End-User License Agreement
This SOJERN End-User License Agreement ("EULA") is a legal agreement between you as an individual and Sojern Inc., a Delaware corporation doing business as SOJERN, for the SOJERN Remote Airport Monitor product, which product may include associated software components and "online" or electronic documentation ("APPLICATION").
If you do not agree to the terms of this EULA, you are not authorized to download, operate, or otherwise use the APPLICATION.
1. BINDING EFFECT
By using the APPLICATION, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not authorized to download, operate, or otherwise use the APPLICATION.
2. GRANT OF LICENSE The APPLICATION is licensed by SOJERN for personal, noncommercial use on your iPhone and/or iPod Touch only for the sole purpose of access certain airline flight arrival and/or departure information made available by Sojern (“INFORMATION”). All other uses are prohibited.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS (a) Maintenance of Notices/Logos You must not remove or alter any copyright notices, trademark designations, logos or other similar markings on any copies of the APPLICATION or INFORMATION. (b) Distribution The license granted hereunder is non-transferable. The APPLICATION is licensed for your use only and only on an iPhone or iPod Touch that you own or control. You are authorized to use the APPLICATION solely to access the INFORMATION. You may not distribute the APPLICATION or INFORMATION to any third party. (c) No Engineering, Decompilation, Disassembly or Alteration You may not reverse engineer, decompile, or disassemble the APPLICATION, or otherwise alter the APPLICATION or INFORMATION except and only to the extent that such activity is expressly permitted by applicable law. (d) Rental You may not rent, lease, or lend the APPLICATION or INFORMATION. (e) Support Services SOJERN may in its sole discretion provide you with support services related to the APPLICATION ("Support Services"). SOJERN is not obligated to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of SOJERN hereunder. Any supplemental software code or other deliverable provided to you as part of any Support Services shall be considered part of the APPLICATION and, as between you and SOJERN, shall be and remain the sole property of SOJERN, and shall be subject to the terms and conditions of this EULA. Sojern may, in its sole discretion, condition the provision of Support Services upon the payment of a separate fee. SOJERN support may be reached by email at airportremote@sojern.com. (f) Compliance with Applicable Laws You will fully comply with all applicable laws regarding use of the APPLICATION and INFORMATION.
4. TERM; TERMINATION; MODIFICATION The term of this EULA will commence upon download of the APPLICATION and will continue for a term of one (1) year (the “Term”). After the Term Sojern may, in its sole discretion, elect to terminate the license and/or your ability to access the INFORMATION at any time without prior notice to you. Sojern will have no liability if it terminates the license and/or your ability to access the INFORMATION after expiration of the Term. Without prejudice to any other of its rights, SOJERN may unilaterally terminate this EULA and/or your ability to access the INFORMATION at any time, if SOJERN, in its sole determination, believes you have failed to comply with the terms and conditions of this EULA. Further, without prejudice to any of its other rights, Sojern may modify the INFORMATION, including the quality and quantity of content (flights, carriers, airports) supported and the manner in which it is presented, at any time without notice to you.
5. COPYRIGHT; OWNERSHIP The APPLICATION is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. As between you and SOJERN, the APPLICATION is the sole and exclusive property of SOJERN. Your use of the APPLICATION is solely controlled by this EULA which cannot be changed except by a written agreement executed between you and SOJERN. The APPLICATION is licensed, not sold. The INFORMATION is made available to you for your personal, non-commercial use only. As between you and SOJERN, all title and intellectual property rights in and to the INFORMATION and other content which may be accessed through use of the APPLICATION is the property of SOJERN and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such INFORMATION or other content except as expressly and unambiguously set forth herein. All rights not expressly granted are reserved by SOJERN.
6. NO WARRANTIES SOJERN expressly disclaims any warranty in, to, or for the APPLICATION and/or INFORMATION. The APPLICATION and/or INFORMATION are provided “As Is” and “Where Is” without any express or implied warranty of any kind. SOJERN EXPRESSLY WAIVES ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, OR CONTINUOUS OPERATION. The entire risk associated with (i) operation of the APPLICATION and (ii) access to and reliance upon the INFORMATION is assumed by you. SOJERN does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the APPLICATION and/or INFORMATION. SOJERN makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. SOJERN further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the APPLICATION and/or INFORMATION.
7. LIMITATION OF LIABILITY In no event shall SOJERN be liable for any damages (including, without limitation, direct, special, incidental, consequential, or punitive damages, lost profits, business interruption, or lost information) rising out of your use of or access to, or inability to use or gain access to, the APPLICATION and/or INFORMATION, or the use or access to, or inability to use or gain access to the APPLICATION and/or INFORMATION by any third party that may have access to the APPLICATION and/or INFORMATION by or through you, even if SOJERN has been advised of the possibility of such damages, and without regard to whether such damages, or claims of damages arise based in contract, tort or otherwise. SOJERN shall have no liability with respect to the content of the APPLICATION and/or INFORMATION or any part thereof, including but not limited to, errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. The limitation of liability set forth herein may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supercede local law.
8. YOUR REPRESENTATION TO SOJERN As a material inducement to SOJERN entering into this EULA with you, you represent to SOJERN that: (i) you are over eighteen (18) years of age, and have the full and unrestricted legal right to enter into agreements; (ii) you are not located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a “terrorist nation”; and (iii) you are not listed on any U.S. government list of prohibited or restricted parties.
9. GOOGLE ANALYTICS TERMS OF USE If the APPLICATION incorporates Google Analytics, then we reserve the right to anonymously track and report your activity inside of our app.
