End User License Agreement
This End User License Agreement (“EULA”) is a binding contract between My Open Road Corp. (“My Open Road”) and you (“You”), as a user of the My Open Road application (the “Licensed Application”) downloaded from Apple’s App Store. The Licensed Application is licensed, not sold, to You for use only under the terms of this EULA. This EULA is concluded between You and My Open Road, and not with Apple, and My Open Road, not Apple, is solely responsible for the Licensed Application and the content thereof. My Open Road reserves all rights not expressly granted to You.
a. Scope of License: My Open Road grants to You a non-transferable, non-exclusive, revocable license to use the Licensed Application on any iPhone, iPad or iPod touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service (the “Usage Rules”). This license does not allow You to use the Licensed Application on any iPod touch, iPad or iPhone that You do not own or control, and 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 rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of My Open Road. If You breach this restriction, You may be subject to prosecution and damages. The terms of this EULA will govern any upgrades provided by My Open Road that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
c. Termination. The EULA is effective until terminated by You or My Open Road. Your rights under this EULA will terminate automatically without notice from My Open Road if You fail to comply with any term of this EULA. Upon termination of this EULA, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials. The Licensed Application may enable access to My Open Road’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service. The information provided by the Licensed Application is provided to You for informational and reference purposes only. While every effort has been made to ensure the quality and accuracy of information displayed through the Licensed Application, My Open Road shall not be held responsible for incomplete, inaccurate, invalid or incorrect information displayed through the Licensed Application.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that My Open Road is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. My Open Road does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third party Services or Third Party Materials. Third Party Materials and links to other web sites are provided solely as a convenience to You. Neither My Open Road, nor any of its content providers, guarantees the availability, accuracy, completeness, or reliability of any Services. You should exercise judgment in your use of any Services.
You agree that Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that My Open Road is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, Services that may be accessed from, displayed on or linked to from the iPhone, iPad or iPod touch are not available in all languages or in all countries. My Open Road makes no representation that Services are appropriate or available for use in any particular location. To the extent You choose to access such Services, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. My Open Road and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will My Open Road be liable for the removal of or disabling of access to any such Services. My Open Road may also impose limits on the use of or access to certain Services without notice or liability. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
e. No Warranty. USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. 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 MY OPEN ROAD 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 CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MY OPEN ROAD DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MY OPEN ROAD 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Licensed Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. My Open Road, not Apple, is responsible for addressing any claims by You or any third party relating to the Licensed Application or Your possession and use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim against My Open Road that the Licensed Application or Your possession and use of the Licensed Application infringes a third party’s intellectual property rights, My Open Road, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MY OPEN ROAD BE LIABLE FOR PERSONAL 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 OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MY OPEN ROAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall My Open Road’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. 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 list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s 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, missiles, or chemical or biological weapons.
h. Government Users. 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 reserved under the copyright laws of the United States.
i. Governing Law. The laws of California, excluding its conflicts of law rules, govern this license and Your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
j. Third Party Beneficiary. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and, upon Your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.
k. Contact Information. Your questions, complaints or claims with respect to the Licensed Application should be directed to:
My Open Road Corp.