SPOT Legal Notices and End User License Agreement For the SPOT Communicator
Author:SPOT Marketing Team Article Reference #:AA-00259 Views:5217 Date Added:2010-08-04 12:00 AM Last Updated:2010-08-04 06:47 PM 2.9 Rating/ 10 Voters

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 계약 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.

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