Last updated 12/20/2018

Point One Navigation, INC.

APP END USER LICENSE AGREEMENT

Thank you for your decision to download software from Point One Navigation, Inc. (“Publisher”).  Publisher provides a software application for the iOS platform (the “App”), that enables a current customer of Publisher to access its customer account and to interact with the Publisher services subscribed to by the customer (the “Service”) via a mobile device.

The App is provided to you on a limited license, not sold to you.

By downloading or using the App, you:

  1. Acknowledge that the App is licensed, not sold to you, and that by downloading the App, or otherwise accessing or using the Service, you agree that you have read, understood, and agree to be bound by this End User License Agreement (the “EULA”) and the Publisher Terms of Use and related policies (the “Terms”) (available at pointonenav.com/terms), as updated from time to time, which govern your use of the App and the Service, into which this EULA is hereby incorporated by reference.  You may use the App and the Service only as set forth in this EULA and the Terms;
  2. Consent to the collection, use, sharing and transfer of your data, including, but not limited to, location data, as outlined in the Publisher Privacy Policy (available at http://pointonenav.com/privacy), as updated from time to time, which is hereby incorporated herein by reference;
  3. Acknowledge that third party terms and fees may apply to the use and operation of your mobile device in connection with your use of the App, such as your carrier’s terms of services, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees;
  4. Acknowledge that the App may contain third party content, and that Publisher is not responsible for any such content;
  5. Acknowledge that the App and the Service are provided “as-is” and without warranty of any kind, and that Publisher’s liability to you is limited; and
  6. Agree to and acknowledge the following terms and conditions, including without limitation the “Notice Regarding APPLE.”

TERMS GOVERNING APP USE, LOCATION-BASED SERVICES

Subject to the restrictions set forth in this EULA and the Terms, Publisher grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the App in object code format, solely for your personal use, on only one mobile device that you own or control.

TERMS GOVERNING USER POSTINGS As further set forth in the Terms, the App provides certain features that enable you to share and/or synchronize a variety of content with other users of the Service.  You, and not Publisher, are solely responsible for all content that you make available to other users through use of the Service.  Similarly, Publisher is not responsible to you for any content that is shared and/or synchronized with you by other users of the Service.

Publisher does not allow infringing materials to be shared and/or synchronized via the Service, and you agree and acknowledge that Publisher may remove any content that is the subject of Digital Millennium Copyright Act compliant takedown notices, and to disable accounts of users determined to be “repeat infringers.”  You further agree to indemnify and hold Publisher and its affiliates harmless from all claims, damages, and liabilities arising from your content, or any breach by you of this EULA or the Terms.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

THE APP AND THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PUBLISHER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.  PUBLISHER EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF LOCATION BASED SERVICES, AND WITH RESPCT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE APP OR SERVICE.  UNDER NO CIRCUMSTANCES WILL PUBLISHER BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APP OR THE SERVICE, EVEN IF PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL PUBLISHER’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS EULA OR THE TERMS EXCEED THE AMOUNTS PAID BY YOU FOR THE APP.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTICE REGARDING APPLE

You acknowledge that the Terms and this EULA are between you and Publisher only, not with APPLE, and APPLE is not responsible for the App and the content thereof.  APPLE has no obligation whatsoever to furnish any maintenance and support services with respect to the App.  You agree to comply with any applicable third party terms, when using the App.

In the event of any failure of an App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.  Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights.  Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and this EULA, and upon your acceptance of the Terms and this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms and this EULA against you as a third party beneficiary of the Terms and this EULA.

You hereby 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.

CONTACTING COMPANY

The Service hereunder is offered by:

Point One Navigation, Inc.

152 Beaver St

San Francisco CA 94114

info@pointonenav.com