policies related to use of the Software at any time and at its sole discretion and without notice to You. Continued use of the Software following the posting of these changes or modifications will constitute acceptance of such changes or modifications. You acknowledge that You have no right, claim, or cause of action to prevent the Company to make such change, or arising out of Your failure to access and understand the terms of this Agreement.
- Ability to Accept. By installing the Software You affirm that You are over eighteen (18) years old. If You are under eighteen (18) years old, You affirm that, prior to installing the Software, You have reviewed this Agreement with Your parent or guardian to make sure that You and Your parent or guardian understand its terms and conditions and agree to them.
- Acknowledgement. Company and You, the end-user of the Software, acknowledge that the Agreement is entered into by and between Company and You and not with any third party. The Company is solely responsible for the Software and any content contained therein. You acknowledge that no third party has any obligation whatsoever to furnish any maintenance or services with respect to the Software. You acknowledge that You have reviewed the Apple Media Services Terms and Conditions (“ToS”), currently located online at:https://www.apple.com/legal/internet-services/itunes/us/terms.html. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce; and (iii) You are at least eighteen (18) years old.
- Acceptable Use.
- You agree that You shall be responsible for using and protecting the Software and your login credentials (“NETID”).
- Without limiting the foregoing, You may not use the Software in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access Company’s proprietary information that is not authorized by the Company; (d) uses or launches any automated system to access Company’s website or computer systems; (e) attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Company’s computer network or user accounts; (g) constitutes or encourages conduct that would constitute a criminal offense, or would give rise to civil liability on the part of You, Company, or a third party; (h) violates this Agreement; or (i) in any way which the Company determines in its reasonable discretion could be harmful to Company or third parties
- Incorporation of Apple Media Services Terms and Conditions. This Agreement incorporates by reference the ToS. For purposes of this Agreement, the “Software” is considered the “Content” and/or “App” as defined and/or used in the ToS, and “Company” is considered “App Provider” as defined in the ToS. If any terms of this Agreement conflict with the terms of the ToS, the terms of this Agreement shall control.
- Scope of License and Allowable Uses of the Software. The license granted to You for the Software is limited to a revocable, non-transferable, non-exclusive license to use the Software on any Apple Device that You own or control and as permitted by the Usage Rules set forth in the ToS. Any use of the Software in any manner not allowed under this Agreement or the ToS including, without limitation, resale, transfer, modification or distribution of the Software or copying or distribution of text, pictures, music, barcodes, video, data, hyperlinks, displays and other content provided by the Software is prohibited. This Agreement does not entitle You to receive and does not obligate Company to provide hard-copy documentation, maintenance, support, telephone assistance, or enhancements or updates to the Software. Company reserves the right, in its sole discretion, to terminate this Agreement and revoke Your license to use the Software for any reason, including but not limited to Company’s reasonable conclusion that You have violated this Agreement.
- Updates and Upgrades. The Company may from time to time provide updates or upgrades to the Software (each an “Update”), but Company is not under any obligation to do so. Such Updates may include automatic updating or upgrading without any additional notice to You. You consent to any such automatic updating or upgrading of the Software, and Your continued use of Software shall constitute acceptance of Update(s). All references herein to the Software shall include Updates. This Agreement (as updated as provided in this Agreement) shall govern any Updates that replace or supplement the original Software.
- Limitation of Liability. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW,
- IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY USER-GENERATED CONTENT;
- IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY UNAUTHORIZED USE OF SOFTWARE USING YOUR NETID (WHETHER BY YOU OR A THIRD PARTY); AND
- IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA OR FAILURE OR MALFUNCTION OF YOUR APPLE DEVICE. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS TO CEASE USE OF THE SOFTWARE.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In the event of any failure of the Software to conform to a warranty to which You are entitled by law, You may notify Company;
- DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR-FREE, THAT ALL CONTENT ON THE SOFTWARE WILL BE ACCURATE, THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT COMPANY WILL CORRECT ANY ERRORS IN THE SOFTWARE. YOU AGREE THAT COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL HAVE NO OTHER WARRANTY OBLIGATIONS WHATSOEVER WITH RESPECT TO THE SOFTWARE, AND ANY OTHER CLAIMS LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO SUCH WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.
