LineGuide End-User License Agreement (EULA)

Updated: November, 2017

 

INTRODUCTION

This Mobile Application End User License Agreement (this “Agreement”) is a binding agreement between you (“End User” or “you”), Fortaleza, LLC and LineGuide, LLC (the “Companies”). This Agreement governs your use of the LineGuide Application on the iOS, Android and Windows Phone, and on the internet portal (including all related documentation, the “Application”). The Application is licensed, not sold, to you.

 

BY DOWNLOADING AND INSTALLING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER, OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; 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 OR INSTALL THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

 

The "Application" consists of: (a) the LineGuide Geo-spatial industrial inspection a mobile application with web portal platforms provided in connection with an authorized link to this Agreement, including all application, code, text, graphics, logos, layouts, designs, interfaces, and other items included in or associated with the application; and (b) any files that are delivered to you by LineGuide (via online transmission, through a third party distributor, or otherwise) to patch, update, or otherwise modify the LineGuide mobile application.

 

The Application and Content, and your use of the Services, are also subject to LineGuides' Terms of Use and Privacy Policy (collectively "LineGuide Terms") which are incorporated into this Agreement by this reference. There may also be additional terms that LineGuide presents to you in connection with the Application, for example, at the time of download ("Additional Terms"). If there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly provide otherwise.

 

If you are obtaining the Application from a distribution channel such as the Apple App Store or the Android Marketplace ("Distribution Channel"), your purchase, if the application is paid, and any subscription, if the Application or its Content requires a subscription, may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. We, rather than the Distribution Channel, are responsible for the Application and the content thereof. Neither we nor the Distribution Channel has any obligation to furnish any maintenance and support services with respect to the Application.

 

The Application may use location-based services to locate you. If you choose to use the Application, you consent to LineGuide and its third party providers determining your location.

 

The "Application" allow team members to chat with each other. The Application may provide a means to upload, view, share and use other similar application, or other products and services offered by Fortaleza, LLC and LineGuide, LLC (collectively, the "Services"), and audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, application, data and other content associated with the Services ("Content"). The Application, Services and Content are copyrighted works of Fortaleza, LLC and LineGuide, LLC and may contain trademarks, service marks, trade names, and other intellectual property of Fortaleza, LLC and LineGuide, LLC. Also, note that LineGuide does not store messages, so therefore we cannot be held liable in the event that we are unable to retrieve messages, because we don't have the means to provide it in the future if requested even by authorities.

 

1.0 LICENSE GRANT AND USER RIGHTS

 

1.1 Scope of License: This license granted to you for the Product by us is limited to a non-transferable license to use the Application on any compatible device that you own or control. This license does not allow you to use the Application on any Compatible device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense or otherwise transfer in whole or in part the Application to another party. You may not create, develop, license, install, use, or deploy any third party application or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Application and these terms. You may not copy (except as expressly permitted by this license) or publish the Application for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). Any attempt to do so is a violation of our rights and that our licensors. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Application in any way that is against the law. The terms of the license will govern any upgrades provided by us that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

 

1.2 Title and Ownership: We retains all rights, title, and interest in and to the Application and its documentation and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, application, renewals, and extensions of such rights. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings in the Product and its documentation. You are not granted any rights to any of our trademarks or service marks. We retain all rights not expressly granted to you in these terms.
 

2.0 ACCEPTABLE USE POLICY/RESTRICTION

You agree not to misuse the application. You may not modify, adapt, decompile, disassemble or otherwise reverse engineer the Application, except to the extent this restriction is expressly prohibited by applicable law. You may not loan, rent, lease, or license the Application, but you may permanently transfer your rights under this Agreement provided you transfer this Agreement, the Application, and all our printed materials and retain no copies, and the recipient agrees to the terms of this Agreement. Any such transfer must include the most recent update and all prior versions.

