End User Licensing Agreement for iOS
PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE DOWNLOADING, INSTALLING AND/OR USING THE ECHO RESPONDER MOBILE APPLICATION (THE "MOBILE APPLICATION") ACCOMPANYING THIS LICENSE. BY DOWNLOADING, INSTALLING AND/OR USING THE MOBILE APPLICATION, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD, INSTALL OR USE THE MOBILE APPLICATION TO WHICH TO THIS LICENSE APPLIES.
2. LICENSE GRANT AND RESTRICTIONS ON USE.
2.1. We grant you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Mobile Application on a Mobile Device owned or controlled by you, for your own use in connection with your department’s emergency responses, strictly in accordance with this License and any applicable Usage Rules. You shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Mobile Application; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Mobile Application; (iii) violate or use the Mobile Application or your account therefor to violate, any applicable laws, rules or regulations in connection with your access or use of the Mobile Application; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Echo Responder or its affiliates, partners, suppliers or the licensors of the Mobile Application or otherwise obscure or modify the manner in which they are displayed by means of the Mobile Application; (v) install, use or permit the Mobile Application to exist on more than one Mobile Device at a time or on any other mobile device or computer, other than by means of your separate downloads of the Mobile Application, each of which are subject to separate licenses (this restriction does not, however, limit your right to reinstall the Mobile Application on the specific Mobile Device for which it was downloaded); (vi) make the Mobile Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (vii) use the Mobile Application for data mining, scraping, crawling, redirecting, or compiling a collection of listings or data for any purpose other than one expressly authorized pursuant to this License; (viii) use the Mobile Application to attempt to interfere with the proper functioning, display, operation and/or usage of the Mobile Application or our web sites by any other authorized users or third parties; or (ix) use any proprietary information or interfaces of the Mobile Application or other intellectual property for any purpose not expressly authorized by this License. You recognize that the unauthorized use or disclosure of any of the foregoing may give rise to irreparable injury to Echo Responder or its licensors or affiliates for which monetary damages may be an inadequate remedy; and you agree that Echo Responder or its licensors or affiliates may seek and obtain injunctive relief against the breach or threatened breach of your obligations hereunder, in addition to any other legal and equitable remedies which may be available.
2.2. The Mobile Application may require an Internet connection to access and use parts of the Mobile Application or its Internet-based features, authenticate the Mobile Application, or perform other functions. All Internet connectivity required for you to access and use such Mobile Application functionality are your sole responsibility, and you understand that, if you do not maintain such connectivity, then certain features and functionality of the Mobile Application may not operate properly or at all.
2.3. You may not use or otherwise export or re-export the Mobile Application except in accordance with this License and as authorized by U.S. law. In particular, but without limitation, the Mobile Application may not be exported or re-exported (a) into (or to a national or resident of) any countries subject to a U.S. embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Table of Denial Orders or Denied Person’s List or Entity List. By using the Mobile Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or location, or on any such list.
2.4. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and we may automatically electronically upgrade (or otherwise make available for you to upgrade) the version of the Mobile Application on your Mobile Device. You consent to such automatic upgrading (if applicable) and agree that this License will apply to all such upgrades (including those made available automatically and those made available through other methods), except to the extent such upgrade is accompanied by a different set of terms. Also, from time to time, without prior notice to you, we may change, expand or improve the Mobile Application. We may also, at any time, discontinue part or all of the Mobile Application or selectively disable certain aspects of or accessibility to portions of the Mobile Application. Any modification or elimination of the Mobile Application will be done in our sole discretion and without any obligation or liability to you.
3. INCIDENT CHAT. The Mobile Application includes a feature that allows users to interact and communicate with other users who are members of their department (or other departments if their department administrators have requested such access) (the “Incident Chat”). All of the terms and conditions set forth in this License (and any other supplementary terms and conditions that may be made available in connection with Incident Chat), are applicable to your use of Incident Chat. It is important to remember that content submitted to Incident Chat may be recorded and stored in multiple places and viewable by others. Therefore, you should be careful and selective about the information and content that you choose to disclose in such Incident Chat and on the Mobile Application in general about yourself and others, and in particular, you should not disclose any sensitive, proprietary or confidential information or content, in your submissions to the Incident Chat.
