SPOT Legal Notices and End User License Agreement For the SPOT Communicator
Effective: 21 July
2010. Spot, LLC reserves the right to change these terms and conditions
at any time.
Updates will be
posted to http://www.findmespot.com.
Service may become limited or temporarily unavailable without notice from
time to time due to any number of reasons associated with managing a Satellite
System. Further, this satellite-based service requires a clear line
of sight between the SPOT Communicator unit and the satellite; therefore, the
service is inherently subject to transmission and reception limitations.
Further information regarding service coverage and potential interruptions can
be found in Spot LLC’s SPOT Subscriber Terms
and Conditions of Service (“Terms of Service”) available at www.findmespot.com.
To the fullest extent permitted by law, your use of this product
constitutes acceptance of the fact that SPOT LLC and its Service Providers and
affiliates, and their affiliates, respective employees, directors, officers,
agents and suppliers, hereby expressly limit liability for any claims, damages,
losses, costs and expenses incurred by you, however caused and even if
such damages were reasonably forseeable, to a total, maximum aggregate value
not to exceed the amount of service fees paid by you. Further information
concerning the limitations of liability for use of this product and service can
be found in the Terms of Service available at www.findmespot.com.
For the complete Legal Notices for the SPOT Satellite Communicator
and SPOT satellite messaging service, including the Notice to User / Acceptance
of Terms
1)
Use of Your SPOT Communicator
2)
Hardware Limited Warranty
3)
Copyrights, Intellectual Property,
Patents and Documentation
4)
SPOT Satellite Service
5)
End User License Agreement
6)
Notice to User / Acceptance of Terms
7)
Use of Your SPOT Communicator
8)
Hardware Limited Warranty
9)
Copyrights, Intellectual Property,
Patents and Documentation
10)
SPOT Satellite Service
11)
End User License Agreement
1)
NOTICE TO USER / ACCEPTANCE OF TERMS.
PLEASE READ THESE LEGAL NOTICES
CAREFULLY. BY USING YOUR SPOT
COMMUNICATOR FOR DELORME AND/OR THE SERVICE, YOU ACCEPT ALL TERMS AND
CONDITIONS OF THESE LEGAL NOTICES, INCLUDING THOSE LEGAL AGREEMENTS AND TERMS
AND CONDITIONS WHICH HAVE BEEN INCORPORATED BY REFERENCE INTO THESE LEGAL
NOTICES. THIS INCLUDES, BUT IS NOT
LIMITED TO, THE SPOT COMMUNICATOR LIMITED WARRANTY, THE TERMS OF SERVICE AND
THE EULA AND ANY AND ALL LIMITATIONS OF LIABILITY AND/OR DISCLAIMER OF WARRANTY
CONTAINED THEREIN. YOU UNDERSTAND
AND AGREE THAT YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO SUBSCRIBE TO
THE SERVICE. YOU UNDERSTAND AND AGREE THAT THESE LEGAL NOTICES ARE
ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THE SPOT COMMUNICATOR AND
PROMPLTY RETURN IT TO THE
PLACE WHERE YOU OBTAINED IT. YOU WILL ALSO BE REQUIRED TO READ AND
ACCEPT THE SPOT SUBSCRIBER TERMS OF SERVICE WHEN YOU SUBSCRIBE TO THE
ASSOCIATED SPOT SERVICE.
2)
USE OF YOUR SPOT COMMUNICATOR.
2.1 The SPOT
Communicator. The SPOT Communicator is manufactured in China for Spot LLC,
headquartered at 461 South Milpitas Boulevard, Milpitas, California 95035. The primary distribution within the
United States and Canada is through DeLorme’s distribution channels. As further described below, a separate
service subscription offered by Spot LLC or its Affiliate is required.
2.2 Familiarization with
your SPOT Communicator. You understand and agree that it is your responsibility to
familiarize yourself with the operation of your SPOT Communicator and DeLorme
PN60w, including reading your User Guide.
You agree that you will use the SPOT Communicator only in accordance
with those instructions. It is
also highly recommended that you review the FAQs and video tutorials available at
www.findmespot.com and practice properly using your SPOT Communicator by sending
test messages and fixing your GPS coordinates as described.
