DronePan (“DP”) Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE DP SOFTWARE. BY USING THE DP SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE.
IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish and distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor.
A. The DP software, and any third-party software, documentation, interfaces, content, fonts and any data accompanying this License, whether in read only memory, on any other media, or in any other form (collectively the "DP Software") are licensed, not sold, to you by DP for use only under the terms of this License. DP retains ownership of the DP Software itself and reserves all rights not expressly granted to you.
B. DP, at its discretion, may make available future upgrades or updates to the DP Software for your compatible iOS devices. The DP Software upgrades and updates, if any, may not necessarily include all existing software features or new features that DP releases for newer or other models of iOS devices. The terms of this License will govern any software upgrades or updates provided by DP to the original DP product, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update.
2. Permitted License Uses and Restrictions.
Subject to the terms and conditions of this License, including but not limited to the requirements and limitations in Section 2B below, and as permitted by the “App Store Product Usage Rules” as set forth in the App Store Terms and Conditions (which can be found on Apple’s website), you are granted a limited, non-transferable, non-exclusive license to install and use the DP Software on any compatible iOS device that you own or control. You may not distribute or make the DP Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the DP Software.
B. System Requirements.
DP Software is supported only on iOS hardware that meets specified system requirements as indicated by DP.
C. Content and Digital Materials.
D. No Reverse Engineering.
You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the DP Software or any services provided by the DP Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the DP Software).
E. Compliance with Laws.
You agree to use the DP Software and the Services (as defined in Section 4 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the DP Software and Services.
F. Automatic Updates.
If you choose to allow automatic updates, your device will periodically check with DP for updates and upgrades to the DP Software and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your device and, if applicable, your peripheral devices. You can turn off the automatic app updates altogether at any time by changing the “automatic app updates” setting found within “Settings” on your iOS device.
3. Consent to Use of Data.
A. Diagnostic and Usage Data.
If you opt to allow diagnostic and usage collection, you agree that DP and its agents may collect, maintain, process and use diagnostic, technical, usage and related information, including, but not limited to, unique system or hardware identifiers, information about your iOS device, computer, system and application software, and peripherals, that is gathered periodically to provide and improve DP products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the DP Software, and to verify compliance with the terms of this License. DP may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. To enable DP’s partners and third-party developers to improve their software, hardware and services designed for use with DP products, DP may also provide any such partner or third-party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.
B. Location Data.
4. Services and Third-Party Materials.
The DP Software may enable access to the iTunes Store, App Store, iCloud and/or other third-party services and web sites (collectively and individually, "Services"). Such Services may not be available in all languages or in all countries. Use of these Services requires Internet access and use of certain Services may require an Apple ID, may require you to accept additional terms and conditions and may be subject to additional fees. By using this software in connection with an iTunes Store account, Apple ID or other Services, you agree to the applicable terms of service for that Service, which is available on Apple’s website.
B. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that DP shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
C. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party web sites. By using the Services, you acknowledge and agree that DP is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites. DP, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third-Party Materials or web sites, or for any other materials, products, or services of third parties.
D. To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material, including but not limited to any Digital Materials, that is owned by DP, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third-party or DP. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that DP is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
E. In addition, Services and Third-Party Materials that may be accessed, linked to or displayed through the DP Software are not available in all languages or in all countries or regions. DP makes no representation that such Services and Third-Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. DP reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will DP be liable for the removal of or disabling of access to any such Services. DP may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from DP if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the DP Software and destroy all copies, full or partial, of the DP Software. Sections 3, 4, 5, 6, 7, 8, 10,11 and 12 of this License shall survive any such termination.
6. Disclaimer of Warranties.
A. If you purchase the DP Software and are a consumer (someone who uses the DP Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about consumer rights, you should contact a local consumer advice organization.
B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE DP SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE DP SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DP SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DP SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
D. DP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DP SOFTWARE AND SERVICES OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE DP SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE DP SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, OR THAT THE DP SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE DP SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES.
E. YOU FURTHER ACKNOWLEDGE THAT THE DP SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE DP SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DP OR AN DP AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE DP SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL DP BE LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DP SOFTWARE AND SERVICES OR ANY THIRD-PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE DP SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGES OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DP AND THE RESPECTIVE CONTROLLING PERSONS, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS AND EMPLOYEES OF ANY OF THE FOREGOING (collectively the “INDEMNIFIED PERSONS”) FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, DAMAGES, LIABILITIES AND EXPENSES INCURRED BY ANY OF THEM, INCLUDING THE REASONABLE FEES AND EXPENSES OF COUNSEL, AS INCURRED, (collectively a “CLAIM”) RELATED TO ANY PERSONAL INJURY, PROPERTY DAMAGES OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE DP SOFTWARE.
9. Export Control.
You may not use or otherwise export or re-export the DP Software except as authorized by United States law and the laws of the jurisdiction(s) in which the DP Software was obtained. In particular, but without limitation, the DP Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) 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 DP 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 the DP Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
10. Government End Users.
The DP 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 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. Unpublished-rights are hereby reserved under the copyright laws of the United States.
11. Controlling Law and Severability.
This License will be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
12. Complete Agreement; Governing Language.
This License constitutes the entire agreement between you and DP relating to the DP Software, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and executed with original signature by DP. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
13. Third-party Acknowledgements.
Portions of the DP Software may utilize or include third-party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the DP Software, and your use of such material is governed by their respective terms.