4. PROHIBITED CONDUCT. You agree that while using the Mobile Application you shall not:
4.1. impersonate any person or entity or misrepresent your affiliation with any other person or entity;
4.2. obtain or attempt to gain unauthorized access to other computer systems, information or any services made available on or through the Mobile Application through any means, or obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Mobile Application;
4.3. engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Mobile Application or for any services available on the Mobile Application, or obtaining lists of users or obtaining or accessing other information or features on the Mobile Application, including, without limitation, any information residing on any server or database connected to the Mobile Application;
4.4. use the Mobile Application or the services on the Mobile Application in any manner that could damage, disable, overburden, or impair the Mobile Application or such services, or interfere with another party’s use and enjoyment thereof, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
4.5. use the Mobile Application or the services on the Mobile Application in violation of Echo Responder or any third party’s intellectual property or other proprietary or legal rights;
4.6. use the Mobile Application or the services on the Mobile Application in violation of any applicable law;
4.7. attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Mobile Application or any services on the Mobile Application or make any unauthorized use thereof;
4.8. submit, disclose, upload, post, transmit, distribute or otherwise publish to, on or through the Mobile Application, any information that is Protected Health Information as defined by 45 C.F.R. § 160.103;
4.9. upload, post, transmit, distribute or otherwise publish to, on or through the Mobile Application, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
4.10. use the Mobile Application to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
4.11. upload, post, publish, distribute or otherwise transmit any information or material which constitutes, contains or disseminates a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
4.12. use, redistribute, republish or exploit any part of the Mobile Application for any commercial or promotional purposes, or contact any other user of the Mobile Application for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on Mobile Application; or
4.13. alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any portions of the Mobile Application (or attempt to do any of the foregoing), including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon.
5. INTELLECTUAL PROPERTY. You acknowledge and agree that all intellectual property rights (including any and all copyrights, patents, trademarks, trade secrets, publicity rights and other intellectual property rights) in and to the Mobile Application and all elements thereof (including, without limitation, all content, design elements, text, graphics, pictures, illustration, animation, video, audiovisual elements, information, applications, software, code, music, sound, look-and-feel, and other files contained therein or related thereto), are the sole property of Echo Responder, its subsidiaries, affiliates, licensors, suppliers or other third parties. Except as provided herein, you do not possess, and we do not grant to you, any rights (whether by implication, estoppel, or otherwise) in or to any Intellectual Property and all such rights are retained by us and/or other third parties.
6. TRADEMARKS. Echo Responder and all related logos are trademarks and/or registered trademarks of Echo Responder and/or its licensors. No right, title, license, or interest to any such trademark is granted hereunder, and you agree that no such right, title, license, or interest shall be asserted by you with respect to any such trademark. You agree that you will not use Echo Responder’s or its licensors’ names or marks or employee names, or adaptations thereof, in any advertising, promotional or sales literature without Echo Responder’s, or its licensors’ prior written consent. You shall inform Echo Responder promptly in writing of any alleged infringement of Echo Responder’s or its licensors’ rights and of any evidence thereof.
7. WARRANTY DISCLAIMER. THE MOBILE APPLICATION (INCLUDING ALL MATERIAL AND INFORMATION THEREOF) IS PROVIDED "AS IS" AND "AS AVAILABLE," AND YOU BEAR THE SOLE RISK AND RESPONSIBILITY OF INSTALLING AND USING IT ON YOUR MOBILE DEVICE. WE GIVE AND MAKE NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES FOR INFORMATION, DATA OR CONTENT MAINTENANCE OR STORAGE, UPTIME OR UNINTERRUPTED ACCESS, OR ANY WARRANTY OF ACCURACY, CORRECTNESS, PRECISION, TIMELINESS, THOROUGHNESS, COMPLETENESS, USE OR APPLICATION, ADEQUACY OR SUITABILITY. IN ADDITION, WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES OR THE INTERNET GENERALLY, IS FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS. NONE OF ECHO RESPONDER, ITS AFFILIATES, LICENSORS, OR ANY ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS, MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (A) THE OPERATION OR PERFORMANCE OF THE MOBILE APPLICATION OR ANY THIRD PARTY CONTENT OR SERVICES, (B) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN ACCESSED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE MOBILE APPLICATION (INCLUDING WITHOUT LIMITATION, THOSE ACCESSED USING THIRD PARTY CONTENT OR SERVICES), (C) ANY PRODUCTS OR SERVICES PURCHASED THROUGH USE OF ANY THIRD PARTY CONTENT OR SERVICE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF OTHER INFORMATION OR MATERIAL IN CONNECTION WITH THE MOBILE APPLICATION, OR (D) THE INTERNET GENERALLY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS LICENSE CANNOT CHANGE. HOWEVER, TO THE MAXIMUM EXTENT PERMITTED BY LAWS APPLICABLE TO YOU IN YOUR JURISDICTION, WE AND OUR AFFILIATES, SUPPLIERS, LICENSORS AND THIRD PARTY PROVIDERS EXPRESSLY EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8. LIMITATION OF LIABILITY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MOBILE APPLICATION GENERALLY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OR our AFFILIATES, LICENSORS, ANY OF OUR ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE AND CONTENT PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR USE OF OR INABILITY TO USE THE MOBILE APPLICATION OR THE INTERNET GENERALLY, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ECHO RESPONDER ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR MOBILE DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE MOBILE APPLICATION, OR YOUR DOWNLOADING, ACCESSING OR USING ANY MATERIALS OR CONTENT IN CONNECTION THEREWITH. