End User License Agreement
This License Agreement (“Agreement”) sets forth the terms and conditions governing the use of the mobile application (the “App”) offered by Hunter Weld LLC, a Texas limited liability company (“Hunter”), downloaded or otherwise acquired by you (“You”) that is designed to operate on any device you own or control which runs any Apple Inc. mobile operating system (“Device”). You agree that to the extent that You have any rights related to this Agreement or the App, it is Hunter, and only Hunter which is liable to you as set forth herein.
You acknowledge that this Agreement is entered into between you and Hunter licensor of the App, and not with any third party Device platform or associated service provider or telecommunications carrier or the third party from whom you are downloading this App or any of their affiliates (each, a “Service Provider”, collectively, “Service Providers”). You also acknowledge that Service Providers have no obligation hereunder to furnish any maintenance and support services with respect to the App. If documentation is provided with the App, you may copy and use the documentation for your internal, reference purposes.
BY USING THE APP, YOU ACCEPT AND AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE.
Hunter reserves the right to update, revise, supplement and otherwise modify this Agreement from time to time. Any such changes to this Agreement will be effective immediately for new users and ten (10) days after notification (including by posting a notice on the applicable Hunter website) for current users. Users are encouraged to review this Agreement periodically for changes. If you do not wish to accept any change, you must uninstall and discontinue using the App. Your continued use of the App following the ten (10) day notice period constitutes your acceptance of those changes.
Subject to the terms hereunder, Hunter hereby grants You a limited, non-exclusive, non-transferrable, revocable license, without the right to sub-license, to install and operate the App on any Device solely for the benefit of You and not for any third party, until the termination of this Agreement. The App is licensed, not sold, to You. Except as expressly granted by this Agreement or otherwise by Hunter or its licensors in writing, you acquire no right, title or license in the App or any data, software, content, application or materials accessed from or incorporated in the App. This Agreement does not give You any rights to any updates or upgrades to the App or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the App developed by Hunter or its suppliers or licensors at any time in the future. Except as required under applicable law, this license does not entitle You to receive any maintenance or support services with respect to the App. Hunter may, but is not obligated to, provide Updates and/or support. If provided by Hunter, Updates may be posted on our web-site, delivered automatically, or You may be notified when a new Update is ready to be installed or we make such Updates available for download. Your use of the Updates will be governed by this Agreement unless You are asked to agree to new or additional terms at the time of download or installation. You also agree that You may have to enter into a renewed version of this Agreement if You want to download, install or use a new or modified version of the App. Any rights not expressly granted hereunder are reserved. There are no implied rights of any kind. To the extent that the App includes intellectual property rights of any third party (“Third Party Rights”), the license granted is to the extent that Hunter is able to license such Third Party Rights.
You agree to the following license restrictions: (a) to use the App solely for Your personal use; (b) to not install or use a copy of the App on a device that you do not own or control; (c) to not duplicate, copy or distribute the App, except as necessary to use it on your Device; (d) to not license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party; (e) to not use the App for any fraudulent, unlawful or illegal activity or in any way that could harm the App or impair anyone else’s use of it or a wireless network or to try to gain unauthorized access to any service, data, account or network by any means; (f) to not modify, translate, or create derivative works based on the App or disassemble, decompile or reverse engineer any part of the App, except and only to the extent that applicable law expressly permits, despite this limitation; (g) to not work around any technical limitations in the App; and (h) to preserve all copyright and other proprietary rights notices on the App and all copies thereof.
No rights in the App are granted, whether expressly or by implication, including, without limitation, any rights in any patents, copyrights, trademarks or trade secrets embodied therein, except in connection with the permitted uses expressly described herein.
Neither Hunter nor Service Providers have any warranty obligation hereunder and give no guarantees or warranties with respect to the App or in relation to the use thereof. To the extent permitted by applicable law, Hunter and Service Providers exclude any and all warranties including, without limitation, any implied warranties or conditions of quality, performance, results, durability, title, merchantability, fitness for a particular purpose and non-infringement arising by statute or otherwise in law or from a course of dealing or usage of trade arising out of or related to this Agreement or arising out of or related to any associated programs, processes, products or services or their performance or their failure to perform. Service Providers shall not be responsible for any breach of this Agreement. You agree to indemnify and hold Hunter, its owners and affiliates, and Service Providers harmless from your use of the App.
