GoodMeasure™ Mobile Application ("Application")
End User License Agreement
This end user license agreement outlines the terms related to your use of the Application provided to you by T3 Innovation Labs(“T3”). The Application includes all software, computer code, data and other components of the Application.
Unless expressly stated, this agreement does not modify any other rules, terms, or conditions set forth in any application marketplace, including, but not limited to, the Apple App Store Terms and Conditions,the Google Play Terms of Service, or as otherwise required by any application marketplace provider (“Application Marketplace Provider”). If the Application is downloaded from the Apple App Store, to the extent necessary for this agreement to comply with Apple’s applicable Instructions for Minimum Terms of Developer’s End-User License Agreement (“Apple’s Minimum Terms”), Apple’s Minimum Terms are hereby incorporated into this agreement.
PLEASE READ CAREFULLY: You accept this agreement by either (a) clicking to agree to this agreement, where this option is available; or (b) using the Application, in which case you are agreeing to be bound by this agreement.
This agreement will govern any upgrades to the Application that replace or supplement the original application, unless such upgrade is accompanied by a separate agreement, in which case that agreement will govern. If there are multiple versions of the Application available for download from T3 or other distributors, this agreement applies to all versions of the Application regardless of the location from where the Application is downloaded.
T3 reserves the right, in its sole discretion, to modify or change this agreement at any time without prior notice to you. If you do not agree to this agreement as modified, you must stop using the Application. Your continued use of the Application following the posting of any changes to this agreement constitutes acceptance of those changes.
You and T3 acknowledge that this agreement is entered into between you and T3 and not between you and any Application Marketplace Provider. You further acknowledge that T3, and not any Application Marketplace Provider, is solely responsible for the Application.
You may incur data charges in using the Application.
Provided you comply with this agreement, T3 grants you a revocable, limited, non-transferable, non-exclusive license to use the Application on the device associated with the Application Marketplace Provider account used to download the Application and as permitted by all applicable terms set forth in any applicable application marketplace.
You must be at least 18 years old to use this Application.
DISCLAIMERS, LIMITATIONS, EXCLUSIONS AND INDEMNITY.THE APPLICATION IS PROVIDED ON AN “AS IS,” “WITHOUT ANY WARRANTY,” AND “WITHOUT ANY LIABILITY” BASIS. You bear the risk of using it. T3 does not guarantee the quality, accuracy, completeness, or timeliness of the Application, and to the maximum extent permitted by law, T3 EXPRESSLY DISCLAIMS ANY WARRANTY OF
ANY KIND WITH RESPECT TO THE APPLICATION, INDUCING REGARDING ITS AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS, OR NON-INFRINGEMENT.T3 does not warrant that the functionality or operation of the Application will be uninterrupted or free from error, that any defects in the Application will be corrected, or that the Application or the servers that makes it available are free of viruses or other harmful conditions or components. T3 does not warrant that the Application will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of the data located on your device, and corruption of the software and files located on your device.
T3’S AND THE APPLICATION MARKETPLACE PROVIDERS’ LIABILITY FOR DAMAGES CAUSED BY THE APPLICATION SHALL BE LIMITED TO THE DIRECT PROPERTY DAMAGE TO THE DEVICE IN WHICH IT IS INSTALLED CAUSED BY T3’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, BUT IN NO CASE GREATER THAN $100. TO THE EXTENT PERMITTED BY LAW, T3 AND THE APPLICATION MARKETPLACE PROVIDERS, AND ITS AND THEIR AFFILIATES, ARE NOT LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE APPLICATION, SERVICES, OR THE APPLICATION’S USE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. This includes, but is not limited to, any damages arising from third party access to personal information input in the Application, even if T3 has express knowledge of the possibility of such damages. You shall not seek to recover any damages (including, but not limited to, direct, consequential, lost profits, special, indirect or incidental damages) from T3 or the Application Marketplace Providers, or its and their affiliates, outside of the conditions set forth in this agreement. You must file any lawsuit or other action directed against T3 or its employees, subsidiaries, affiliates, Application Marketplace Providers, or parent companies regarding such damages within one year from the date of the event that caused the damage.
