END USER LICENSE AGREEMENT
This End User License Agreement (this “Agreement”) is a binding agreement between
you (“End User” or “you”) and Armstrong Software, LLC. (doing business as “App My
Community”, and referred to in this Agreement as “Company”, “our”, “we” and words of
similar effect). This Agreement governs your use of the App My Community Mobile
Application (including all related documentation, the “Application”), which Application is
made available to you by or on behalf of Company’s customer identified in the
applicable app or app store listing (the “Customer”). The Application is licensed, not
sold, to you.
BY DOWNLOADING THE APPLICATION YOU: (A) ACKNOWLEDGE THAT YOU
HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU
ARE AUTHORIZED WITH PROPER CREDENTIALS AND PASSWORDS TO ACCESS
AND USE THE APPLICATION; 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 DOWNLOAD, INSTALL, OR USE THE APPLICATION AND
DELETE IT FROM YOUR MOBILE, DESKTOP, OR OTHER DEVICES.
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 use on one or more mobile,
desktop, or other devices owned or otherwise controlled by you (each, a “Device”, and
collectively, the “Devices”) strictly in accordance with the Application’s documentation;
and
(b) Access, stream, download, and use on such Device(s) 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 Service applicable to such
Content and Services (as such terms are defined in Section 5.
2. License Restrictions. End User 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; or
(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; or
(g) Use the Application in, or in association with, the design, construction, maintenance,
or operation of any hazardous environments or systems, including any power
generation systems; aircraft navigation or communication systems, air traffic control
systems or any other transport management systems; safety-critical applications,
including medical or life-support systems, vehicle operation applications or any police,
fire, or other safety response systems; and military or aerospace applications, weapons
systems, or environments.
(h) Use the Application in violation of any applicable law, regulation, or third-party rights.
3. Reservation of Rights. You acknowledge and agree that the Application is provided
under license, and is not sold, to you. 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. Company and its licensors and service providers
reserve and shall retain their entire right, title, and interest in and to the Application,
including all copyrights, trademarks, trade secrets, 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 when you
download, install, or use the Application, Company may use automatic means
(including, for example, cookies and web beacons) to collect information about your
Device(s) and about your use of the Application. 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. All information
collected through or in connection with this Application is subject to our Privacy Policy
located at https://www.appmycommunity.com/privacy/ (the “Privacy Policy”). By
downloading, installing, using, and providing information to or through the Application,
you consent to all actions taken by us with respect to your information in compliance
with the Privacy Policy. You hereby grant us a perpetual, non-exclusive royalty free right
and license to copy, modify, and use any information and data supplied by you or
collected on your behalf so that we may operate, maintain, update and enhance the
Application and our Services. In addition, you agree that Company may use de-
identified, aggregated, or anonymized data derived from use of the Application and the
Services for analytics, product improvement and business purposes, provided that such
data does not identify you or any other individual. In no event will any information be
disclosed in a manner that allows particular customers or individuals to be identified.
5. Content and Services. The Application may provide you with access to Company’s
websites located at www.appmycommunity.com, www.resortnavigator.net and
www.armstrongsoft.com (the “Websites”) and products and services accessible thereon,
and certain features, functionality, and content accessible on or through the Application
may be hosted on the Websites (collectively, “Content and Services”). Your access to
and use of such Content and Services are governed by the Websites’ Terms of Service
located at https://www.appmycommunity.com/terms (the “Terms of Service”) and the Privacy Policy,
which are incorporated herein by this reference. Your access to and use of such
Content and Services may require you to acknowledge your acceptance of such Terms
of Service and Privacy Policy and/or to register with the Websites, and your failure to do
so may restrict you from accessing or using certain of the Application’s features and
functionality. Any violation of the Terms of Service will also be deemed a violation of this
Agreement.
6. Geographic Restrictions. The Content and Services are based in the State of
Missouri in the United States and are provided for access and use primarily in the
United States, Canada, Australia, New Zealand, Mexico, and such other jurisdictions as
the Company may make the Application Available from time to time. You acknowledge
that you may not be able to access all or some of the Content and Services outside of
the United States or other jurisdictions where the Application is made available and that
access thereto may not be legal by certain persons or in certain countries. If you access
the Content and Services from outside the United States or any jurisdiction in which the
Application is officially offered, you are responsible for compliance with local laws.
