SCRAM Mobile Officer App Terms and Conditions
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THIS SOFTWARE (“Mobile Application”). BY INSTALLING THE MOBILE APPLICATION, YOU AGREE TO THE FOLLOWING:
THIS MOBILE APPLICATION IS PROPRIETARY SOFTWARE OF ALCOHOL MONITORING SYSTEMS, INC. (“AMS”) AND ALL COPYRIGHTS, PATENTS, TRADEMARKS, TRADE SECRETS AND OTHER INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH IT ARE AND SHALL REMAIN THE PROPERTY OF AMS. THIS MOBILE APPLICATION PERMITS YOU TO ACCESS ONE OR MORE OF AMS’S PROPRIETARY SOFTWARE APPLICATIONS (“AMS SOFTWARE”). YOUR USE OF THIS MOBILE APPLICATION IS LIMITED BY AND SUBJECT TO THE TERMS BELOW AND THE TERMS OF THE AGREEMENT BETWEEN THE COMPANY OR AGENCY AUTHORIZING YOUR ACCESS TO THE AMS SOFTWARE AND EITHER AMS OR ITS AUTHORIZED RESELLER (COLLECTIVELY, THE “AGREEMENT”). YOU MUST CONSULT WITH THAT COMPANY OR AGENCY IN ORDER TO FULLY UNDERSTAND THE AGREEMENT AND HOW IT RELATES TO YOUR USE OF THE MOBILE APPLICATION. ALL RIGHTS IN AND TO THE MOBILE APPLICATION NOT EXPRESSLY GRANTED IN THE AGREEMENT ARE HEREBY RESERVE AND RETAINED BY AMS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DO NOT INSTALL THE MOBILE APPLICATION.
LICENSE. Under the Agreement you are granted a non-transferable, non-exclusive limited license to install and use this Mobile Application solely for the purpose of accessing and analyzing information which you are expressly authorized by AMS to access the AMS Software and interacting with any monitoring clients who are authorized users of compatible AMS mobile applications. You, and no one else, are permitted to use the Mobile Application and you may not install or use a copy of the Mobile Application on a device that is not owned or controlled by you.
CONSENT TO USE OF DATA: You agree that AMS may collect and use technical data that is gathered periodically to facilitate the provision of software updates, product support, and other services to you and which AMS may use to improve its products or services so long as it is not used in a form that will personally identify you.
USAGE RESTRICTIONS. You will not (a) tamper with the security of the Mobile Application; (b) access data through the use of the Mobile Application which is not intended for you; (c) log into a server or account through the Mobile Application for which you are not authorized; (d) modify, adapt, alter, translate, or create derivative works of the Mobile Application; (e) license, sublicense, sell, resell, transfer, distribute or otherwise transfer or commercially exploit the Mobile Application; (f) make the Mobile Application available to any third party; (g) remove, modify, or obscure any copyright, trademark, patent or other proprietary notice that appears on the Mobile Application; (h) make the Mobile Application available over a network or other environment permitting access or use by multiple mobile devices; (i) create any link to the Mobile Application or frame or mirror any content contained or accessible from the Mobile Application; (j) use the Mobile Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by AMS; or (k) reverse engineer, remanufacture, decompile, disassemble, or otherwise attempt, in whole or in part, to derive the source code for or to decrypt the Mobile Application. You will use the Mobile Application only in accordance with any available User Guides and applicable laws and government regulations. AMS shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable license to use or incorporate into the Mobile Application or other AMS software any suggestions, enhancement requests, recommendations or other feedback provided by you and you waive any confidentiality or privacy restrictions that may otherwise apply to your suggestions, enhancement requests, recommendations or other feedback.
DEACTIVATION OR SUSPENSION. AMS reserves the right to deactivate or suspend your access to the Mobile Application if such you are found or are reasonably suspected to be using your use of or access to the Mobile Application (i) in violation of the Agreement or (ii) to facilitate illegal, abusive or unethical activities including pornography, obscenity, violations of law or privacy, hacking, computer viruses, or any harassing or harmful materials or uses. Your access also may be terminated by AMS due to other specific provisions in or the expiration of the Agreement.
NO WARRANTIES; NO LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, AMS MAKES NO WARRANTIES DIRECTLY TO YOU OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT, COURSE OF PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMS DISCLAIMS ALL LIABILITY OF ANY KIND TO YOU, WHETHER IN CONTRACT OR TORT, WITH REGARD TO YOUR DOWNLOAD AND USE OF THE MOBILE APPLICATION. THIS LIMITATION MAY NOT APPLY IN CERTAIN JURISDICTIONS THAT DO NOT ALLOW THE LIMITATION OF LIABILITIY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
OTHER COSTS. MESSAGE AND DATA RATES MAY APPLY TO THE USE OF THE MOBILE APPLICATIONS AND AMS IS NOT RESPONSIBLE FOR ANY RESULTING COSTS INCURRED AS A RESULT OF SUCH USE.
TERM AND TERMINATION. YOUR LICENSE AND RIGHT TO USE THE MOBILE APPLICATION UNDER THE TERMS OF THE AGREEMENT WILL CONTINUE UNTIL YOUR ACCESS IS TERMINATED BY AMS BASED ON (I) THE EXPIRATION OF THE TERM OR TERMINATION OF THE AGREEMENT BY YOUR COMPANY/AGENCY OR AMS, (II) YOUR REMOVAL AS AN AUTHORIZED USER UNDER TERMS OF THE AGREEMENT, (III) YOUR VIOLATION OF THE TERMS OF THE AGREEMENT, OR (IV) PURSUANT TO OTHER PROVISIONS IN THE AGREEMENT. THE “USAGE RESTRICTIONS” ABOVE SHALL SURVIVE TERMINATION OF THE AGREEMENT TO THE EXTENT THAT A COPY OF THE MOBILE APPLICATION REMAINS ON ANY OF YOUR MOBILE DEVICES.
EXPORT OF MOBILE APPLICATION. You are solely permitted to use or export/re-export this Mobile Application in full compliance with US export laws and, if you downloaded and are using it outside the US, in full compliance with the export laws of the jurisdiction in which this Mobile Application was downloaded or is being used.
US GOVERNMENT: This Mobile Application (and any related documentation) is a “Commercial Item”, 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. As such, if the Mobile Application is being licensed to US Government end users or US prime contractor or subcontractor end users, then it is being licensed (a) only as a Commercial Item and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
LAW AND JURISDICTION/VENUE. Except where the following is not permitted by applicable law, you and AMS agree that the Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflicts of laws provisions, and you and AMS consent to jurisdiction, service of process and venue in the City and County of Denver, Colorado. The United Nations Convention on Contracts for the International Sale of Goods specifically does not apply to this Agreement.