You agree not to misuse the Services. The following list is not meant to be exhaustive, but is offered by way of illustration of prohibited uses. Users must not attempt to do the following:

  1. probe, scan, or test the vulnerability of any system or network;

  2. otherwise try to access the APIs by other means than the app user interface.

  3. breach or otherwise circumvent any security or authentication measures;

  4. interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;

  5. access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");

  6. And also that people cannot use the app to create span, share adult content or commit any other type of unlawful activities.

  7. send unsolicited communications, promotions or advertisements, or spam;

  8. send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";

  9. promote or advertise products or services other than your own without appropriate authorization;

  10. use automated or other means to create accounts in bulk or to access the Services other than by using our official interface and/or APIs;

  11. publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;

  12. violate the law in any way including storing, publishing or sharing material that's fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others.

 

We may review your conduct for compliance with these Terms and other policies, and may suspend or delete your account on a reasonable suspicion that a violation has occurred or may occur based on your use of these Services. In the event that users comes across other users that violate this terms, please do not hesitate to inform the administrators via support
 

3.0 RIGHTS RESERVATION

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 to the Application other than to use the Application in accordance with the license granted in this Agreement, and subject to all terms, conditions and restrictions under this Agreement. The Company reserves and shall retain its entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights in such intellectual property rights or relating to the same, except as expressly granted to you in this Agreement.

 

4.0 PROPERTY RIGHTS

The Application in its entirety and each part of it, are protected by applicable copyright laws, international treaty provisions and European directives.

 

The User acknowledges and agrees that the application, including but not limited to the source code, the structure and organization, and the Demos in its entirety and each part of it, are proprietary to us and/or our partners and contributors and that We and/or our partners retain exclusive ownership of all right, title and interest in and to the application, Demos, documentation and trademarks. As producer(s) of the databases contained in the application and the product package of the application, We and/or our partners and contributors retain all unique rights.

 

The User shall not remove, modify, destroy or obscure any proprietary, trademark or copyright markings or notices. The User will take all reasonable measures to protect our proprietary rights in the Application, the Demos, documentation and devices.

 

Apart from this license to use the Application, the User is not granted any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises or licenses with respect to the Application or the Demos.

 

All rights of any kind in the Application and the Demos, which are not expressly granted in this EULA, are entirely and exclusively reserved to and by us and/or our partners and contributors.

 

The User is however allowed to share the logos and artwork, which can be downloaded at the Website, meaning the User can copy, distribute and transmit them, but only for non-commercial purposes. Also the User cannot alter, transform or build upon these logos and artwork and the User has to respect our moral rights. In the event of any such reuse or distribution the User has to make these terms clear to others.

 

You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Fortaleza, LLC and LineGuide, LLC shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

5.0 COLLECTION AND USE OF YOUR INFORMATION

You acknowledge that when you download, install or use the Application, the Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. 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, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy located at www.kdlineguide.com/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.

6.0 CONTENT AND SERVICES.

The Application may provide you with access to the Company’s website located at www.kdlineguide.com (the “Website”) and products and services accessible on such Website, and certain features, functionality and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by the Website’s Terms of Use located at www.kdlineguide.com/terms_of_use and the Company’s Privacy Policy located at www.kdlineguide.com/privacy_policy, which are incorporated into this Agreement by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

 

7.0 GEOGRAPHIC RESTRICTIONS

The Content and Services are globally based and provided for access by and for the express usage of persons located around the world. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

 

8.0 UPDATES

The Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and 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 the 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: (a) the Application will automatically download and install all available Updates; or (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 of the Application 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.

 

9.0 PROPERTY RIGHTS

The Application in its entirety and each part of it, are protected by applicable copyright laws, international treaty provisions and European directives.

The User acknowledges and agrees that the application, including but not limited to the source code, the structure and organization, and the Demos in its entirety and each part of it, are proprietary to us and/or our partners and contributors and that We and/or our partners retain exclusive ownership of all right, title and interest in and to the application, Demos, documentation and trademarks. As producer(s) of the databases contained in the application and the product package of the application, We and/or our partners and contributors retain all unique rights.