2.3 Coverage. You may use your SPOT Communicator and DeLorme PN60w anywhere
there is coverage (subject to the applicable restrictions due to local laws,
licensing/certification requirements and regulations). Currently the DeLorme PN60w is designed
for use in, and only contains maps for,North America. If you still choose to roam outside of
North America with your DeLorme PN60w and SPOT Communicator in regions that
have SPOT coverage, most SPOT messaging functions will be available for
use. Type and Send is only
supported for North American recipients. Please check www.delorme.com
and/or www.findmespot.com for the current
coverage areas and available messaging functions by region. In Russia, the GPS accuracy of your
SPOT Communicator is limited (degraded) in accordance with the Russian
regulations restricting the accuracy of GPS performance for devices utilized in
Russia. For a complete list of the
certifications applicable to your SPOT Communicator and/or the DeLorme PN60w,
please see the FAQ section of www.findmespot.com.
2.4 Important Tips. Your SPOT Communicator needs
a clear view of the sky to obtain a GPS signal and provides the most accurate
location information. It is not reliable indoors, in a cave, or in very
dense woods, Orienting your SPOT Communicator so that the SPOT logo
is facing up toward the sky will improve performance as the antenna is located
under the logo, and you should keep your SPOT Communicator at least 12 inches
away from other GPS devices.
Please read your User Guide and follow the instructions to pair your
DeLorme PN60w with your SPOT Communicator.
2.5 Message Schedule. Redundancy is built into your SPOT
Communicator to ensure more of your messages are transmitted. It is
normal for some SPOT messages to be blocked by everyday conditions, the view of
the sky is often blocked due to hills, buildings, or other obstructions.
This is why SPOT automatically sends multiple messages in every mode, giving
you excellent overall reliability. In some modes this means multiple
attempts to send the same message, while in other modes it means regularly
updating GPS coordinates and sending a new message. Placement of your
SPOT unit can make a difference. Experiment with placement until you are
familiar with the reliability of your operating environment.
2.6 Complete and Accurate Information.
You acknowledge and accept that the information required in your SPOT user
account, including your Registration Data, contact information, designated
contacts, social connectivity settings, supported SPOT Service options and
pre-programmed messages, is essential for proper provision of the Service.
You accordingly certify that the information supplied by you is accurate in all
respects. It is your responsibility to ensure that the information
supplied by you remains accurate, complete and up to date. Changing your
address from one country to another country (for example from the US to Canada)
may require service level changes and might incur additional charges on your
account. When composing SPOT messages, you acknowledge and agree that it
is your sole responsibility to ensure that you select the intended designated
contact from your available contacts and are satisfied with the content of your
SPOT message prior to sending it. Please contact customer care for assistance.
2.7 Synchronization of Data. You acknowledge that it is your sole
responsibility to ensure that you have followed the synchronization process
outlined in your User Guide to export any updates and/or changes to your SPOT
Registration Data, contact information, designated contacts, social
connectivity settings, supported SPOT Service options and pre-programmed
messages from your SPOT account to your DeLorme PN60w.
2.8 False SOS Emergency
Transmissions. You are solely responsible for any charges that may be assessed by
emergency responders for either false SOS emergency signals and/or in relation
to serach and rescue activities resulting from you or your authorized user’s
transmission of a SOS Emergency Transmission. Please see the full terms at www.findmespot.com.
2.9 Support and Customer
Service. More
information about your SPOT Communicator and the associated Service is
available at www.findmespot.com or by contacting SPOT Customer Service at customerservice@findmespot.com or via phone at: 866-OK1-SPOT. Please contact DeLorme Customer Service for questions
regarding the operation of your DeLorme PN60w.
For the current and full terms
and conditions governing the use of your SPOT Communicator, please visit www.findmespot.com. These terms and conditions may be updated by Spot LLC at
anytime and without notice. If
there is any conflict between the terms contained in these Legal Notices and
the terms contained at www.findmespot.com, then the terms contained at www.findmespot.com shall supercede and replace the
terms contained in these Legal Notices.