7. Updates. Company may from time to time in its sole discretion develop and provide
Application updates, which may include upgrades, bug fixes, patches, other error
corrections, and/or new features (collectively, including related documentation,
“Updates”). Updates may also modify or delete in their entirety certain features and
functionality. You agree that Company has no obligation to provide any Updates or to
continue to provide or enable any particular features or functionality. Based on your
Device settings, when your Device is connected to the internet either:
(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 you acknowledge and agree
that the Application or portions thereof may not properly operate should you fail to do
so. You further agree that all Updates will be deemed part of the Application and be
subject to all terms and conditions of this Agreement.
8. 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, which may be provided by our applicable Customer) or provide links to
third-party websites or services, including through third-party advertising or ones
provided by our applicable Customer (“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. Company does not assume and will not have any
liability or responsibility to you or any other person or entity for any Third-Party
Materials. Third-Party Materials and links thereto are provided solely as a convenience
to you, and you access and use them entirely at your own risk and subject to such third
parties’ terms and conditions.
9. Term and Termination.
(a) The term of this Agreement commences when you download or install the
Application and will continue in effect until terminated by you or Company as set forth in
this Section 9.
(b) You may terminate this Agreement by deleting the Application and all copies thereof
from your Device(s).
(c) Company may terminate this Agreement at any time without notice if it ceases to
support the Application, which Company may do in its sole discretion. In addition, the
Company may terminate this Agreement immediately without any notice if you violate
any of the terms and conditions of this Agreement.
(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
from your Device(s) and account.
(e) Termination will not limit any of Company’s rights or remedies at law or in equity.
10. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS
IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY,
ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR
RESPECTIVE LICENSORS, PARTNERS AND SERVICE PROVIDERS, EXPRESSLY
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF
COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE
PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES
NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY
KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY
INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE,
APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION,
MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE,
OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON
IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND
LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR
THEIR RESPECTIVE LICENSORS, PARTNERS OR SERVICE PROVIDERS, HAVE
ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO
USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF
SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL,
BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY
OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR
PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE
AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE
OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE
FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF
LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT
APPLY TO YOU.
12. 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, deficiencies, claims, actions, judgments,
settlements, interest, awards, penalties, fines, costs, and/or expenses of whatever kind,
including reasonable attorney’s fees, arising from or relating to your use or misuse of
the Application or your breach of this Agreement, including but not limited to the content
you submit or make available through the Application.
13. Export Regulation. The Application may be subject to U.S. export control laws,
including the U.S. Export Administration Act and its associated regulations. You shall
not, directly or indirectly, export, re-export, or release the Application to, or make the
Application accessible from, any jurisdiction or country to which export, re-export, or
release is prohibited by law, rule, or regulation. You shall comply with all applicable
federal laws, regulations, and rules, and complete all required undertakings (including
obtaining any necessary export license or other governmental approval), prior to
exporting, re-exporting, releasing, or otherwise making the Application available outside
the U.S.
14. U.S. Government Rights. The Application is commercial computer software, as
such term is defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the U.S.
Government or any contractor therefor, you receive only those rights with respect to the
Application as are granted to all other end users under license, in accordance with:
(a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department
of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other U.S.
Government licensees and their contractors.
15. Severability. If any provision of this Agreement is illegal or unenforceable under
applicable law, the remainder of the provision will be amended to achieve as closely as
possible the effect of the original term and all other provisions of this Agreement will
continue in full force and effect.
16. Governing Law. This Agreement is governed by and construed in accordance with
the internal laws of the State of Missouri without giving effect to any choice or conflict of
law provision or rule. Any legal suit, action, or proceeding arising out of or related to this
Agreement or the Application shall be instituted exclusively in the federal courts of the
United States located in the Eastern District of Missouri or the courts of the State of
Missouri located in Lincoln County, Missouri. You waive any and all objections to the
exercise of jurisdiction over you by such courts and to venue in such courts.
17. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU
MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION ACCRUES OTHERWISE YOU HEREBY AGREE THAT SUCH CAUSE OF
ACTION OR CLAIM IS PERMANENTLY BARRED.
18. Entire Agreement. This Agreement, the Terms of Service and the Privacy Policy
constitute the entire agreement between you and Company with respect to the
Application and supersede all prior or contemporaneous understandings and
agreements, whether written or oral, 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 any power hereunder shall operate as a waiver thereof, nor shall any single
or partial exercise of any right or power hereunder preclude further exercise of that or
any other right hereunder.