You acknowledge that to the extent that you have any rights, Hunter, not any Service Provider, is responsible for addressing any claim you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual property rights
All intellectual property rights associated with the App are owned by Hunter. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the App (“Submissions”), provided by You to Hunter are non-confidential and shall become the sole property of Hunter. Hunter shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
Third party beneficiary
You acknowledge and agree that Service Providers are third party beneficiaries of these terms and upon your acceptance of the terms of this Agreement, Service Providers will have the right (and are deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof.
Product questions and contact
Hunter, not any Service Provider, is responsible for addressing any questions, comments or claims relating to the App and/or your use of the App. Any questions, comments or claims relating to the App can be directed to the following:
Hunter Weld LLC
NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY LIABILITY TO THE EXTENT THAT THE SAME MAY NOT BE EXCLUDED OR LIMITED UNDER GOVERNING LAW.
YOU AGREE THAT THE APP IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY EXPRESS OR IMPLIED AND WHETHER AS TO MERCHANTABILITY, FITNESS FOR PURPOSE OR INFRINGEMENT. NO WARRANTY OR REPRESENTATION IS GIVEN, AND/OR ANY LIABILITY IS ACCEPTED, BY HUNTER IN RELATION TO THIRD PARTY RIGHTS. ANY USE OF THE APP IS AT YOUR SOLE AND ABSOLUTE RISK. IN NO EVENT, WILL SERVICE PROVIDERS, HUNTER OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR CONSULTANTS (“HUNTER PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP, OR ERRORS IN OR LOSS OF ANY DATA. SPECIFICALLY, HUNTER IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF THE APP, LOSS OF DATA, THE COSTS OF RECOVERING DATA, ANY CLAIMS BY THIRD PARTIES, OR FOR ANY OTHER SIMILAR COSTS. HUNTER MAKES NO WARRANTY OF ANY KIND AS TO THE SUITABILITY OR ADEQUACY OF THE APP FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GIVEN THAT YOU ARE IN A BETTER POSITION THAN HUNTER TO FORESEE AND EVALUATE ANY POTENTIAL DAMAGE OR LOSS WHICH YOU MAY SUFFER IN CONNECTION WITH THE USE OF THE APP, YOU ACKNOWLEDGE AND AGREE THAT THE EXCLUSIONS AND LIMITATIONS CONTAINED HEREIN ARE REASONABLE. TO THE EXTENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT WITH JURISDICTION TO BE UNREASONABLE, OR WITH REGARD TO ANY OTHER CLAIMS OR DAMAGES, YOU AGREE THAT THE HUNTER PARTIES’ AGGREGATE LIABILITY SHALL NOT EXCEED $500.00. YOU SHALL ACT AT ALL TIMES TO MITIGATE ANY LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT SHARING OF YOUR ACCOUNT INFORMATION, LOGIN INFORMATION OR PASSWORDS SHALL BE AT YOUR SOLE AND ABSOLUTE RISK AND THAT HUNTER SHALL NOT BE LIABLE FOR ANY DAMAGE ARISING AS A RESULT OF SUCH SHARING.
Some countries do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You may terminate this license at any time. Hunter, in its sole discretion, has the right to suspend or terminate this license and your account and refuse any and all current or future use of the App for any reason at any time. This license and Your right to use the Licensed App automatically terminate if You fail to comply with any provision of this Agreement. Your duties to (i) refrain from any kind of reverse engineering or other act in violation of this agreement or (ii) indemnify Hunter or the Hunter Parties shall survive termination of this Agreement. Upon termination You will remove all copies of the App on any Device on which it was installed.
You agree that the App and any data, software, content, application or materials accessed from or incorporated in the App are the confidential information of Hunter and You agree not to disclose such confidential information to any third party. You agree that breach of this duty of confidentiality shall cause irreparable harm for which monetary damages would be difficult to quantify or insufficient and therefore Hunter shall be entitled to immediate injunctive relief in the event of breach without an obligation of posting bond.
Choice of Law and Forum
This Agreement and all matters related to the App and this Agreement shall be construed under the laws of the State of Texas, U.S.A. as applied to contracts performed entirely within the state. Any dispute arising under this Agreement or related to the App or this Agreement shall be exclusively heard in the state or federal courts residing in Harris County, Texas, U.S.A. Each party hereto consents to the jurisdiction of such courts with regard to matters arising in connection with this Agreement or the App and waives any claim it has that such a forum is inconvenient.
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; (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) You will comply with all relevant U.N. and EU sanctions and embargoes.