3)
HARDWARE LIMITED WARRANTY
3.1 Spot LLC
warrants that your SPOT Communicator will be free from defects in materials and
workmanship for a warranty period of 1 year from the date of purchase (2 years
for European customers). If your
SPOT Communicator fails in normal use during the warranty period, Spot LLC
will, at its sole discretion, either repair or replace the unit with a new or
refurbished unit.
3.2 Such
repairs or replacements will be made at no charge for labor and materials;
however, the customer will be responsible for shipping charges. The repaired or
replaced product will be warranted for the balance of the original
warranty. The warranty does not
cover failures due to abuse, misuse, accidents, or unauthorized disassembly or
modification or any damage sustained during shipment of the product. Any repairs not performed by Spot LLC
will void this warranty.
3.3 EXCEPT AS PROVIDED ABOVE, THE PRODUCT IS SOLD “AS IS” WITHOUT ANY
EXPRESS OR IMPLIED WARRANTIES FOR THE PRODUCT WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES REGARDING THE CONDITION, DESIGN,
SPECIFICATIONS, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OF THE PRODUCT, OR ANY WARRANTIES THAT THE PRODUCT IS FREE FROM LATENT
DEFECTS OR DEFICIENCIES, OR THAT THE PRODUCT IS FREE FROM INFRINGEMENT OF ANY
PATENT, TRADEMARK, COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY AND SUCH
WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
3.4 THIS LIMITED WARRANTY PROVIDES
THE SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTS IN THE PRODUCT. IN NO EVENT SHALL SPOT, LLC BE LIABLE
FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES,
WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. OUR LIABILITY IS LIMITED TO THE AMOUNT
YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF A CLAIM.
3.5 THE
APPLICABILITY OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY VARY FROM STATE TO
STATE.
3.6 This warranty applies
to the original purchaser of the product ONLY. Spot LLC has no responsibility for any warranty claims made
after the limited warranty period expires.
REMINDER Be sure to retain the sales receipt proving the
date of your original purchase.
This will be needed if warranty service is ever required. Spot LLC reserves the right to refuse
warranty if a receipt is not provided or if the receipt is incomplete/illegible.
Please
visit findmespot.com or spotwarranty.com for full details, restrictions and
procedures regarding the SPOT Communicator Limited Warranty. The terms and
conditions of the SPOT Communicator Limited Warranty may be updated by Spot LLC
at anytime and without notice. If
there is any conflict between the terms contained in these Legal Notices and
the terms contained at www.findmespot.com, then the terms contained at www.findmespot.com shall supercede and replace the terms contained in these Legal
Notices.
4)
COPYRIGHTS, INTELLECTUAL PROPERTY, PATENTS AND DOCUMENTATION
© Spot LLC. All rights reserved.
The SPOT Satellite Tracker™ (trademark pending) and SPOT Satellite
Communicator™ (trademark pending), SPOT Communicator™ (trademark pending), Type
and Send™ (trademark pending), Type & Send™ (trademark pending), and
related trademarks, names and logos are the property of Spot LLC and are
registered and/or used in the U.S. and countries around the world. DeLorme and the DeLorme PN60w are the
copyrights of DeLorme. GoogleMaps
is a trademark of Google Inc.
Geocache is a trademark of Groundspeak, Inc. Facebook, Twitter and all other trademarks are the property
of their respective owners.
The SPOT Communicator and other devices and/or associated software are
protected by copyright, international treaties, and various patents, including
the patents listed inside the battery compartment of your SPOT
Communicator. These patents
include: 6,317,029; 6,396,819; 7,337,061; 7,672,639 & Patents Pending. Other patents are
registered or pending in various countries around the world. Visit www.findmespot.com for a full list of the applicable patents. [I can’t find where on the website the
patents are listed.]The documentation, including all documentation incorporated
by reference herein, such as documentation provided or made available at www.findmespot.com, is provided ‘AS IS’ and ‘AS AVAILABLE’ and without condition,
endorsement, representation or warranty of any kind by Spot LLC or its Affiliates. Spot LLC assumes no responsibility for
any typographical, technical, or other inaccuracies, errors, or omissions in
this documentation. In order to
protect Spot LLC intellectual property, this documentation may describe some
aspects of Spot LLC intellectual property in general terms. Spot LLC reserves the ability to amend
this documentation from time to time without notice to you; however, Spot LLC
makes no commitment to provide any such changes, updates, additions,
enhancements or other amendments to the documentation to you in a timely manner
or at all.