The User shall not remove, modify, destroy or obscure any proprietary, trademark or copyright markings or notices. The User will take all reasonable measures to protect our proprietary rights in the Application, the Demos, documentation and devices.

Apart from this license to use the Application, the User is not granted any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises or licenses with respect to the Application or the Demos.

All rights of any kind in the Application and the Demos, which are not expressly granted in this EULA, are entirely and exclusively reserved to and by us and/or our partners and contributors.

The User is however allowed to share the logos and artwork, which can be downloaded at the Website, meaning the User can copy, distribute and transmit them, but only for non-commercial purposes. Also the User cannot alter, transform or build upon these logos and artwork and the User has to respect our moral rights. In the event of any such reuse or distribution the User has to make these terms clear to others.

You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at Your sole risk and that the Fortaleza, LLC and LineGuide, LLC shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

 

10.0 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.

 

11.0 LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF COVER, SUBSTITUTE GOODS, OUT OF POCKET COSTS OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. THEREFORE, IN THE PROCESS OF USAGE, WE ARE NOT RESPONSIBLE FOR ANY MISHAPS (CRASHES) WHILE USING LINEGUIDE

 

12.0 PRIVACY POLICY

You represent that You shall comply with the terms and conditions of the our Privacy Policy, which sets forth and describes our practices with respect to the collection, use and disclosure of Information in connection with Your use of the Application. We reserve the right to change the provisions of its Privacy Policy at any time and from time to time at its sole discretion.

We will post any changes to its Privacy Policy at the web address set forth in the preamble to this License. Your use of the Application following the posting of such changes to the Privacy Policy will constitute your acceptance of any such changes.

 

13.0 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 the Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other similar aspect. The 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 to such materials are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

 

14.0 TERM AND TERMINATION

The term of Agreement commences when you download and install the Application and will continue in effect until terminated by you or the Company as set forth in this Section. You may terminate this Agreement by deleting the Application and all copies of the Application from your Mobile Device.

The Company may terminate this Agreement at any time without notice if it ceases to support the Application, which the Company may do in its sole discretion, or if you are in default under any of the following: Terms of Use located at www.kdlineguide.com/terms_of_use. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

Upon termination: (i.) all rights granted to you under this Agreement will also terminate; and (ii.) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of the Company’s rights or remedies at law or in equity.

15.0 INDEMNIFICATION

You agree to indemnify, defend and hold harmless the 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. Furthermore, you agree that the Company assumes no responsibility for the content you submit or make available through this Application.

16.0 EXPORT REGULATION

The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. 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.

 

17.0 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.

18.0 GOVERNING LAW

This Agreement is governed by and construed in accordance with the internal laws of the state of Oklahoma 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 Oklahoma in each case located in the County of Tulsa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19.0 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.

 

20.0 ENTIRE AGREEMENT

This Agreement and the Company’s Terms of Use, Privacy Policy constitute the entire agreement between you and the Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

 

21.0 WAIVER

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

22.0 OTHER

LineGuide is a registered trademark of Fortaleza, LLC and LineGuide, LLC in the United States of America (registration pending) and other countries and distributed by Fortaleza, LLC through Apple App Store and Google via play store.

 

23.0 END USER ACKNOWLEDGEMENT

The User acknowledges to have read and understood this EULA and agrees to be bound by its terms. The express terms of the EULA are in lieu of all implied warranties of merchantability, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.

 

24.0 CONTACT INFORMATION

You may contact LineGuide at:

Fortaleza, LLC and LineGuide, LLC

PO Box 31, Chelsea,

OK 74016, USA.

operations@kdlineguide.com

www.kdlineguide.com


 

If you have any questions, claims, or complaints, you should notify us through the contact or help feature of the relevant Service.

You hereby acknowledge that you have read and understood this Agreement and agree that by clicking "Accept" or by installing, copying, or using the Application you are acknowledging your agreement to be bound by this Agreement.