THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF WWW.AEROSCOUT.COM (TOGETHER WITH THE MATERIALS, THE "SITE") OF AEROSCOUT, INC. ("AEROSCOUT" or "WE"), AND ARE LEGALLY BINDING ON YOU.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
General Use Restrictions
All information and materials provided on this Site, including downloadable files, trademarks, logos, graphics, and images (the "Materials") are provided to you by AeroScout.
AeroScout grants you the limited right to display the Materials only on your computer, and to copy and download the information and Materials for your own personal or internal business use, provided that: (1) both the AeroScout copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied, or downloaded, and (2) such display, copy, or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast or published in any media). You acknowledge and agree that you have no right to modify, edit, alter, or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and printed Materials.
Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials, without the advance written authorization of AeroScout.
Third Party Content
Certain information and content may be provided by third parties to AeroScout ("Third Party Content"). The Third Party Content is, in each case, the property of the creator/owner. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter, or enhance any of the Third Party Content in any manner. AEROSCOUT DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
Forum User Submissions
A. The Site may offer registered users access to an online forum concerning AeroScout's products (the "Forum"). To the extent you are granted access to the Forum, you may post certain information or other content on the Forum (“User Submissions”). You shall be solely responsible for Your User Submissions and the consequences of posting or publishing them. AeroScout has the right in its sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on its Site (including User Submission) at any time and for any reason. Without limiting the foregoing, AeroScout has the right to delete any comment that it believes, in its sole discretion, does or may violate these Terms by You. AeroScout further reserves the right to terminate your access to the Forum without notice in case you violate these Terms.
B. You represent and warrant that: You own or have the necessary rights and permissions to use and authorize AeroScout to use all Intellectual Property Rights in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Site, the Forum and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of Your ownership rights in Your User Submissions. However, by submitting the User Submissions to AeroScout, You hereby grant AeroScout a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site, the Forum and AeroScout's (and its successor's) business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels and You hereby waive any moral rights in Your User Submission, to the extent permitted by law. C. You agree that You will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (vii) involves theft, money laundering or terrorism; (viii) is otherwise malicious or fraudulent; or (ix) infringes or misappropriates a third party's privacy rights or violates any applicable law, including without limitation, patient privacy laws.
D. You understand that when using the Forum, You will be exposed to User Submissions from a variety of sources, and that AeroScout is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You may have against AeroScout with respect thereto, and agree to indemnify and hold AeroScout, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Site.
E. You agree that you will maintain confidential all User Submissions or other information available through the Forum. Nevertheless, you understand that AeroScout cannot and does not guarantee any confidentiality with respect to any User Submissions and that AeroScout further has the right to use the User Submissions as contemplated in subsection B above.
You agree not to "frame" or "mirror" any Materials, or Third Party Content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of AeroScout or its licensors, respectively.
Third Party Interaction
In your use of the Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors showing their goods and/or services on or through the Site. Unless otherwise stated, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase, or promotion, is solely between you and the applicable third party. You agree that AeroScout has no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.
Links to Third Party Sites
Restricted Areas of the Site
Certain areas of the Site are password restricted to authorized users or require you to provide personal information and create a User Account. If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your account information and your password(s) or your employees' passwords, if any, and agree to notify AeroScout if any password(s) is/are lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify AeroScout of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
You acknowledge that any unauthorized use of any Materials, User Submissions or Third Party Content contained on this Site (collectively, the "Site Content") may violate copyright laws, trademark laws, the laws of privacy, and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your screen name and/or password. As such, you agree to hold AeroScout entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by AeroScout in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person on your behalf or using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.
"AeroScout" is a registered trademark of AeroScout in the United States and other countries. All other marks, names, and logos mentioned herein are the property of their respective owners.
AeroScout controls and operates this Site from its headquarters in the United States of America and a third party hosting service. AeroScout makes no representation that the Site Content is appropriate or will be available for use in other locations. If you use this Site from outside the United States, you are responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Site Content.
AeroScout reserves the right to refuse to sell or make available any Site Content, products, or services to any person or entity if AeroScout reasonably believes that such sale or shipment will violate the applicable export control laws or regulations. The placement of an order does not constitute the acceptance of the order by AeroScout.
AeroScout may monitor accounts for system utilization. You agree that, if AeroScout becomes aware of inappropriate use of the Site or any AeroScout service, AeroScout may take any actions it deems appropriate. You acknowledge that AeroScout will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. When requested, AeroScout will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
If you violate these Terms, AeroScout reserves the right to terminate service to you without notice. AeroScout's preferred course of action, however, is to advise you of your inappropriate behavior and recommend any necessary corrective action.
All information on this Site including documents, products, software, services, graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of AeroScout, Copyright © 2008-2011 AeroScout, Inc., unless otherwise specified. All rights not expressly granted herein are reserved. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
AEROSCOUT RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS, AND WE ASK OUR USERS TO DO THE SAME. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), AeroScout has designated an agent (specified below) to receive notifications of claimed copyright infringement on its site. Please be advised that AeroScout enforces a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.
IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED ON THE SITE IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE PROVIDE AEROSCOUT'S COPYRIGHT AGENT THE FOLLOWING INFORMATION:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
AeroScout's agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
By phone: +1 650 596 2994
Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you believe that the material you posted was removed by mistake, and that you have the right to post the material, you may elect to send us a counter notice. To be effective the counter-notification must be a written communication provided to AeroScout's copyright agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
(a) A physical or electronic signature of the authorized user.
Such written notice should be sent to our designated agent as follows:
By phone: +1 650 596 2994
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Disclaimer of Warranties
You acknowledge and agree that the Site Content may include certain errors, omissions or outdated information which may affect the quality thereof. AeroScout does not warrant the accuracy or timeliness of the Site Content, and you agree that AeroScout has no liability for any errors or omissions therein, whether provided by AeroScout or its licensors.
AEROSCOUT, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE OPERATION OF THIS SITE, THE QUALITY, SUITABILITY, ACCURACY, OR COMPLETENESS OF ANY SITE CONTENT, . UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY SITE CONTENT IS PROVIDED TO YOU ON AN "AS IS" BASIS, FOR PERSONAL USE ONLY.
ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AEROSCOUT SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR use of, or inability to use, the site, THE SITE CONTENT OR services OR PRODUCTS AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL AEROSCOUT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, reputation, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL BASIS, EVEN IF AEROSCOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In any event you agree that AeroScout's total liability to you for all damages, losses AND CLAIMS shall not UNDER any circumstances exceed the greater of (a) the aggregate of the amount (if any) paid by you in the 12 months immediately preceding THE bringing of THE aPPLICABLE claim against Aeroscout, or (b) $100.
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so some of the exclusions set forth above may not apply to you.
You agree to defend, indemnify and hold harmless AeroScout, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site and/or the Site Content; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right. This defense, hold harmless and indemnification obligation will survive these Terms and your use of the Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AeroScout without restriction or notification to you.
Revisions to the Terms and Site
You agree that AeroScout and its licensors may make improvements and/or changes in the Site Content, and products, services, programs, and prices described in or offered on this Site, at any time without notice, and further agree that AeroScout can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.
Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in San Mateo County in the State of California for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of AeroScout to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AeroScout in writing. Except with respect to the Purchase Order in connection with the AeroScout University Service, the Terms comprise the entire agreement between you and AeroScout regarding the subject matter contained herein and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between AeroScout and you regarding the subject matter contained herein.
Last updated: December 20, 2011
AeroScout App End User License Agreement