5)
SPOT SATELLITE SERVICES - SERVICE SUBSCRIPTION REQUIRED.
A separate service subscription (the “Service”) is required
in order to utilize your SPOT Communicator. Please visit www.findmespot.com for more information regarding the available Service options and
to subscribe. Your use of the Service
is governed by Spot LLC’s SPOT Subscriber Terms and Conditions of Service
(“Terms of Service”) and Spot
LLC’s Privacy Policies (“Privacy Policies”) are available at www.findmespot.com, which may be updated from time to time without notice. Spot LLC has affiliated legal entities
around the world (“Affiliates”).
Sometimes these Affiliates will be providing the Service to you on
behalf of Spot LLC itself. You
acknowledge and agree that Affiliates will be entitled to provide the Services
to you. Spot LLC is constantly
working to offer additional services to its subscribers, thus you acknowledge
and agree that the form and nature of the Services may change from time to time
without notice to you. Spot LLC
reserves the right to amend . Your cellphone service provider and/or internet provider may
charge you or your recipients additional fees in relation to any SMS / MMS messages,
Geo-caching messages, social connectivity messages and/or other e-mails and/or
data (collectively “data plan fees”) sent by you. Please familiarize yourself with any such applicable plans,
services and associated fees before using your SPOT Communicator. You are responsible for any such applicable
charges and fees. For the current and complete terms Terms
of Service, please visit www.findmespot.com. The Terms of
Service may be updated by Spot LLC at anytime and without notice. If there is any conflict between the
Terms of Service contained in these Legal Notices and the Terms of Service
contained at www.findmespot.com, then the Terms of Service contained at www.findmespot.com shall supercede and replace the Terms of Service contained in
these Legal Notices.
6)
End User License Agreement
PLEASE
READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS EULA IS A LEGAL AGREEMENT BETWEEN
YOU AND SPOT LLC. YOU
UNDERSTAND AND AGREE THAT YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE AND
THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY
YOU. THIS EULA, AND AS MAY
BE AMENDED, APPLIES TO THE USE OF ANY SOFTWARE, WHETHER PRE-INSTALLED ON THE
DELORME PN60W AND/OR THE SPOT COMMUNICATOR AND/OR DOWNLOADED TO YOUR COMPUTER,
THAT MAY BE REQUIRED FOR THE USE OF THE SPOT COMMUNICATOR AND SERVICE
(“SOFTWARE”). BY USING YOUR
SPOT COMMUNCIATOR FOR DELORME AND/OR THE SERVICE, YOU ACCEPT ALL THE TERMS AND
CONDITIONS OF THIS EULA OR ANY APPLICABLE AMENDEMENTS. USE OF THE SPOT COMMUNICATOR, USE
OF THE SERVICE AND/OR PRESSING THE “I AGREE” BUTTON FOR A DOWNLOAD OF ANY UPDATES, UPGRADES OR
SUPPLEMENTS IS CONSIDERED USE OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT
USE THE SOFTWARE AND PROMPTLY RETURN THE UNUSED SOFTWARE, AS WELL AS THE
HARDWARE TO THE PLACE WHERE YOU OBTAINED THEM.
