AccuRoute Mobile Legal Terms | EULA
EULA Notice for AccuRoute Mobile Client | General Legal Terms
This AccuRoute Mobile Client software (the “Mobile App”) from Upland AccuRoute. (“AccuRoute”) may only be used in conjunction with a version of AccuRoute’s solution licensed to your employer, and may not be installed or used for any other purpose. The End-User License Agreement between AccuRoute and your employer (the “EULA”) governs your use of the Mobile App, and capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the EULA. Specifically, the Mobile App is Mobile Client Software and the device on which it is installed is a Mobile Device as such terms are used in the EULA. You should check with your employer regarding the terms and conditions of the EULA which apply to your use and installation of the Mobile App on this Mobile Device. If you do not accept the terms of the EULA as they apply to the Mobile App, or if your employer does not have a EULA in effect with AccuRoute that governs your use of the Mobile App, then you may not use or install the Mobile App.
In addition to the terms set forth in the EULA, the following terms (the “Additional App Terms”) apply to your use of the Mobile App if you have obtained the Mobile App from the Apple App Store. In the event of any conflict between the Additional App Terms and the EULA, the Additional App Terms will prevail.
- The Additional App Terms and the EULA are concluded between AccuRoute and you only, and not with Apple, Inc. (“Apple”). As between AccuRoute and Apple, AccuRoute, not Apple, is solely responsible for the Mobile App and the content thereof.
- The license granted to you for the Mobile App is limited to a non-transferable license to use the Mobile App on an Apple-branded product that runs the iOS operating system that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
- As between AccuRoute and Apple, AccuRoute is solely responsible for providing any maintenance and support services with respect to the Mobile App, as may be specified in the EULA or as required under applicable law. AccuRoute and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.
- As between AccuRoute and Apple, AccuRoute is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed by the EULA. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and as between AccuRoute and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be AccuRoute’s sole responsibility.
- As between AccuRoute and Apple, AccuRoute, not Apple, is responsible for addressing any claims by you or a third party relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement;
and (iii) claims arising under consumer protection or similar legislation.
- As between AccuRoute and Apple, in the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, AccuRoute, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Any questions, complaints, or claims with respect to the Mobile App should be directed to:
- Upland AccuRoute
- 6 Riverside Drive
- Andover, MA 01810
- Attention: Chief Financial Officer
- +1 (978) 327-5700
- You must comply with applicable third-party terms of agreement when using the Mobile App.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Additional App Terms. Upon your acceptance of the terms and conditions of these Additional App Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Additional App Terms against you as a third party beneficiary hereof.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACCUROUTE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, TORT, BREACH OF CONTRACT, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO THE LOSS OR MISUSE OF PERSONAL INFORMATION OR OTHER DATA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF ACCUROUTE OR ANY SUPPLIER, AND EVEN IF ACCUROUTE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ACCUROUTE OR ANY OF ITS SUPPLIERS BE LIABLE (WHETHER IN AN ACTION IN NEGLIGENCE, CONTRACT OR TORT OR BASED ON A WARRANTY OR OTHERWISE) FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE ACCUROUTE SOFTWARE, ANY FEES PAID BY YOU UNDER ACCUROUTE ’S ON-SITE SAAS PROGRAM DURING THE PRECEDING TWELVE (12) MONTH PERIOD, OR U.S.$5.00 EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.