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Spot Reporters

End User License Agreement and Terms of Use

This Mobile Application End User License Agreement and Terms of Use (“Agreement”) is a binding agreement between you (“End User” or “you”) and Connected Bits LLC, a New Hampshire limited liability company (“Company”). This Agreement governs your use of Spot Reporters, (including all related documentation, the “Application”). The Application is licensed, not sold, to you.

BY DOWNLOADING, INSTALLING, AND/OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND IMMEDIATELY REMOVE IT FROM YOUR DEVICE.

1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:

  1. (a) download, install, and use the Application for your personal, non-commercial use on mobile devices owned or otherwise controlled by you (“Mobile Devices”) strictly in accordance with the Application’s documentation; and
  2. (b) access and use on such Mobile Devices the Content and Services (as defined in Section 7) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 7.

2. License Restrictions. You shall not:

  1. (a) copy the Application or its installation packages, or any Content and Services, except as expressly permitted by this license;
  2. (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable or copyrightable, of the Application or any Content and Services;
  3. (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof, or of any Content and Services;
  4. (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application or any Content and Services, including any copy thereof;
  5. (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, or any Content and Services, to any third party for any reason; or
  6. (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application or any Content and Services.

3. Conduct Restrictions. You shall not use the Application or any Content and Services in, or in association with, or in furtherance of, whether directly or indirectly, any activity that may be harmful or offensive to others, or that may violate any third party’s rights, or that may violate any applicable federal, state, local, or foreign law (statutory, common, or otherwise), constitution, treaty, convention, ordinance, code, rule, regulation, order, injunction, judgment, decree, ruling or other similar requirement (collectively “Law”). Such prohibited activities include but are not limited to:

  1. (a) submitting any content that is false or inaccurate;
  2. (b) submitting, linking to, or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  3. (c) harming minors in any way;
  4. (d) impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or your affiliation with a person or entity;
  5. (e) submitting or otherwise making available any content that you do have a right to make available under any Law or contractual or fiduciary relationship, including any content that infringes any intellectual property rights of another party;
  6. (f) submitting, linking to, or otherwise making available any unsolicited or unauthorized advertising, promotional materials, “spam,” or any other form of communication not relevant to the Content and Services; and
  7. (g) “stalking,” harassing, or collecting or storing personal data about any other user or any other person.

4. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company (and its licensors and service providers, where applicable) reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

5. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may collect information (including, for example, through cookies and web beacons) about your Mobile Device, your use of the Application, and other related information to facilitate software updates, support, and improvements. When you communicate through the Application, including by sending reports, the Company may collect the contents of those communications. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our Privacy Policy, as amended from time to time, available at https://connectedbits.com/privacy (the “Privacy Policy”). By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

6. Municipal and Other Government Client Terms and Conditions. By downloading, installing, using, or providing information to or through this Application, you authorize the Company to provide information collected per Section 5 above to the Company’s municipal and other government clients, consistent with the terms of this Agreement and the Privacy Policy. You acknowledge and agree that (a) such information shall be governed by the privacy policies and any terms of use or similar documentation (collectively, “Government Policies”) maintained by the relevant municipality or other government client, and (b) the Government Policies are maintained by the relevant municipality and other government client, independent of the Company. You further acknowledge and agree that the Government Policies may (i) create terms and conditions governing your use of and access to the Application that are in addition to those contained in this Agreement and the Privacy Policy, and (ii) grant the relevant municipality or other government client the right to terminate your use of and access to the Application, and that such rights are independent of the Company’s rights under this Agreement and the Privacy Policy. By downloading, installing, using, or providing information to or through this Application, you acknowledge and agree that you have read, have agreed to, and will comply with the terms of all relevant Government Policies.

7. Content and Services. The Application may provide you with access to certain services, features, functionality, and content provided by the Company and third parties (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by this Agreement and the Privacy Policy, which is incorporated herein by this reference.

8. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

  1. (a) the Application will automatically download and install all available Updates; or
  2. (b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

9. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. You agree that your access and use of Third‑Party Materials shall comply with all applicable third-party terms and conditions and all applicable Laws.

10. Term and Termination.

  1. (a) The term of this Agreement commences when you download the Application and will continue in effect until terminated by you or Company as set forth in this Section 10.
  2. (b) You may terminate this Agreement by removing the Application and all copies thereof from your Mobile Device.
  3. (c) Company may terminate this Agreement at any time without notice in its sole discretion for any reason or no reason. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
  4. (d) Upon termination:
    1. (i) all rights granted to you under this Agreement will also terminate; and
    2. (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
  5. (e) Termination will not limit any of Company’s rights or remedies at law or in equity.

11. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

  1. (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
  2. (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

13. Limitation of Mobile App Store Liability.

  1. (a) You acknowledge and agree that the Mobile App Store shall not be liable for or responsible for addressing any claims by you or any third party related to the Application or your use of the Application, including but not limited to: (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection, privacy, or similar legislation, and (iv) intellectual property infringement claims. “Mobile App Store” means, as the case may be, one of the following approved online services from which you downloaded and installed the Application to your Mobile Device: (1) Apple’s “iTunes App Store”, (2) Google’s “Android Marketplace”, and (3) Microsoft’s “Windows Marketplace for Mobile”.
  2. (b) You acknowledge and agree that as between the Company and the Mobile App Store, the Mobile App Store shall have no responsibility for the investigation, defense, settlement, and/or discharge of any third-party intellectual property infringement claim related to the Application or your use of the Application. Subject to the limitations set forth in Section 11 and Section 12, above, the Company shall be responsible for any such investigation, defense, settlement, or discharge.
  3. (c) Subject to the limitations set forth in Section 11 and Section 12, above, in the event the Application fails to conform to any applicable undisclaimed warranty, you may notify the Mobile App Store of such nonconformance for a refund of the purchase price you paid to the Mobile App Store for access to the Application, if any, and such refund shall be your sole and exclusive remedy for such nonconformance.

14. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

15. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and (ii) you are not listed on any US Government list of prohibited or restricted parties. Further, you agree that you shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

16. US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

17. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

18. Amendments to this Agreement. We may amend this Agreement from time to time. Your use of the Application is governed by the Agreement in effect at the time of each use. If we make changes to this Agreement, we will notify you by posting an announcement on our website, sending you a notice through the Application, or sending you an email. You are bound by any changes to this Agreement when you use the Application after such changes have been first posted.

19. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

22. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.