6.1 Ownership and Grant of
License. The DeLorme
PN60w and SPOT Communicator utilize proprietary software, proprietary firmware
and proprietary communication protocols in order to access the SPOT messaging
functions and Service (collectively any such software, firmware and/or
communication protocols required for use of the SPOT Communicator are referred
to as the “Software”). This
proprietary Software may be owned by DeLorme, by Spot LLC or by a third-party. This
EULA grants a license (“License”) that permits you to use the software as
required for your SPOT Communicator and Service, whether through the DeLorme
PN60w or directly through the SPOT Communicator. This License is non-exclusive, non-sublicensable and
non-transferable. This License is
also subject to the limitations and conditions of this EULA and the SPOT Terms
of Service, which govern the provision of the Service. All rights
not specifically granted in this EULA are reserved by Spot LLC, DeLorme or the
respective third-party owner of such Software. You acknowledge and agree that Spot LLC and/or third-parties
own(s) all intellectual property rights, title, and interest in or, if
applicable, licenses to the Software, including, but not limited to, all
trademarks, copyrights, data, and content. All title and intellectual property rights in the Software
may be protected by applicable copyright or other intellectual property laws
and treaties. Your use of the
Software is solely controlled by this EULA which can not be changed except by a
written agreement executed between you and Spot LLC. The Software is licensed,
not sold.
6.2 Other Restrictions
on Use. You agree that you will not remove or obscure any proprietary
rights notices, copyright notices or trademarks associated with the
Software. You agree that you will
not copy, sell, license, distribute, transfer, modify, adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the
source code of, modify, or create derivative works of the Software for any purpose.
You agree that you will not attempt to circumvent or defeat the security
or content usage rules contained in the Software and/or use the Software in
violation of any law or third party rights.
6.3
Software Changes and Updates. You agree that Spot LLC or our
third-party providers may make changes to the Software and associated Services
in order to comply with applicable laws, to maintain or improve the Software
and/or the Services or for other business reasons, without notice to you and
without liability for any changes in your ability to use the Software, SPOT
Communicator and/or Service, including compatibility issues, as a result of
such changes. These updates may
take the form of bug fixes, enhanced functions, new software modules and
completely new versions. This License does not grant any rights to obtaining
future upgrades, updates or supplements of the Software. If upgrades, updates
or supplements of the Software are obtained, however, the use of such upgrades
or updates is governed by this EULA and the amendments that may accompany them
and may be subject to additional payments and conditions. Spot LLC highly recommends that you
ensure that both your DeLorme PN60w has the most recent software version
available and that your SPOT Communicator have the most recent firmware version
available and that these versions are compatible to each other. Spot LLC reserves the right to mandate
you to install the most recent Software version in order to obtain continued
Service. Any such mandatory Software updates will be at no additional cost to
you.
6.4
Content License from You. You agree that you are solely
responsible for (and that Spot LLC has no responsibility to you or to any third
party for) any Content that you create, transmit or display while using the Software
and/or the Service and for the consequences of your actions by doing so. You acknowledge that the SPOT messages
may include your location information.
You retain copyright and any other rights you already hold in Content
which you submit, post or display on or through, the Software and/or
Service. You acknowledge and agree
that by submitting, posting or displaying the content you give Spot LLC a
perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to
reproduce, adapt, modify, translate, publish, publicly perform, publicly
display and distribute any Content which you submit, post or display on or
through, the Software and/or Service. Furthermore, you agree that this license
includes a right for Spot LLC to make such Content available to other
companies, organizations or individuals as required for the provision of Service,
including any www,geocaching.com and/or any social connectivity sites
designated by you. In order to
provide the Service, Spot may be required to transmit or distribute your
content over various public networks and in various media. Spot LLC may also be required to make
changes to your Content if so required by the technical requirements of
connecting networks, devices, services or media.
6.5
Third Party Licenses and Content. If, as part of your
use of the Software and/or Service you download a piece of software, or
purchase goods, which are provided by a third-party then your use of these
other services, software or goods may be subject to separate terms between you
and the third-party provider. This
third-party content may be protected by intellectual property rights which are
owned by the third-party. Any
reference or links to any third-party content, does not necessarily constitute
or imply its endorsement, sponsorship or recommendation by Spot LLC or its
licensors. Third-party product and
service information are the sole responsibility of each individual third-party
vendor. You hereby acknowledge
that your SPOT messages sent via the Software may utilize Google Maps. You agree to be bound by the Google Maps API Terms of Use as listed
at - http://www.google.com/intl/en_ALL/help/terms_local.html. In addition, it is possible that
you may find some third-party content offensive, indecent or objectionable, and
that, in this respect, you use the Services at your own risk. Any opinions, advice, statements,
services, offers, or other information or content expressed or made available
by third parties are those of the respective authors and not of Spot. Spot
neither endorses nor is responsible for the accuracy or reliability of any
opinion, advice, information or statement by anyone other than authorized Spot
employees acting in their official capacities. You understand and acknowledge
that Spot is not responsible for and does not monitor third party content for
accuracy or reliability.