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE MOBILE APPLICATION, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR IN CONNECTION WITH THE MOBILE APPLICATION. YOU UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THIS LICENSE WITHOUT THESE LIMITATIONS ON LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PROTECTED ENTITIES' AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED ONE DOLLAR ($1.00) (other than as may be required by applicable law). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9. INDEMNIFICATION. You agree to defend, indemnify and hold us and, as applicable, our parent, subsidiaries, affiliates, partners, officers, directors, agents and employees, licensors, suppliers and third party content providers harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys' fees and costs, whether brought by third parties or otherwise, due to or arising out of (i) your use of the Mobile Application, (ii) your violation of any term of this License or any applicable Usage Rules, or (iii) any information transmitted, submitted or provided by you through the Mobile Application, including your use of the Mobile Application to provide a link to a web site or to upload content or other information using the Mobile Application, and, without limitation, our exercise of our rights with respect to such information. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section. You agree not to settle any matter subject to the forgoing indemnification obligations without our express consent and approval.
10. TERMINATION. We may suspend or terminate this License and the rights afforded to you hereunder at any time. We may do so for any or no reason, and with or without prior notice to you, in our sole and absolute discretion. If you fail to comply with this License, then this License and any rights afforded to you hereunder shall terminate automatically. Upon termination, you must stop using the Mobile Application and uninstall it from your Mobile Device.
11. APPLICABLE LAW; NO WAIVER; SEVERABILITY. This License, and the relationship between you and us, will be governed by the laws of the United States and the State of New York without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of this License will not constitute a waiver of such right or provision. If any provision of this License is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect.
12. GOVERNING JURISDICTION.
ANY DISPUTE WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK OR, IF SUCH COURT WOULD NOT HAVE JURISDICTION OVER THE MATTER, THEN ONLY IN AN NEW YORK STATE COURT SITTING IN NEW YORK, NEW YORK. EACH PARTY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THESE COURTS AND AGREES NOT TO COMMENCE ANY LEGAL ACTION UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS LICENSE IN ANY OTHER COURT OR FORUM. EACH PARTY WAIVES ANY OBJECTION TO THE LAYING OF THE VENUE OF ANY LEGAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS LICENSE IN THE FEDERAL OR STATE COURTS SITTING IN NEW YORK, NEW YORK, AND AGREES NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
13. Entire Agreement. Except as expressly stated herein, this License constitutes the entire agreement between you and us with respect to your use of the Mobile Application, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and us with respect to your use of the Mobile Application and/or the subject matter of this License.
14. CONTACT US. Any questions, complaints, or claims with respect to the Mobile Application should be directed to us at the following address:
Echo Response Technologies LLC
115 E 34th St., #1181
New York, NY 10156
United States of America
15. USAGE RULES RELATED TO YOUR MOBILE DEVICE. If you use an Apple, Inc. (“Apple”) mobile device (including an iPhone or iPad) to access or use the Mobile Application, the following additional terms and conditions apply:
a. You acknowledge that this License is between you and us only, and not with Apple, and that Apple is not responsible for the Mobile Application or the content thereof.
b. The license granted to you for the Mobile Application is a limited non-transferable license to use the Mobile Application on any Apple mobile device that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service.
c. Third parties, including Apple, are not responsible for any maintenance, support, intellectual property, product warranty or product claims, whether express or implied by law, for the Mobile Application. You acknowledge that Apple has no obligation to furnish any maintenance and support services with respect to the Mobile Application.
d. In the event of any failure of the Mobile Application to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price (if any) for the Mobile Application, but (to the maximum extent permitted by applicable law) will have no other warranty obligation whatsoever with respect to the Mobile Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
e. You acknowledge that we, not Apple, are responsible for addressing any claims of yours or any third party relating to the Mobile Application or your possession and/or use of such Mobile Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Application fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f. You acknowledge that, in the event of any third party claim that the Mobile Application (or your possession and use of the same) infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
h. 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 list of prohibited or restricted parties.
i. You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this License, and that, upon your acceptance of the terms and conditions of such License, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third party beneficiary.