End User Agreement
This is a legal agreement between the party downloading the application (the “Licensee” and the “Application,” respectively) and The MITRE Corporation (“MITRE”). Please read this agreement carefully before downloading this Application. By downloading the Application you, as the Licensee, are agreeing to be bound by the terms of this Licensed Application End User License Agreement (the “License”). If you do not agree to the terms and conditions of this License, do not install or use any part of the Application.
This Application is licensed, not sold, to Licensee for use under the terms of this License and any other terms or conditions imposed by law or contract. MITRE reserves all rights not expressly granted herein to Licensee.
1: Scope of License.
(A) MITRE grants Licensee a non-transferable license to use the Application on any Android-based device Licensee owns or controls. Such usage is also subject to any obligations otherwise imposed by law or contract (the “Usage Rules”). This License does not allow Licensee to use the Application on any device that Licensee does not own or control, and Licensee may not distribute or make the Application available over a network where the Application could be used by multiple devices at the same time.
(B) Licensee may not rent, lease, lend, sell, redistribute, or sublicense the Application. Licensee may not copy (except as expressly permitted by this License and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, 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 any open sourced components included with the Application). Any attempt to do so is a violation of the rights of MITRE and its licensors. If Licensee breaches this restriction, Licensee may be subject to prosecution and damages.
(C) The terms of the License will govern any upgrades provided by MITRE that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2: Consent to Use of Data.
Licensee agrees that MITRE may collect and use technical data and related information, including, but not limited to, technical information about Licensee’s device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the Application. MITRE may use this information, as long as it is in a form that does not personally identify Licensee, to improve its products or to provide services or technologies.
This License is effective until terminated by Licensee or MITRE. Licensee’s rights under this License will terminate automatically without notice from MITRE if Licensee fails to comply with any term(s) of this License. Upon termination of the License, Licensee shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
4: Services; Third Party Materials.
(A) The Application may enable access to MITRE and third-party services and websites (collectively and individually “Services”). Use of the Services may require Internet access and that Licensee accept additional terms of service.
(B) Licensee understands that by using any Services, Licensee may encounter content that may be deemed offensive, indecent, or objectionable. Such content may or may not be identified as having explicit language, and the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, Licensee agrees to use the Services at Licensee’s sole risk and neither MITRE nor any third party shall have any liability to Licensee 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 or provide links to certain third-party websites (“Third Party Materials”). By using the Services, Licensee acknowledges and agrees that MITRE 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. MITRE does not warrant or endorse and does not assume and will not have any liability or responsibility to Licensee or any other person for any third-party Services, Third Party Materials, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to Licensee.
(D) Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property, or environmental damage. Neither MITRE, nor any of its content providers, vendors, other MITRE-contracted parties, or any third party, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Services.
(E) Licensee agrees that the Services contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that Licensee will not use such proprietary content, information or materials in any way whatsoever except for permitted uses of the Services. No portion of the Services may be reproduced in any form or by any means. Licensee agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and Licensee shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
(F) Licensee further agrees 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 MITRE is not in any way responsible for any such use by Licensee, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that Licensee may receive as a result of using any of the Services.
(G) MITRE makes no representation that such Services are appropriate or available for use in any particular location or condition. To the extent Licensee chooses to access such Services, Licensee does so at Licensee’s own initiative and is responsible for compliance with any applicable laws, including but not limited to local laws, rules, and regulations. MITRE, its vendors, other MITRE-contracted parties, and third parties, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will MITRE or any third party be liable for the removal of or disabling of access to any such Services. MITRE may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
5: Disclaimer of Warranties.
(A) LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE APPLICATION AND ANY SERVICES IS AT LICENSEE’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH LICENSEE. THE APPLICATION AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MITRE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE OR NEED, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. MITRE DOES NOT WARRANT THE APPLICATION, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET LICENSEE’S REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MITRE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
(B) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON A CONSUMER’S APPLICABLE STATUTORY RIGHTS. IN SUCH CASES, THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
6: Limitation of Liability.
(A) IN NO EVENT SHALL MITRE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF REVENUE, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO LICENSEE’S USE OR INABILITY TO USE THE APPLICATION OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF MITRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MITRE’S TOTAL AGGREGATE LIABILITY TO LICENSEE FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(B) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH CASES, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Licensee may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application 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 downloading the Application, Licensee represents and warrants that Licensee is not located in any such country or on any such list. Licensee also agrees not to use the Application or Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of missiles and nuclear, chemical, or biological weapons.
8: Government End Users.
The 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. Unpublished rights are reserved under the copyright laws of the United States.
9: Choice of Law.
The laws of the Commonwealth of Virginia, excluding its conflicts of law rules, govern this License and Licensee’s use of the Application and Services. Licensee’s use of the Application and Services may also be subject to other local, state, national, or international laws.