EULA -  END-USER LICENSE AGREEMENT

 

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR USING THE APP FROM THE APP STORES

 

Last updated: May 21 2018

 

This end-user license agreement (EULA) is a legal agreement between you (End-user or you) and Ideation Connect LLC and Town of Benson, North Carolina (Licensor, us or we) for:

 

Benson NC mobile application software (App);

 

We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by the Google Android application store https://play.google.com/intl/en-US_us/about/play-terms.html and Apple store agreement https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

 

We do not sell the App  to you. We and/or the owners of the App  remain the owners of the App at all times.

 

IMPORTANT NOTICE:

By downloading the App from store on your device you agree to the terms of the license which will bind you. The terms of the license include, in particular, limitations on liability in condition as described in this document section 10. Please review this agreement carefully before installation and/or you use this application.

 

If you do not agree to the terms of this license, we will not license the App to you and you must stop using the App and you should remove App from your device immediately. You should print a copy of this EULA for future reference.

 

OPERATING SYSTEMS REQUIREMENTS:

Š       In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').

Š        The Software Requirements are as follows: Apple iOS devices running iOS 6 or above, and Android OS devices running Android OS 4.1 up or up; Language: English ONLY.

Š       The version of the Application software may be upgraded from time to time to add support for new functions and services

 

 

AGREED TERMS

 

1.     ACKNOWLEDGEMENTS

 

1.1   The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source license may override some of the terms of this EULA.

 

1.2   We may change these terms at any time by sending you an “In-App notification” with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.

 

 

1.3   From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.

 

1.4   You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

 

1.5   If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in Operating Systems Requirements and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

 

1.6   By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

 

1.7   The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

 

1.8   Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

 

2.      GRANT AND SCOPE OF LICENCE

 

2.1   In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive, royalty-free-revocable license to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.

 

2.2   You may:  (a) download a copy of the App onto an Android or iOS device and to view, use and display the App on the Devices for your personal purposes only;

 

3.     DATA PROTECTION

 

Any personal information you supply to us when using the Application will be used in accordance with our Privacy Policy.

 

4.     INTELLECTUAL PROPRIETARY RIGHTS

 

4.1   All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by Ideation Connect Inc. or by Ideation Connect Inc.’s licensors.

4.2   You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use in accordance with the terms of this EULA.

4.3   You acknowledge that you have no right to have access to the App in source-code form.

 

 

 

5.     LICENCE RESTRICTIONS

 

Except as expressly set out in this EULA or as permitted by any local law, you agree:

a)      not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

b)     not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

c)      not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

d)     not to alter, modify, disassemble, decompile, reverse-engineer, transfer, exchange or translate the Application; or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

e)      is used only for the purpose of achieving inter-operability of the App with another software program;

f)      is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

g)     is not used to create any software that is substantially similar to the App;

h)     to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

i)      to include our copyright notice on all entire and partial copies you make of the App on any medium;

j)      not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

k)     to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology), together License Restrictions.

 

6.     ACCEPTABLE USE RESTRICTIONS

       You must:

a)      not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any

manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

b)     not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service(to the extent that such use is not licensed by this EULA);

c)      not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

d)     not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

e)      not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

 

7.     EVENTS OUTSIDE OUR CONTROL

 

7.1   We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

7.2    If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA: our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

 

 

8.     AVAILABILITY

 

8.1   This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. We will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors or events outside our reasonable control.

8.2   We and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.

8.3   We will not be responsible for any support or maintenance for the Application. Support will be provided as per best commercial efforts.

 

9.     TERMINATION

 

9.1   The Application is currently made available to you free of charge for your personal, non-commercial use. We reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these EULA at any time and for any reason.

9.2   We may terminate use of the Application at any time by giving written notice of termination to you.

a)      if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

b)     if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and

c)      on thirty days’ notice

9.3   Upon any termination for any reason:

a)      all rights granted to you under this EULA shall cease;

b)     you must immediately cease all activities authorised by this EULA;

c)      you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.

 

 

10.   LIMITATION OF LIABILITY

 

10.1 We only supply the App for Town to its residents communication usage. In no event will we be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.

10.2 We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.

10.3 Nothing in these EULA shall exclude or limit Ideation Connect or Town of Benson’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

 

11.   DISCLAIMER OF WARRANTIES

 

11.1You expressly acknowledge and agree that use of the App and Services provided is at your sole risk

and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

11.2 To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the

Supply of Goods and Services Act 1982, Ideation Connect hereby disclaims all implied warranties with regard to the Application. The Application and software are provided "as is" and "as available" with all

faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App, Documents and Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the App or Services, that the functions contained in the App or Services will meet your requirements, that the operation of the App or Services will be uninterrupted or error-free, or that defects in the App or Services will be corrected. No oral or written information or advice given by us or our authorized representative shall create a warranty. Should the App or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.

 

12.   COMMUNICATION BETWEEN US

 

12.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at apps@ideationconnect.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.

12.2 If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provide to us in your request for the App.

 

13.   OTHER IMPORTANT TERMS

 

13.1 We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.

13.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

13.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

13.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

13.5Please note that this EULA, its subject matter and its formation, are governed under the copyright laws of the United State.