T3 and its licensors have no responsibility, and will in no way be held liable, for the security of your mobile device. You agree not to seek to recover any damages (including, but not limited to, direct, consequential, lost profits, special, indirect or incidental damages) relating to the security of your mobile device beyond the Application from T3, its licensors, or any distributor of the Application. You hereby agree to indemnify, defend, and hold harmless T3 and the Application Marketplace Providers from and against all claims, losses, expenses, damages, or costs (including, but not limited to, direct, consequential, lost profits, special, indirect or incidental damages) and reasonable attorneys’ fees resulting directly or indirectly from or arising out of your use of the Application or your violation of this agreement. This section survives termination of this agreement.
To the maximum extent permitted by applicable law, the applicable Application Marketplace Provider will have no warranty obligation whatsoever with respect to the Application.
INFORMATION; DATA USAGE; CLAIMS.
In order to save images, You must permit T3 to have rights to access your device camera and
photos. If the Application provides any measurement data, that measurement data is for basic estimating purposes only and is not intended to be relied upon in situations where precise measurement information is needed or where erroneous, inaccurate or incomplete measurement data may lead to death, personal injury, property or environmental damage. Such measurement information is approximate (based on factors such as obstructions, beacon orientation, and environmental surroundings) and may be combined with other information submitted by you or collected through the Application. This information may be used by T3 and third parties to improve the Application. You may turn off location services for the Application. The Application service may occasionally be restricted, interrupted or discontinued due to conditions such as, but not limited to, application design, network coverage, government regulation, and other situations beyond T3’s control. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
OWNERSHIP; PROPRIETARY RIGHTS; RESTRICTIONS.
The Application, including all text, graphics, user and visual interfaces, trademarks, design marks, logos, slogans, product names, computer code, software, data, components, documentation and other content (collectively, the “Content”), is exclusively the property of T3 and its licensors and is protected by copyright, trademark and other intellectual property laws. Except as expressly provided in this agreement, no part of the Application or Content, in whole or in part, may be copied, reproduced, duplicated, sold, republished, reposted or otherwise distributed for public or commercial use. You shall not modify, port, translate or create derivative works of, or from, the Application. You shall not decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms from the Application. The Application may utilize or include third party software that is subject to open source and third-party license terms. The use of third-party trademarks in the Application is intended to denote interoperability and does not constitute an affiliation by T3 and its licensors with such company, or an endorsement or approval of such company by T3 and its licensors. You may not use the Application in any anti-competitive manner, for any purpose which would be contrary to T3’s business interest or to T3’s actual or potential economic disadvantage in any aspect.
In the event of any third-party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, the applicable Application Marketplace Provider, will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
The Application is provided “as is.” T3, its suppliers, Application Marketplace Providers, your device manufacturer, and your network operator are not responsible for providing maintenance or support services for the Application.
Subject to the terms and conditions contained in this agreement, you and T3 acknowledge that T3, and not any Application Marketplace Provider, is responsible for addressing any of your claims or the claims of any third party relating to the Application or your possession or use of the Application.
You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties such as the Office of Foreign Assets Control (OFAC) list. You 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.
THIRD PARTY BENEFICIARY.
You and T3 acknowledge and agree that the applicable Application Marketplace Provider and its subsidiaries are third party beneficiaries of this agreement and that, upon your acceptance of this agreement, the applicable Application Marketplace Provider will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary of this agreement.
The Application is controlled and operated in the United States of America. The Application is intended to be used in the United States of America. This agreement is governed by and interpreted according to the law of the state of Texas, excluding that body of law applicable to conflicts of law that would give rise to application of the substantive law of another jurisdiction.By use of the Application You consent to the exclusive personal jurisdiction of the state or federal courts in Travis County, Texas.
SEVERABILITY AND NONWAIVER.
If any provision of this agreement is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect. T3’s failure to enforce any right or provision in this agreement will not constitute a waiver of such provision, or any other provision in this agreement.
COMPLIANCE WITH LAWS.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Application.
DEVELOPER NAME AND ADDRESS.
Please direct any questions, complaints or claims, with respect to the Application, to the following contact email: firstname.lastname@example.org
The license is effective until terminated by you or T3. Provisions regarding ownership of intellectual property, limitations of liability, disclaimers or warranties, governing law and venue, shall survive any expiration or termination of this Agreement. Your rights under this license will terminate automatically without notice from T3 if you fail to comply with this agreement. Upon termination of the license, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.