Amika Mobile Corporation
AMIKA ALERT FOR MOBILE and AMIKA PANIC/I-AM-OK FOR MOBILE APP SOFTWARE LICENSE
Updated July 2020
LICENSED APPLICATION END USER LICENSE AGREEMENT
Apps made available through an app provider's online app store ("App Provider") or directly from Amika Mobile Corporation ("Licensor") are licensed, not sold, to You. Your license to each app is subject to Your prior acceptance of this Licensed Application End User License Agreement. Your license to any app under this EULA is granted by Licensor. Any app that is subject to this EULA is referred to herein as the "Licensed Application". Licensor reserves all rights in and to the Licensed Application not expressly granted to You under this EULA.
SECTION 1 - GRANT OF LICENSE
1.1 Licensor grants to You a non-exclusive, non-transferable, royalty-free license to use the Licensed Application and all upgrades and new releases thereto which Licensor may provide to You (collectively the "Software") for Your own internal use to permit You to receive critical notifications or to send events. The Software is licensed to You and is not sold.
1.2 The Software may be used on any device You own or control, as permitted by any usage rules set forth in the App Provider's Terms of Service, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via the App Provider's sharing or volume purchasing policies.
1.3 Ancillary Software may be provided as part of the Software. "Ancillary Software" shall mean software provided by third parties and may include open source software. If a separate license agreement pertaining to an item of Ancillary Software is delivered to You with the Software or is subsequently downloaded or delivered to You then such separate license agreement shall govern Your use of that item of the Ancillary Software. No other rights in the Software or Ancillary Software are granted to You. The licenses for the Ancillary Software are located in the installation folder or available through the app user interface.
SECTION 2 - CONFIDENTIALITY, PROTECTION OF SOFTWARE
2.1 You acknowledge and agree that the Software (other than the open source software) contains proprietary and "Confidential Information" of Licensor and its third party suppliers.
2.2 Subject to the rights expressly granted to You in this Agreement, all right, title and interest to the Software and the Ancillary Software, including all copyright and other intellectual property rights therein, are and shall at all times remain the sole and exclusive property of Licensor and the third party suppliers. Except for any open source software, You shall not copy, in whole or in part, any Software or Ancillary Software, nor shall You translate, modify, enhance, create derivative works, reverse engineer, de-compile, encumber, sublicense, assign or transfer, or otherwise use, the Software except as specifically authorized under this Agreement, the license for the Ancillary Software or as permitted by law.
SECTION 3 - CONSENT TO USE OF DATA
3.1 You agree that Licensor may collect and use technical data and related information — including but not limited to technical information about Your device, system and application software, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any) related to the Software. Licensor may use this information as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
SECTION 4 - TERM AND TERMINATION
4.1 This Agreement shall become effective when You receive the Software. If You are in breach of this Agreement, Licensor may terminate this Agreement immediately. Upon termination of this Agreement, Your license shall immediately terminate and You shall have no further right to use the Software. You may terminate this Agreement at any time by uninstalling the Software.
SECTION 5 - EXTERNAL SERVICES
5.1 The Software may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at Your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Software or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in Your Home Country, and may not be appropriate or available for use in any particular location. To the extent You choose to use such External Services, You are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to You.
SECTION 6 - WARRANTIES AND DISCLAIMERS
6.1 Licensor and its suppliers provide the Software "AS IS" and with all faults, and hereby disclaim all other warranties, covenants and conditions of any kind whatsoever, either express, implied or statutory, including but not limited to any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, and of lack of negligence or lack of workmanlike effort. Also, there is no warranty, covenant or condition of title, of quiet enjoyment, or of non-infringement. The entire risk arising out of the use or performance of the Software is with You. No oral or written information or advice given by licensor or its authorized representative shall create a warranty.
6.2 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the App Provider, which will refund the purchase price for the Licensed Application to You. To the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Licensed Application.
6.3 The Software is intended for standard commercial and consumer uses and must not be used must not be used in any hazardous environments requiring fail safe performance.
6.4 The Software may contain open source software obtained by Licensor from a third party source. No license fee has been paid by Licensor or its distributors or resellers for the inclusion of any open source software, and no license fee is charged to You for its use. YOU ACKNOWLEDGE AND AGREE THAT THE THIRD PARTY SOURCE PROVIDES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO,THE OPEN SOURCE SOFTWARE AND SHALL HAVE NO LIABILITY WHATSOEVER IN RESPECT OF, YOUR POSSESSION, USE OR BOTH, OF THE OPEN SOURCE SOFTWARE.
6.5 Some jurisdictions do not allow the exclusion or limitation of express or implied warranties, so the foregoing exclusions may not apply to You.
SECTION 7 - LIMITATION OF LIABILITY
7.1 Licensor shall have no liability to You or any third party for any costs, losses or damages of any kind whatsoever arising as a result of the use of the Software or otherwise arising in any way connected with the Software, even if Licensor has been advised of the possibility of those damages or loss(es) or even if those damages or loss(es) were reasonably foreseeable. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You. In no event shall Licensor’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
SECTION 8 - GENERAL
8.1 The Software and related information may be subject to export and import restrictions. By downloading or using the Software or by receiving Support You are representing and warranting that You are not: located in, under the control of, or are a national or resident of any country to which the export of the Software or related information would be prohibited by the laws and/or regulations of the United States or Canada. You are also representing and warranting that You are not an individual to whom the export of the Software, Support, or related information would be prohibited by the laws and/or regulations of the United States or Canada. You shall comply with the export laws and/or regulations of the United States and Canada that are applicable to the Software and related information and You shall comply with any local laws and/or regulations in Your jurisdiction that may impact Your right to export, import, or use the Software or related information.
8.2 If the Application is being acquired by or on behalf of any unit or agency of the United States Government, the following provision shall apply:
The Licensed 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 reserved under the copyright laws of Canada.
8.3 The App Provider and its subsidiaries are third party beneficiaries of this EULA, and upon Your acceptance of the terms and conditions of the EULA they will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.
8.4 Any questions, complaints or claims with respect to the Licensed Application should be directed to Amika Mobile Corporation at:
Amika Mobile Corporation
Attn: App Support
150 Katimavik Road, Suite 208
Ottawa, Ontario, Canada K2L 2N2
Phone: +1-613-599-4445, ext.114