Roadside America App for iPhone
Terms and Conditions
END-USER LICENSE AGREEMENT
This is a legal agreement between you and This Exit LLC ("This Exit"), and not with Apple® Inc., regarding your use of RoadsideAmerica.com's Roadside America mobile application software (the "Software"). By using the Software, you agree to be bound by the terms of this End-User License Agreement (this "EULA"). If you do not agree to the terms of this EULA, you are not entitled to use the Software and must uninstall the Software from all of your devices.
License. Subject to the terms and conditions of this EULA, This Exit grants you a non-exclusive, non- transferable, non-assignable license (without right of sublicense) to install and use one copy of the Software on your personal mobile device in machine executable object code form solely for your personal use.
Restrictions. The Software and any related documentation is protected by United States copyright law and international treaty provisions. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of This Exit. You may not assign this EULA or any of the rights or licenses granted under this EULA or rent, lease, or lend the Software to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void. You acknowledge that the Software contains proprietary trade secrets of This Exit and its suppliers. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
Ownership. The Software is licensed, and not sold, to you under this EULA. You have no ownership rights in the Software, Services (defined below) or any related documentation. This Exit and its suppliers retains all right, title, and interest in and to the Software and Services (including any changes, modifications, or corrections thereto) and any related documentation.
Suggestions. If you elect to provide or make available to This Exit any suggestions, comments, ideas, improvements, or other feedback or materials related to the Software or Services (collectively, "Suggestions"), This Exit will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute your Suggestions in any manner and you will gain no right, title or interest in or to the Software or Services by virtue of This Exit doing so.
Uploads. The Software provides you with the ability to upload your content created in and pertaining to travel and tourist attractions in the United States and Canada, including text, photos, and location data, as well as information regarding your personal use of the Software (collectively, "Uploads") to This Exit's servers, to notify others about the availability of your Uploads (the "Upload Service"), and to notify yourself using an external notification (examples being, but not to limited to: "RoadsideAmerica.com Sunset Alert (tm)" and "RoadsideAmerica.com Tourist Interruptus (tm)"). If you use the Software to submit Uploads, you authorize This Exit to retain your Uploads on its servers, to reproduce, publish and make your Uploads available to anyone you notify about the availability of your Uploads, and to disclose the user name you submitted with your Uploads. In addition, if you elect to submit your Uploads to This Exit's website RoadsideAmerica.com ("RoadsideAmerica.com"), you grant This Exit a worldwide, non-exclusive, royalty-free, perpetual, sublicensenseable and transferable license, in relation to your Uploads, to store on its servers, display, reproduce, publish, distribute, prepare derivative works of Uploads and disclose the user name you submitted with Uploads, including without limitation for promotional purposes, in any and all media now known or hereafter devised. In addition to the Upload Service, the Software may provide functionality through which you are able to receive other services from This Exit (such other services and the Upload Service, collectively, the "Services"). This Exit will have no obligation to provide any Services, may change the form and nature of any Services, including removal or disable access to any Service, at any time with or without notice to you, will have no liability whatsoever to you or any third party for any failure of the Software or Services to transmit your Uploads to or from This Exit's servers, may cease providing any Services at any time with or without notice to you, and will have no obligation to retain your Uploads (or any other materials you may provide to This Exit) on its servers or return your Uploads (or any other materials you may provide to This Exit) to you before deleting them from its servers.
Storage. The Software may provide functionality through which you are able to store information and Uploads on the device on which you are using the Software. This Exit will have no liability whatsoever to you or any third party for any failure of the Software to store any such information on such device. This Exit will have no liability whatsoever to you or any third party for any failure to store any information or Uploads on This Exit servers.
Disclaimer of Warranty. THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND SERVICES IS WITH YOU. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. THIS EXIT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SOFTWARE AND SERVICES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. THIS EXIT AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE SOFTWARE OR SERVICES OR NONCONFORMITY TO ITS OR THEIR DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO THIS EXIT AND ITS SUPPLIERS TO GRANT THE LICENSE CONTAINED IN THIS EULA AND TO PROVIDE YOU WITH ACCESS TO THE SERVICES.
Use of the Software is at the User's Own Risk. THE SOFTWARE AND SERVICES ARE INTENDED FOR USE AS AN INTERACTIVE TRAVEL GUIDE AND INFORMATIONAL SOURCE FOR TOURIST ATTRACTIONS IN THE UNITED STATES AND CANADA, BUT NOT AS AN OFFICIAL SOURCE OF MAPS, DIRECTIONS OR NAVIGATION. THE SOFTWARE AND SERVICES ARE NOT FAA CERTIFIED AND MUST NOT BE USED FOR PRIMARY NAVIGATION. THE SOFTWARE AND SERVICES MAY NOT TO BE USED FOR SAFETY OF LIFE APPLICATIONS, OR FOR ANY OTHER APPLICATION IN WHICH THE ACCURACY OR RELIABILITY OF THE SOFTWARE OR SERVICES COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR. DO NOT ATTEMPT TO READ INFORMATION FROM THE SOFTWARE WHILE DRIVING. DO NOT ATTEMPT TO ENTER OR CHANGE INFORMATION IN THE SOFTWARE WHILE DRIVING. OBEY ALL TRAFFIC LAWS. FAILURE TO PAY FULL ATTENTION TO THE OPERATION OF YOUR VEHICLE COULD RESULT IN DEATH, SERIOUS INJURY, OR PROPERTY DAMAGE. BY USING THE SOFTWARE, YOU ASSUME ALL RESPONSIBILITY AND RISK.