12. ENTIRE AGREEMENT
This EULA represents the entire agreement concerning the APPLICATION and/or INFORMATION between you and SOJERN, and it supersedes any prior proposal, representation, agreement, negotiation, offer, counteroffer, acceptance, understanding, or any contrary terms between the parties.
If you do not agree to the terms of this EULA, you are not authorized to download, operate, or otherwise use the APPLICATION.
1. BINDING EFFECT
By using the APPLICATION, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not authorized to download, operate, or otherwise use the APPLICATION.
2. GRANT OF LICENSE The APPLICATION is licensed by SOJERN for personal, noncommercial use on your iPhone and/or iPod Touch only for the sole purpose of access certain airline flight arrival and/or departure information made available by Sojern (“INFORMATION”). All other uses are prohibited.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS (a) Maintenance of Notices/Logos You must not remove or alter any copyright notices, trademark designations, logos or other similar markings on any copies of the APPLICATION or INFORMATION. (b) Distribution The license granted hereunder is non-transferable. The APPLICATION is licensed for your use only and only on an iPhone or iPod Touch that you own or control. You are authorized to use the APPLICATION solely to access the INFORMATION. You may not distribute the APPLICATION or INFORMATION to any third party. (c) No Engineering, Decompilation, Disassembly or Alteration You may not reverse engineer, decompile, or disassemble the APPLICATION, or otherwise alter the APPLICATION or INFORMATION except and only to the extent that such activity is expressly permitted by applicable law. (d) Rental You may not rent, lease, or lend the APPLICATION or INFORMATION. (e) Support Services SOJERN may in its sole discretion provide you with support services related to the APPLICATION ("Support Services"). SOJERN is not obligated to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of SOJERN hereunder. Any supplemental software code or other deliverable provided to you as part of any Support Services shall be considered part of the APPLICATION and, as between you and SOJERN, shall be and remain the sole property of SOJERN, and shall be subject to the terms and conditions of this EULA. Sojern may, in its sole discretion, condition the provision of Support Services upon the payment of a separate fee. SOJERN support may be reached by email at airportremote@sojern.com. (f) Compliance with Applicable Laws You will fully comply with all applicable laws regarding use of the APPLICATION and INFORMATION.
4. TERM; TERMINATION; MODIFICATION The term of this EULA will commence upon download of the APPLICATION and will continue for a term of one (1) year (the “Term”). After the Term Sojern may, in its sole discretion, elect to terminate the license and/or your ability to access the INFORMATION at any time without prior notice to you. Sojern will have no liability if it terminates the license and/or your ability to access the INFORMATION after expiration of the Term. Without prejudice to any other of its rights, SOJERN may unilaterally terminate this EULA and/or your ability to access the INFORMATION at any time, if SOJERN, in its sole determination, believes you have failed to comply with the terms and conditions of this EULA. Further, without prejudice to any of its other rights, Sojern may modify the INFORMATION, including the quality and quantity of content (flights, carriers, airports) supported and the manner in which it is presented, at any time without notice to you.
5. COPYRIGHT; OWNERSHIP The APPLICATION is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. As between you and SOJERN, the APPLICATION is the sole and exclusive property of SOJERN. Your use of the APPLICATION is solely controlled by this EULA which cannot be changed except by a written agreement executed between you and SOJERN. The APPLICATION is licensed, not sold. The INFORMATION is made available to you for your personal, non-commercial use only. As between you and SOJERN, all title and intellectual property rights in and to the INFORMATION and other content which may be accessed through use of the APPLICATION is the property of SOJERN and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such INFORMATION or other content except as expressly and unambiguously set forth herein. All rights not expressly granted are reserved by SOJERN.
6. NO WARRANTIES SOJERN expressly disclaims any warranty in, to, or for the APPLICATION and/or INFORMATION. The APPLICATION and/or INFORMATION are provided “As Is” and “Where Is” without any express or implied warranty of any kind. SOJERN EXPRESSLY WAIVES ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, OR CONTINUOUS OPERATION. The entire risk associated with (i) operation of the APPLICATION and (ii) access to and reliance upon the INFORMATION is assumed by you. SOJERN does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the APPLICATION and/or INFORMATION. SOJERN makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. SOJERN further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the APPLICATION and/or INFORMATION.
7. LIMITATION OF LIABILITY In no event shall SOJERN be liable for any damages (including, without limitation, direct, special, incidental, consequential, or punitive damages, lost profits, business interruption, or lost information) rising out of your use of or access to, or inability to use or gain access to, the APPLICATION and/or INFORMATION, or the use or access to, or inability to use or gain access to the APPLICATION and/or INFORMATION by any third party that may have access to the APPLICATION and/or INFORMATION by or through you, even if SOJERN has been advised of the possibility of such damages, and without regard to whether such damages, or claims of damages arise based in contract, tort or otherwise. SOJERN shall have no liability with respect to the content of the APPLICATION and/or INFORMATION or any part thereof, including but not limited to, errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. The limitation of liability set forth herein may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supercede local law.
8. YOUR REPRESENTATION TO SOJERN As a material inducement to SOJERN entering into this EULA with you, you represent to SOJERN that: (i) you are over eighteen (18) years of age, and have the full and unrestricted legal right to enter into agreements; (ii) you are not located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a “terrorist nation”; and (iii) you are not listed on any U.S. government list of prohibited or restricted parties.
9. GOOGLE ANALYTICS TERMS OF USE If the APPLICATION incorporates Google Analytics, then we reserve the right to anonymously track and report your activity inside of our app.
12. ENTIRE AGREEMENT
This EULA represents the entire agreement concerning the APPLICATION and/or INFORMATION between you and SOJERN, and it supersedes any prior proposal, representation, agreement, negotiation, offer, counteroffer, acceptance, understanding, or any contrary terms between the parties.