6.6
Term and Termination. The license commences upon your use of
the SPOT Communicator and Service, or upon your downloading of any associated
Software updates, and is effective until terminated by You or Spot LLC. If you want to terminate, you may do so
be ceasing to utilize the SPOT Communicator and terminating the associated
Service as allowed under the SPOT Terms of Service. You agree that we may terminate this EULA and the provision
of associated Services to you at any time without notice or liability to you if
you are in breach of this EULA or act in any manner which clearly shows you
do not intend to, or are unable to, comply with the EULA. Spot LLC may also terminate this
EULA if required to do so by governmental regulatory body and/or law. In such event, you must cease using the
SPOT Communicator and Service. All provisions
relating to confidentiality, indemnity, proprietary rights, and non-disclosure
shall survive the termination of this Agreement. All other rights and
obligations of the parties shall cease upon termination including, but not
limited to, all licenses granted hereunder. If terminated by Spot LLC, Spot LLC may place a notice on
your account or may send an email message to your last email address known to
Spot LLC. Spot LLC will have no
liability if you do not receive Spot LLC’s notification.
6.7 Privacy. SPOT is committed to
maintaining your privacy. In order to access the Service, you will be
required to provide information about yourself (such as identification or
contact details). You agree that any registration information you give to Spot
LLC will always be accurate, correct and up to date. You agree and
understand that you are responsible for maintaining the confidentiality of
passwords associated with any account you use to access the Software and
Service. Accordingly, you agree that
you will be solely responsible for all activities that occur under your
account. If you become aware of any unauthorized use of your
password or of your account, you agree to immediately notify Spot LLC. SPOT will keep your personal data
private and confidential, provided however that SPOT will provide such
information to GEOS, the IERCC provider, and that GEOS may provide such
information as required to emergency responders in the event that you or your
authorized user triggers a SOS/911 Emergency Signal, including your name,
registration information, location and message history. SPOT may also
provide your information to any SPOT assist provider , such as Nation Safe
Drivers and/or Boat U.S., that is required for the SPOT assist provider to
provide your service, including your name, registration information, location
and message history. SPOT may also provide information regarding your
data transmissions to your immediate family members and/or emergency responders
should it be reasonably determined that an emergency may exist. SPOT may
also share with third parties certain pieces of non-personal, aggregated
information, meaning that information from many users is grouped together and
is disclosed in such a way that it does not reveal the identity of any
particular user, such as SPOT User demographic data or SPOT usage data for
marketing, advertising or other business purposes. SPOT may monitor and collect
information about your transmissions, including location, to monitor service
quality and prevent abuse; however, SPOT will not monitor the content of your
pre-programmed Type and Send or e-mail messages to your Contacts. Under
the Shared Page feature, SPOT may provide your tracking messages per your
selections. SPOT may provide your billing information to its parent
company and subsidiaries if required for provision of the Service, or to a
credit bureau in order to determine your credit-worthiness, or to a collection
agency should your account become past due, or to GEOS, the SOS/911 Emergency
Service Provider, in the event that you deliberately or negligently misuse the
SOS/911 Emergency Service. With the exception of information provided to
GEOS, aggregated information, and/or billing information, SPOT will not sell or
otherwise pass your personal information to third parties, except if required
by law or pertinent to judicial or governmental investigations or proceedings
or if we consider it necessary to do so to prevent risk of death or serious
personal injury to you or others. There are no other circumstances under
which we will provide or sell personal information to third parties. You
consent to the foregoing collection, use and disclosure of your personal
information and to our collection, use and disclosure of your personal
information as set out in this section. SPOT may also have separate privacy
policies regarding the handling of your data for, Spot’s bundled services as
stated in the applicable terms and conditions regarding each such SPOT bundled
service. Please refer to here to see these other privacy
policies, including the privacy policy applicable to the www.findmespot.com website and the
privacy policy applicable to www.spotadventures.com.
