This Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Techtronic Industries Australia Pty Ltd, trading as Milwaukee Tool (Australia) ("Company"). This Agreement governs your use of the Milwaukee Pipeline Inspection Application (on whatever platform and in whatever form, including, without limitation, the mobile device platform application and the web-enabled application, and including all related documentation, collectively the "Application"). The Application is licensed, not sold, to you.
BY DOWNLOADING AND USING THE APPLICATION, YOU:
(a) acknowledge that you have read and understand this Agreement;
(b) represent that you are 18 years of age or older/of legal age to enter into a binding agreement; and
(c) accept this Agreement and agree that you are legally bound by its terms.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR DEVICE.
1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and nontransferable license to:
(a) download, install and use the Application for your personal use on a single device owned or otherwise controlled by you ("Device") strictly in accordance with the Application's documentation; and
(b) access, stream, download and use on such Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5.
2. License Restrictions. Licensee shall not:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
(f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
3. Reservation of Rights. You acknowledge and agree that:
(a) The Application is provided under license, and not sold, to you.
(b) You do not acquire any ownership interest in the Application under this Agreement or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement.
(c) Company and its licensors and service providers reserves and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information. You acknowledge that:
(a) When you download, install or use the Application, Company may use automatic means to collect information about your Device and about your use of the Application.
(b) You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others.
(c) In particular, use of the Application may require disclosure of information about your Device and your use of the Application which will be collected automatically in connection with analytics services which Company uses for purposes of reporting and diagnosing crashes of the Application and to improve the Application.
(d) All information we collect through or in connection with this Application is subject to our Privacy Policy www.milwaukeetool.com.au/privacy-policy.html .
(e) By downloading, installing, using and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and this Agreement.
5. Content and Services. The Application may provide you with access to Company's website located at www.milwaukeetool.com.au (the "Website") and products and services accessible thereon, and certain features, functionality and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services").
Your access to and use of such Content and Services are governed additionally by the Website's Terms of Use and Privacy Policy located at www.milwaukeetool.com.au/legal.html and www.milwaukeetool.com.au/privacy-policy.html , which are incorporated herein by reference.
6. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates").
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so.
7. Third Party Materials. The Application may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials").
You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.
8. Term and Termination.
(a) The term of Agreement commences when you install the Application and will continue in effect until terminated by you or Company as set forth in this Section 8.
(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Device.
(c) Company may terminate this Agreement at any time without notice if it ceases to support the Application.
(d) Upon termination:
(i) all rights granted to you under this Agreement will terminate; and
(ii) you must cease all use of the Application and delete all copies of the Application.
9. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.
COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION.
(a) Personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption or computer failure.
(b) Direct damages that exceed the amount actually paid by you for the Application.
NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY CONDITION, WARRANTY, CONSUMER GUARANTEE, RIGHT OR REMEDY IMPLIED OR IMPOSED BY LAW THAT CANNOT BE LAWFULLY EXCLUDED.
11. Indemnification. You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities and expenses arising from your use or misuse of the Application or your breach of this Agreement.
12. Multi-User. The Multi-User functionality of the Application may allow users to enter and store information about other users to facilitate coordination and organization among associated users.
BY USING ANY MULTI-USER FUNCTIONALITY OF THE APPLICATION YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU HAVE PROVIDED THE NECESSARY NOTICES AND OBTAINED THE REQUIRED CONSENTS FROM INDIVIDUALS WHOSE PERSONAL INFORMATION YOU ENTER INTO THE APPLICATION.
13. Open Source Components. The Application may contain, rely upon, or dynamically link to certain open source software components owned by applicable third parties ("OSS").
Each item of OSS is licensed and distributed under its applicable licence terms as provided with the Application.
14. Export Regulation. You shall not, directly or indirectly, export, re-export or release the Application to any jurisdiction or country to which such export is prohibited by law.
15. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions shall continue in full force and effect.
16. Governing Law. This Agreement is governed by and construed in accordance with the laws of New South Wales.
17. Limitation of Time to File Claims. Any cause of action or claim arising out of or relating to this Agreement or the Application must be commenced within one (1) year after the cause of action accrues.
18. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application.
19. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or power hereunder shall operate as a waiver thereof.