EULA

TABLET COMMAND TERMS OF USE

  1. ACCEPTANCE OF TERMS

PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT AND TERMS OF SERVICE (“TERMS”) BEFORE CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING TABLET COMMAND, INC’S MOBILE APPLICATION (THE “MOBILE APPLICATION”) ACCOMPANYING THIS LICENSE. BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE MOBILE APPLICATION, YOU (“YOU”, “YOUR” OR “USER”) ARE ENTERING INTO AND AGREEING TO BE BOUND BY THESE TERMS AND THE TERMS AND CONDITIONS OF THE TABLET COMMAND, INC PRIVACY POLICY LOCATED AT WWW.SIMPLE-TRACK.COM/PRIVACY (THE “PRIVACY POLICY”) AND INCORPORATED HEREIN BY THIS REFERENCE.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE “ACCEPT” BUTTON AND YOU MAY NOT USE THE MOBILE APPLICATION.

Tablet Command, Inc reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon your accessing the Mobile Application. Your continued use of the Mobile Application following the posting of changes to these Terms will mean that you accept those changes. Tablet Command, Inc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Mobile Application (or any part thereof). Tablet Command, Inc shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein. By using the Mobile Application, you warrant to Tablet Command, Inc that you will not use the Mobile Application, or any of the content obtained from the Mobile Application, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Mobile Application automatically terminates. You represent and warrant that you are of legal age in your jurisdiction to create binding contractual and financial obligations and to assume any liability that you may incur as a result of your use of the Mobile Application. If you are accepting these Terms on behalf of an entity, you represent and warrant that you have the prior authority and approval by such entity to accept and agree to these Terms.

  1. LICENSE GRANT

Tablet Command, Inc grants you a revocable, non-exclusive, non-transferrable, non-assignable limited right to install and use the Mobile Application on a device controlled by you (each a “Mobile Device”), and to access and use the Mobile Application on such Mobile Device strictly in accordance with the terms and conditions of these Terms and the applicable rules described in Section 9. You shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Mobile Application; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Mobile Application; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the Mobile Application; or (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Tablet Command, Inc or its affiliates, partners, suppliers or the licensors of the Mobile Application or otherwise obscure or modify the any manner in which the material is displayed by means of the Mobile Application. In addition, you grant Tablet Command, Inc the irrevocable, royalty-free, fully paid-up right to view, record and analyze your use of the Mobile Application, including but not limited to technical information about your iOS device (including Device UUID), computer, your physical location, system and application software, and peripherals. The Mobile Application uses the Flurry Analytics service provided by Flurry, Inc. For more information, see http://www.flurry.com/privacy-policy.html.

  1. RESTRICTED USE OF MOBILE APPLICATION

The Mobile Application is not a substitute for sound fire management techniques and practices IN EMErgeNCY SITUATIONS. The Mobile Application is not intended to be used, and shall not be used, by you, or any entity that you represent, to protect or be used as a resource, tool, application or otherwise for fire safety or rescue on behalf of the public or for any employee or agent of the entity that you represent. IF YOU DO NOT AGREE WITH any statements in this section 3, OR DO NOT INTEND TO ACT IN ACCORDANCE WITH OR ABIDE BY THE STATEMENTS IN THIS section 3, THEN DO NOT CLICK THE “ACCEPT” BUTTON AND YOU MAY NOT USE THE MOBILE APPLICATION. TABLET COMMAND, INC, AND ITS OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS AND ASSIGNS SHALL NOT BE LIABLE OR RESPONSIBLE FOR YOUR USE OF THE MOBILE APPLICATION IN VIOLATION OF THE TERMS OF RESTRICTED USE DESCRIBED IN THIS SECTION 3.

  1. DESCRIPTION OF SERVICES

The Mobile Application is owned and operated by Tablet Command, Inc for the purpose of assisting users in managing their human resources and apparatus during an emergency (the “Purpose”). Using the Mobile Application shall not be used as a substitute for using sound risk management techniques when dealing with emergency situations. THE MOBILE APPLICATION SHALL NOT BE USED BY YOU IN VIOLATION OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THE RESTRICTED USE OF THE MOBILE APPLICATION AS DESCRIBED IN SECTION 3.

  1. NO RESALE OF SERVICE

You agree not to sell, resell, or offer for any commercial purposes, any portion of the Mobile Application, use of the Mobile Application, or access to the Mobile Application.

  1. GENERAL PRACTICES REGARDING USE AND STORAGE

Tablet Command, Inc may establish general practices and limits concerning use of the Mobile Application. In addition, you will use the Mobile Application in compliance with all applicable international, state, federal and local laws and in accordance with these Terms. You may not access or use the Mobile Application for any purpose other than that for which Tablet Command, Inc makes it available. Without limiting any other remedies, Tablet Command, Inc may suspend or terminate your Mobile Application account if we suspect that you have engaged in unlawful or prohibited activity in connection with the Mobile Application. Tablet Command, Inc reserves the right, in its sole discretion to investigate and take appropriate legal action against anyone who, in Tablet Command, Inc’s sole discretion violates this provision. You acknowledge and understand that certain portions of the Mobile Application may require and utilize phone service, data access or text messaging capability.