6.7
Commercial Items / US Government Restricted Rights. This Software and documentation have been developed entirely with
private funds. The use of the Software and related
documentation by any entity of the Unites States Government is restricted by
the terms of this EULA. The
Software and related documentation are "Commercial Items", as that
term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer
Software" and "Commercial Computer Software Documentation", as
specified under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4,
as applicable, the Commercial Computer Software and Commercial Computer
Software Documentation are being licensed to U.S. Government end users only as
Commercial Items and with only those rights as are granted to all other end
users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the
United States.
6.8
Export Restrictions. The Software may be
subject to export controls or restrictions by the United States or other
countries or territories. You agree to comply with all applicable U.S. and
international export laws and regulations, including the restrictions on destinations, end
users, and end use. You agree not to export or re-export the Software or the SPOT
Communicator to any country in violation of the export control laws of the
United States of America. The
Software may not be exported or re-exported into any U.S. embargoed countries or to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department of
Commerce Denied Person’s List or Entity List. By using the Software, you
represent and warrant that you are not located in any such country or on any
such list. You also agree that you will not use these products for any purposes
prohibited by United States law, including, without limitation, the
development, design, manufacture or production of nuclear, missiles, or
chemical or biological weapons.
6.9
Indemnity. To the maximum extent permitted by law, you agree to
indemnify, defend and hold harmless Spot LLC and its affiliates, licensors and
suppliers their respective directors, officers, employees and agents
from and against any and all claims, actions, suits or proceedings, as well as
any and all losses, liabilities, damages, costs and expenses (including
reasonable attorneys fees) arising out of or in connection with
your use of the Software.
6.10
Disclaimer of Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW,THE SOFTWARE IS PROVIDED ‘AS IS’ AND “AS
AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS
OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS
REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE
SOFTWARE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL
BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET
ENJOYMENT, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF
TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT TO THE FULLEST EXTENT
PERMITTED BY LAW. SPOT GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY,
SUITABILITY OR ACCURACY OF THE SOFTWARE, THE SERVICE OR IN RELATION TO
AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE
SPOT PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS
AND/OR SPOTASSIST HELP TRANSMISSIONS.
SPOT LLC MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY
TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD-PARTY, WORM, TIME BOMB,
LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY
DISTRIBUTOR, RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SPOT
COMMUNICATOR, DELORME PN60W, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM
SUCH USE. THE APPLICATION IS NOT
INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS,
, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR
ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO
DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
6.11
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, SPOT AND ITS SERVICE
PROVIDERS AND AFFILIATES, AND THEIR AFFILIATES, RESPECTIVE EMPLOYEES,
DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS HEREBY EXPRESSLY EXCLUDE LIABILITY
FOR ANY DAMAGES OR CLAIMS, INCLUDING INJURY OR DEATH, AND ANY INDIRECT,
SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS,
DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER
EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP) WHICH MAY ARISE OUT OF OR
IN CONNECTION WITH THE PROVISION OF THE SOFTWARE AND/OR SERVICE (INCLUDING ANY
DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICE) OR ITS USE BY YOU OR BY
ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SOFTWARE AND/OR
SERVICE. SPOT AND ITS AFFILIATES AND/OR SERVICE PROVIDERS, INCLUDING DELORME, GLOBALSTAR,
GEOS, GOOGLE MAPS™, GROUNDSPEAK, NATION SAFE DRIVER, BOAT U.S.,, GLOBAL MOTION
MEDIA AND THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS AND SUPPLIERS EXCLUDE ALL LIABILITY, WHETHER RESULTING FROM
CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGIENCE OR BREACH OF STATUTORY
DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER
CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, FOR ANY FAULTS,
FAILURES OR INADEQUACIES OF THE SATELLITE SYSTEM, THE SOFTWARE, THE SERVICE
AND/OR THE SOS EMERGENCY MONITORING AND RESPONSE. THIS LIMITATIONS INCLUDES ANY FAILURE OR DELAY IN THE
PROVISION OF SERVICES AS SPECIFIED
IN THE SPOT TERMS OF SERVICE.