- Personal Information. Your use of the Software is subject to and governed by LeakTronics Online Privacy Statement, available at:
- Indemnification. You agree to defend, indemnify, and hold harmless Company and its trustees, regents, agents, employees, contractors, officers, students, and directors from any and all claims, suits, damages, costs, fines, penalties, liabilities, and expenses (including attorney’s fees) arising from or in any way connected with Your use or misuse of the Software, violation of this Agreement, or violation of any rights of a third party. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.
- Intellectual Property Rights.
- Intellectual Property Rights in Software. You acknowledge and agree that as between You and Company, Company holds all intellectual property rights in the Software including, but not limited to, copyright, trademark, and patent rights. You agree that nothing in this Agreement or elsewhere entitles You to any ownership or license to any intellectual property or intellectual property rights in Software beyond the license to use Software expressly granted to You by Section 4 of this Agreement.
The Software may use intellectual property in connection with the services it provides and such intellectual property remains at all times the property of its respective owner. You have no right or license with respect to any intellectual property owned by the Company or any third party that is visible on or provided to You through the Software
- Infringement by Software. You and Company acknowledge that, in the event of any third party claim that the Software or Your use of the Software infringes any third party’s intellectual property rights, Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. The Company may, in its sole discretion, revoke Your right to use Software under Section 4 of this Agreement if the Company determines that the Software or Your use of the Software may infringe on the intellectual property rights of any third-party. You agree to cease using Software upon notice from Company of such revocation. The Company may, but shall not be obligated to, provide You with a non-infringing version of the Software.
IN THE EVENT THE SOFTWARE IS FOUND TO INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, YOUR SOLE REMEDY SHALL BE EITHER TO CEASE USING THE SOFTWARE OR TO USE A NON-INFRINGING VERSION OF THE SOFTWARE SHOULD COMPANY CHOOSE TO PROVIDE YOU WITH SUCH A NON-INFRINGING VERSION.
- Notices. Any notice or other communication required or permitted to be given hereunder may be given by regular mail, postage prepaid, courier, facsimile or email to the parties at their respective address as follows:
You: For updates to the software, its terms, or this EULA: delivered through the Software as updates or
For individual notices: email address or mailing address of record within the Software
- Public Disclosure. You understand and acknowledge that Company is a state agency, and as such may disclose or share information in recognition of applicable state, federal, or international laws. This includes, but is not limited to the California Public Records Act, https://www.ftb.ca.gov/your-rights/california-public-records-act.html, and that if the Company receives a valid public records request, it may be required to disclose some Personal Information provided by You to Company as part of Your use of Software. You further understand and acknowledge that it would be impracticable for the Company to provide You notice prior to such disclosure, and therefore, You will not be notified before such information is disclosed.
- “Opt-In” For Push Messaging. The Software may send You “push messages” or “push notifications” (collectively “Push Communications”) if Your Apple Device supports Push Communications. By installing the Software, You agree to accept Push Communications and “opt-in” to receive them. Should You wish to cease receiving Push Communications, You may turn off Push Communications for the Software by changing the settings on Your Apple Device.
- Location Data. Certain features or functionality (“Features”) of the Software, such as class attendance and location-based messaging and personalization services, may collect or be dependent on data related to Your geographic location (“Location Data”). If You wish to use these Features, You agree to provide or to make Your Location Data accessible to Company, and to receive messages and notification via the Software based on Your location data. To the extent that Software collects Location Data, the Company shall use it in accordance with Section 9 Personal Information.
- Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and Your use of the Software. You agree that any action arising under this Agreement or use of the Software shall be commenced and maintained in the Courts of the State of California located in Los Angeles County or Federal District Court for the California, which shall have exclusive subject matter jurisdiction with respect to the dispute. You submit to the jurisdiction of such courts over You personally and in connection with such litigation, and You waive any objection to venue in such courts and any claim that such forum is an inconvenient forum.
- Term and Termination. This Agreement is effective until terminated by the Company or You. The Company reserves the right, at any time, to: (i) discontinue or modify the Software or any aspect of the Software; (ii) terminate your NETID; and/or (iii) terminate this Agreement and Your use of the Software with or without cause, and shall not be liable to You or any third party for any of the foregoing. If You object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Software in any way, Your only recourse is to immediately discontinue use of the Software.
- Upon termination of this Agreement, You shall cease all use of the Software. This Section 18 and Sections 7 (Limitation of Liability), 8 (Disclaimer of Warranty), 9 (Personal Information), 10 (Indemnification), 11 (Intellectual Property Rights), 13 (Public Disclosure) and 16 (Governing Law) shall survive termination of this Agreement.