  1. TERMINATION

Tablet Command, Inc may terminate a user’s account in Tablet Command, Inc’s absolute discretion and for any reason. Tablet Command, Inc is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) use of the Mobile Application in a manner inconsistent with the Purpose; (3) a user’s request for such termination; or (4) as required by law, regulation, court or governing agency order. Tablet Command, Inc’s termination of any user’s access to the Mobile Application may be effected without notice and, on such termination, Tablet Command, Inc may immediately deactivate or delete user’s account and/or bar any further access to such files. Tablet Command, Inc shall not be liable to any user or other third party for any termination of that user’s access or account hereunder. In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account.

  1. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY

Each user shall indemnify, defend and hold harmless Tablet Command, Inc, and its affiliates and their respective officers, employees and agents, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Mobile Application; or his or her violation of these Terms.

EACH USER’S USE OF THE MOBILE APPLICATION IS AT HIS OR HER SOLE RISK. THE MOBILE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TABLET COMMAND, INC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. TABLET COMMAND, INC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, TABLET COMMAND, INC MAKES NO WARRANTY THAT (i) THE MOBILE APPLICATION OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS AND (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. EXCLUDING ONLY DAMAGES ARISING OUT OF TABLET COMMAND, INC’S WILLFUL MISCONDUCT, TABLET COMMAND, INC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE ANY MOBILE APPLICATION OR SERVICES THEREON. IN NO EVENT SHALL TABLET COMMAND, INC’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $50.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN TABLET COMMAND, INC AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE MOBILE APPLICATION. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY TABLET COMMAND, INC. Any claim or cause of action arising out of or related to use of the Mobile Application or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  1. GENERAL

The Terms constitute the entire agreement between each user and Tablet Command, Inc and govern each user’s use of the Mobile Application, superseding any prior or contemporaneous agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and Tablet Command, Inc shall be governed by the laws of the State of California without regard to its conflict of law provisions and the parties agree that the exclusive venue for any dispute arising hereunder shall be the state and federal courts located in the City and County of San Francisco, California. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Tablet Command, Inc reserves the right to share or transfer personally identifiable information and aggregate information to a third party should Tablet Command, Inc ever file for bankruptcy or in the event of a sale, merger or acquisition of Tablet Command, Inc. The Mobile Application 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 such terms are used in 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 (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

  1. ADDITIONAL OBLIGATIONS SPECIFIC TO YOUR MOBILE DEVICE.

Without limitation, your use of the Mobile Application with any Apple® device, including iPhone®, iPod touch® and iPad™ mobile digital device, is subject to the rules established by Apple Inc., including those terms set forth in the App Store Terms and Conditions located at http://www.apple.com/legal/itunes/ww/, the applicable provisions of which are incorporated herein by this reference. In the event of any failure of the Mobile Application to conform to any applicable warranty, You may notify Apple Inc. and Apple Inc. will refund to you the purchase price for the Mobile Application, if any; and, to the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever to you with respect to the Mobile Application. Apple Inc. is not liable for any claims by you or any third party relating to the Mobile Application, or your possession or your use of the Mobile Application, including, but not limited to, (i) any product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. iPhone, iPod touch and iPad are trademarks of Apple Inc.

Supplemental Terms For Apple iPhone, iPod Touch and iPad Users

These terms supplement and are in addition to the terms of the License for users who purchase and/or install the Mobile Application on Apple, Inc. (“Apple”) iPhone, iPod touch and/or iPad products (collectively, “Apple Devices”):

  1. Through your purchase, provided that you comply with the terms of this License, you are acquiring and Tablet Command, Inc grants you a personal, limited, non-exclusive and non-transferable license to install and use the Mobile Application on authorized Apple Device(s) for personal, non-commercial use and subject to the rules set forth in Apple’s App Store Terms and Conditions, the applicable provisions of which are incorporated herein by this reference. This License does not entitle you to receive from Tablet Command, Inc hard-copy documentation, support, telephone assistance or enhancements or updates to the Mobile Application.
  2. You agree that Apple has no obligation whatsoever to furnish any maintenance and support services regarding the Mobile Application.
  3. In the event of any failure of the Mobile Application to conform to any applicable warranty, You may notify Apple Inc. and Apple Inc. will refund to you the purchase price for the Mobile Application, if any; and, to the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever to you with respect to the Mobile Application.
  4. Apple shall not be responsible for any claims by you or any third party relating to your possession and/or use of the Mobile Application, including but not limited to: (i) product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection laws or similar legislation; and (iv) claims by any third party that the Mobile Application or your possession and use of the Mobile Application infringes on the intellectual property rights of the third party.
  5. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  6. You agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and that upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
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