6.12
Changes to the EULA. Spot LLC reserves the right to change the terms and conditions of
this EULA at any time. You can
find the most current EULA at www.findmespot.com. You understand and
agree that if you use the services after the date on which the terms or
additional terms have changed, SPOT LLC will treat your use as acceptance of
the updated terms or additional terms.
6.13
Translations. Where Spot LLC has provided you with a translation of the
English language version of the Terms, then you agree that the translation is
provided for your convenience only and that the English language versions of
the Terms will govern your relationship with Spot LLC. If there is any
contradiction between what the English language version of the Terms says and
what a translation says, then the English language version shall take
precedence. The parties expressly
request that this Agreement and any document related thereto be drafted in the
English language. / Les parties requièrent expressément que le présent
contrat et tous les documents y afférents soient rédigés en langue
anglaise. (French) / Los partidos expreso piden que este acuerdo y
relativo al documento además estén elaborados en la lengua inglesa. (Spanish) /
Die Parteien fordern ausdrücklich, dass diese Vereinbarung und irgendwie
dokumentabhängige dazu in der englischen Sprache gezeichnet werden. (German) /
I partiti espressamente chiedono che questi accordo ed affatto inerente ai
documenti a ciò be sono disegnati nella lingua inglese (Italian) / Os
partidos pedem expressa que estes acordo e relativo ao documento estejam
esboçados a isso na língua inglesa. (Portuguese) / De partijen verzoeken
uitdrukkelijk om dat deze daaraan verwante Overeenkomst en om het even welk
document in Engelstalig worden opgesteld. (Dutch) / Τα συμβαλλόμενα μέρη ρητώς
ζητούν να συνταχθούν αυτή η συμφωνία και οποιοδήποτε έγγραφο σχετικές επιπλέον
στη αγγλική γλώσσα.(Greek). / 党は明白にこの一致および文書が英語でそれに起草されるように関連しているように要求する。(Japanese) / 당은 급행으로 이 계약 및 어떤 문서든지 영어에서 다시 설계도가 그려진ㄴ다는 것을 관련되었다는 것을 요구한다. (Korean) / Партии курьерски спрашивают, чтобы это
согласование и любой документ отнесли к тому были начерчены в английском языке.
(Russian)
6.14
Governing Law. This EULA will be governed and construed in all respects by the
laws of the State of California without regard to its conflict of laws
provisions. You and Spot LLC agree
to submit to the exclusive jurisdiction of the courts located within the county
of Santa Clara, California to resolve any legal matter arising from this EULA.
6.15
General. This EULA constitutes the entire agreement between the Parties
with respect to the subject matter hereof. Any headings are
provided for convenience only. You may not assign this EULA or any of
your rights or obligations hereunder, but Spot LLC may assign this EULA and any
of its rights and obligations hereunder and this EULA shall inure to the
benefit of and is binding on Spot LLC’s respective successors and permitted
assigns. The failure of Spot LLC
to exercise or enforce any right under this EULA shall not constitute a waiver
of such right. All rights and remedies granted to Spot LLC are cumulative
and not alternate. If any provision of this EULA is found invalid or
unenforceable, such invalidity or unenforceability shall not affect the
remaining terms and conditions of this EULA, and the parties shall substitute a
valid provision that most nearly approximates the intent and economic effect of
the invalid or unenforceable one. Any provisions that expressly or by
their nature should survive termination of this EULA, including disclaimer of
warranty, indemnity rights and limitation of liability, shall survive such
termination. All legal notices to Spot LLC must be
sent to: notices@findmespot.com or to Spot LLC, 461 South Milpitas Blvd., Suite
2, Milpitas, CA 95035, Attn: Contracts.
Should you have any questions
concerning these Legal Notices, or if you desire to contact Spot LLC for any
reason, please visit Spot LLC on the World Wide Web at http://www.findmespot.com, or contact Spot Customer Service via e-mail at customerservice@findmespot.com or via toll-free phone at 866-OK1-SPOT (651-7768).
v2010.07.21
Spot,
LLC reserves the right to change these terms and conditions at any time.
Updates will be posted to http://www.findmespot.com.