Suitability of Software Content: The Software provides an unofficial resource of United States and Canada maps, directions, attraction details and tips ("Attraction Information") as a convenience to you, providing all information as is. Some information has been provided by RoadsideAmerica.com site visitors and may not be verified. Attraction location, status, hours and prices can change without notice. This Exit assumes no responsibility for and disclaims all liability for errors or omissions in the Attraction Information. Some attractions are on private property, and where applicable you must ask permission of the property owner to enter. Obey all laws pertaining to property, public access, and exercise common sense and courtesy. You are recommended to call ahead to confirm any attraction is currently open to the public.
Suitability of Uploads: You warrant and represent that Uploads provided by you are your copyrighted property. This Exit accepts photo submissions as part of Uploads with the understanding that you have acquired permission to use the photographs from any recognizable person in the photograph. Submittal of Uploads or Attraction Information does not guarantee publication on RoadsideAmerica.com or appearance in the Software.
Termination of the EULA does not void the prior permission granted to This Exit LLC and RoadsideAmerica.com to use submitted photos or Attraction Information.
Editorial Policy: This Exit and RoadsideAmerica.com are under no obligation to use Uploads submitted by you to RoadsideAmerica.com. This Exit reserves the right to remove any Uploads from RoadsideAmerica.com for any reason. Material deemed offensive or inappropriate will be removed and may cause your account on This Exit's servers to be suspended and your ability to submit to RoadsideAmerica.com from the Software to be disabled.
Intellectual Property Rights: All content elements in the Software and the Services, including text, audio, video, graphics, multimedia and other content, including all copyrights and trademarks therein, are owned by This Exit, with the exception of elements provided by attractions, partners, and user contributors, as noted, which may also be protected by copyright. Unauthorized copying or distribution of content is an infringement of the respective owners' intellectual property rights. This Exit may elect to prosecute anyone who infringes upon the copyright, or other intellectual property rights.
Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THIS EXIT OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS EULA, YOUR USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, OR YOUR USE OF OR RELIANCE ON ANY DATA (INCLUDING GPS DATA) YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR SERVICES, EVEN IF THIS EXIT OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that This Exit may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of This Exit's liability shall be the minimum permitted under such applicable law.
Termination. This EULA is effective until it is terminated by you or This Exit. You may terminate this EULA at any time by destroying all copies of the Software and related documentation in your possession or under your control. This EULA will automatically terminate if you violate any of the terms of this EULA. All license rights granted to you shall immediately terminate. All other provisions of this EULA shall survive such termination.
Export Laws. You acknowledge that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Software. You agree that you will not export or re-export the Software in any form in violation of the laws of the United States or any foreign jurisdiction. 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.
Miscellaneous. This EULA is the entire agreement between you and This Exit with respect to, and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Software) concerning, the subject matter of this EULA. In no event shall any additional or inconsistent term in any purchase order or similar document submitted by you modify the terms of this EULA. Except for the terms and conditions of this EULA expressly prohibited by applicable laws of other countries, this EULA is governed by the laws of the State of California, USA, as such laws apply to contracts between California residents entered into and performed entirely in California (notwithstanding your place of residency). You agree that any dispute arising from or relating to this EULA shall be brought exclusively in a court of competent jurisdiction, federal or state, located within the State of California, County of San Francisco, and in no other jurisdiction, and you hereby consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, such court. This EULA will not be governed by the U.N. Convention on Contracts for the International Sale of Goods. If any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and the remainder of this EULA will remain in full force and effect. Failure by This Exit to prosecute any right with respect to a default hereunder will not constitute a waiver by This Exit of the right to enforce rights with respect to the same or any other breach.
Contact Us. You may contact us at This Exit LLC, Inc., P.O. Box 324, Novato, CA 94948-0324, USA and visit http://www.roadsideamerica.com/mobile/ for Software support issues.
End-User Terms Required by Apple. You acknowledge and agree that (i) this EULA is concluded between you and This Exit, and not Apple, Inc. ("Apple"); (ii) This Exit, and not Apple, is solely responsible for the Software; (iii) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Software; (iv) in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Software; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software; (vi) Apple is not responsible for any claims that you have arising out of your use of the Software; (vii) Apple will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the Software infringes that third party's intellectual property rights; and (viii) Apple and its subsidiaries are third party beneficiaries of this EULA and, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary.
Trademarks and Patents: US and Foreign Patents Granted and Pending. RoadsideAmerica.com Tourist Interruptus™ and RoadsideAmerica.com Sunset Alert™ are pending trademarks owned by This Exit LLC. All other trademarks remain the property of their respective owners. Copyright 2009-2011 This Exit LLC. All rights reserved.
Effective Date: January 1, 2011