SafeTrx Vessel Tracking Mobile Application
Example End User License Agreement

End User License Agreement
The application software (the “Application”) you are downloading to your device is licensed by ______________________________. The Application was licensed to ______ by a third party developer which owns all rights, title and interest to the Application. The Application may contain, use or interface with data or systems that are owned by one or more third parties and licensed to _________ (collectively, the “Data”. The Application and Data are protected under copyright laws and international copyright treaties. The Application and Data are licensed, not sold. The Application is provided under this License Agreement and is subject to the following terms and conditions which are agreed to by End User (“you” or “your”), on the one hand, and _____ and its licensors. If you are obtaining the Application from a third party application vendor (the “Application Vendor”), you acknowledge that ___________, and not the Application Vendor, is responsible for the Application. ________’s licensors are each a direct and intended third party beneficiary of this Agreement and may enforce their rights directly against you in the event of your breach of this Agreement.

IMPORTANT: CAREFULLY READ THIS ENTIRE LICENSE AGREEMENT BEFORE PURCHASING OR USING THIS APPLICATION. PURCHASING, INSTALLING, COPYING, OR OTHERWISE USING THIS APPLICATION INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PURCHASE, INSTALL OR USE THE APPLICATION.

License Terms and Conditions
_____________ (“we” or “us”) provides you with the Application and the embedded or accompanying Data, including any “online” or electronic documentation and printed materials, and grants you a limited, non-exclusive license to use the Application and Data in accordance with the terms of this Agreement. You agree to use the Application and Data for solely personal use or, if applicable, for use in your business' internal operations, and not for resale, lease, rental, license, service bureau or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy the Application and Data only as necessary for your use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Application or Data in any way. Your use of the Application must not violate any usage rules of the Application Vendor or any other third party service provider you use to enable the Application. You may not use the Application for any illegal, deceptive, misleading or unethical purpose or otherwise in any manner which may be detrimental to the reputation of ___________, its licensors or any other person or entity. You agree not to otherwise copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Application and Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws. We also reserve the right to replace or to discontinue offering any Data or function of the Application at any time and for any reason, including the unavailability of any third party Data.

Support. If you need operational or technical support and assistance regarding the installation, un-installation, use or operation of the Application, or if you have questions, complaints or claims regarding the Application, contact us at: %3CEMAIL TO BE FILLED IN%3E

Acknowledgement of Application Vendor Responsibility. The Application Vendor shall have no maintenance or support obligation for the Application, nor any responsibility for addressing any claims from you or any third party regarding the possession or use of the Application, including without limitation product liability claims, claims of failure to meet legal or regulatory requirements or consumer protection laws claims. Further, the Application Vendor shall have no responsibility regarding third party claims of intellectual property rights violations as a result of your possession or use of the Application.

No Warranty. The Application (including the Data) is provided to you “as is,” and you agree to use it at your own risk. ______________ and its licensors including the developer of the Application make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from the Application, or that any Data or connectivity will be uninterrupted or error-free. The Application is intended to be used only as a supplementary tracking aid and should not be used as your only vessel communications or safety device.  NEITHER ________ NOR THE DEVELOPER OF THE APPLICATION CAN GUARANTEE UNINTERRUPTED CONNECTIVITY BETWEEN YOUR MOBILE DEVICE AND SATELLITE TRACKING SYSTEMS.

Disclaimer of Warranty.  _______ AND ITS LICENSORS, including the developer of the Application, DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY US OR OUR SUPPLIERS AND LICENSORS SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THIS AGREEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you. THE SOLE AND MAXIMUM RESPONSIBILITY OF THE APPLICATION VENDOR IN THE EVENT OF A WARRANTY FAILURE IS A REFUND OF THE APPLICATION PURCHASE PRICE.

Disclaimer of Liability. _________ AND ITS LICENSORS , including the developer of the Application, SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE APPLICATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE APPLICATION, ANY DEFECT IN THE DATA OR INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY AND WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE APPLICATION OR FROM DEFECTS OR ERRORS IN THE APPLICATION, EVEN IF WE OR OUR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE AND OUR LICENSORS' TOTAL AGGREGATE LIABILITY WITH RESPECT TO OUR OBLIGATIONS UNDER THIS LICENSE AGREEMENT OR OTHERWISE WITH RESPECT TO THE APPLICATION OR THE DATA SHALL NOT EXCEED $1.00. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

Acceptable Usage Policy. We reserve the right to close accounts if any user is seen to be attempting to hide the use of multiple accounts or to disrupt any of our services in any way or create a new account to avoid restrictions or limits. SafeTrx subscribers: (i) Must be at least 18 years old (ii) Cannot misrepresent their identities (iii) Must always provide valid and complete contact information and must always have a valid email address.

Collection of Information. We will have access to the trip information and any personal or vessel identification information you enter into the Application. If you elect to use location-based services on the Application, the physical location of your device will be collected in order to provide you with such location-based services. This information may be shared with other search and rescue agencies to allow for a coordinated incident response.  
The legal basis for the collection and processing of your Personal Data is your consent. You have the right to withdraw consent at any time by deleting your SafeTrx account through the SafeTrx mobile app or by sending a request to [  ]  . 
We may also collect information relating to how often you use the Application or the frequency with which certain applications and features of the Application are used. This frequency of use information would be collected anonymously, in a way that does not personally identify you. We may use this information to detect broad user trends and to otherwise enhance our products or applications. More information about how we collect and use data is provided in our privacy statement, which can be found at http://www......../privacy.aspx

SafeTrx may also collect some anonymous information through integrations with third-party service providers in order for us to monitor the performance of the service and to understand how visitors are using our application. This information is used for the sole purpose of improving the usability of the application in the future and will not be cross-referenced with personal information provided within the app without your prior approval. As of the date this policy went into effect, SafeTrx uses Google Analytics. To learn more about the Privacy Policy of Google Analytics and to learn how to opt out of the service please visit http://www.google.com/analytics/learn/privacy.html.

Disclaimer of Endorsement. Reference to any products, services, processes, hypertext links to third parties or other Data by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by us or our licensors. Product and service information are the sole responsibility of each individual vendor.

Export Control. You agree not to export from anywhere any part of the Data or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations.

Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government or Irish Government embargo, or has been designated by the U.S. Government or the Irish Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government or Irish Government list of prohibited or restricted parties.

Indemnity. You agree to indemnify, defend and hold _______ and its licensors, including the developer of the Application, and their respective affiliates, officers, directors, employees, shareholders, agents and representatives, free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use or possession by you of the Application or Data.

Term. This Agreement is effective until such time as (i) if applicable, your subscription term is either terminated (by you or by us) or expires, or (ii) we terminate this Agreement for any reason, including, but not limited to, if we finds that you have violated any of the terms of this Agreement. In addition, this Agreement shall terminate immediately upon the termination of an agreement between us and any third party from whom we (a) obtain services or necessary to support the Application, or (b) licenses Data. You agree, upon termination, to destroy all copies of the Data. The Disclaimers of Warranty and Liability set out above shall continue in force even after any termination.

Entire Agreement. These terms and conditions constitute the entire agreement between ________ and its licensors and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

Governing Law. The above terms and conditions shall be governed by the laws of Ireland, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of Ireland for any and all disputes, claims and actions arising from or in connection with the Application or Data. Any translation of this Agreement from English is provided as a convenience only. If this Agreement is translated into a language other than English and there is a conflict of terms between the English version and the other language version, the English version will control.

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