OnWatch™ End User License Agreement
By installing and using this software, you are agreeing to be bound by the terms of this End User License Agreement (the “License”). This License is a legally binding agreement between you and WatchMe 911, Inc. governing your use of the OnWatch™ software (the “Software”) and documentation (if any) accompanying this License. You acknowledge that Apple is not a party to this agreement and is not responsible for any of WatchMe 911 Inc.'s obligations hereunder. You agree that your use of the Software signifies that you have read this License, understand it, and that you agree to be bound by its terms and conditions. If you are the parent or legal guardian of an intended use of the Software, you are individually responsible for the obligations hereunder and for taking reasonable actions to ensure that the child complies with the terms of this License.
1. Grant of Limited License. WatchMe 911™ hereby grants you a non-exclusive, personal and limited license to install and use the Software on a single device, together with all information, text, images and other data contained within the Software (the “Content”). You may not use the Software or any Content for any commercial purpose. This License does not allow the Software or any Content to exist on more than one device at a time, except as permitted by Apple and WatchMe 911, Inc. You may not decompile, reverse engineer, or disassemble the Software or any Content. You may not modify, rent, lease, loan, sublicense, distribute, transmit, share (over a network or otherwise) or create derivative works based upon, the Software or any Content. This license does not authorize you to use the Software or Content in any manner other than that set forth herein.
2. Acceptable Use. You agree to use the Alert Message features of the Software only for actual emergencies and safe arrival notifications. By using the Software, you acknowledge that you assume sole responsibility for safe use of the Software and the service it facilitates. You are authorized to use the Software only for the purposes described in the documentation. You may not use the Software in a manner which would violate any law or which facilitate or encourage anyone else to violate any law. You are the author of your own Alert Messages (as defined in the documentation), and you assume so responsibility for the content of such messages. You are advised to consider carefully the content of your Alert Messages, and to consider what actions may be taken by the recipients of such messages.
3. Usage Restrictions. You agree not to engage in unacceptable use of the Software, including but not limited to the following activities: (i) creating a false identity or otherwise attempting to mislead any person as to your identity or the origin of any communication transmitted through the Software; (ii) intentionally transmitting a false or unjustified alert through the Software; (iii) disseminating or transmitting any messages that do not pertain to the intended use of the Software or that contain anything that is obscene, defamatory, harassing, offensive, or malicious; (iv) disseminating or transmitting files, graphics, software, or other material that actually or potentially infringes the intellectual property right of any person or entity; (v) exporting, re‐exporting, or otherwise transmitting data, information, or software in violation of any applicable export or import law, regulation, or restriction; (vi) interfering with, disrupting, or attempting to gain unauthorized access to information or other accounts making use of the Software; (vii) attempting to copy, modify, or reverse engineer the Software; (viii) using the Software without first agreeing to this License, as it may be amended from time to time; (ix) using or attempting to use the Software with any communication or other network other than a carrier approved by WatchMe 911, Inc.; (x) using the Software in a manner that exploits or violates the personal privacy of another individual; and (xi) engaging in any other activity deemed by WatchMe 911, Inc. to be in conflict with the spirit or intent of this License or the intended use of the Software.
4. Ownership. WatchMe 911, Inc. retains all right, title and interest in and to the Software and the Content, including, but not limited to all intellectual property rights, and excluding any personal content created by you. The Software and Content are protected by the copyright laws of the United States and international copyright treaties. You agree to use your best efforts to prevent and protect the Software and Content from unauthorized disclosure or use. WatchMe 911, Inc. and/or its licensors and suppliers reserve all rights not expressly granted to you.
5. Location-Based Services. Many of the essential features of the OnWatch™ software and services, by their nature, require the use of “location-based” services and technology. By using the Software, you acknowledge that the location tracking features (e.g. GPS, etc.) of your mobile device must be enabled at all times when you are using the Software. WatchMe 911, Inc. expressly disclaims any liability for the failure of the Software to perform as intended if such features have been disabled, or fail to function properly, on your mobile device. In addition, WatchMe 911, Inc. may collect, use, and share precise location data, including the real-time geographic location of your mobile device as necessary in the provision of the services. Any additional use of this location data will be collected and stored anonymously in a form that does not personally identify you and is used by WatchMe 911, Inc. and our partners and licensees to provide and improve the location-based products and services.
6. DISCLAIMER OF WARRANTY. YOU ASSUME SOLE RESPONSIBILITY FOR THE SAFE USE OF THE SOFTWARE AND FOR THE SAFETY OF YOURSELF AND ANYONE YOU CONTACT USING THE SOFTWARE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WatchMe 911, Inc. FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. WatchMe 911, Inc. DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WatchMe 911, Inc. OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
7. EMERGENCY RESPONSE LIMITATIONS. IF YOU USE THE SOFTWARE AS A MEANS OF NOTIFYING EMERGENCY RESPONSE PERSONNEL (E.G., POLICE, FIRE DEPARTMENT, AMBULANCE) TO PROVIDE YOU WITH ON‐LOCATION ASSISTANCE BASED ON INFORMATION TRANSMITTED THROUGH THE SOFTWARE. EMERGENCY RESPONSE PERSONNEL WILL NOT BE ABLE TO RESPOND UNLESS THEY CAN CONFIRM: (A) YOUR LOCATION WITHIN REASONABLE ACCURACY, AND (B) THAT AN EMERGENCY ACTUALLY EXISTS. WatchMe 911, Inc. CANNOT GUARANTEE THAT ANY EMERGENCY PERSONNEL WILL RESPOND IN A TIMELY MANNER OR AT ALL, OR THAT THE MOST APPROPRIATE PERSONNEL WILL RESPOND. ADDITIONALLY, EMERGENCY RESPONSE PERSONNEL MAY NOT RESPOND BECAUSE OF LOCAL LAWS, REGULATIONS, OR POLICIES.
8. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WatchMe 911, Inc. BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WatchMe 911, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You assume sole liability for any damages arising from your modifications or attempts to modify the software. In no event shall WatchMe 911, Inc.’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Indemnification. You agree to hold harmless, indemnify and defend WatchMe 911, Inc. and its owners, officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have violated any term or condition of this License or have breached any representation made by you in connection with the grant of this License.
10. Termination. Your rights under this License shall terminate automatically if you fail to comply with any of the terms and conditions of this License. No notice shall be required from WatchMe 911, Inc. to effectuate such termination. Upon termination, you must destroy all copies of the Software.
11. Legal Compliance. You hereby 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.
12. Third Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this License, and upon your acceptance of the terms and conditions hereof, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
13. Miscellaneous. This License Agreement shall constitute the complete and exclusive agreement between you and WatchMe 911, Inc.. Any rights not expressly granted herein are reserved. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof. This License Agreement shall be governed by the laws of the State of California, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts in Los Angeles, California, USA. Any and all unresolved disputes arising under this License Agreement shall be submitted to arbitration in Los Angeles County, California, USA. The arbitration shall be conducted under the rules then prevailing of JAMS/Endispute. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You acknowledge that a violation of this License may cause irreparable harm to WatchMe 911, Inc., and you agree that, in addition to any other remedies provided by law, WatchMe 911, Inc. shall be entitled to seek injunctive relief against any such violation without having to post a bond.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.© 2011 WatchMe 911, Inc. 9116 Sunland Blvd., Ste.102, Sun Valley, CA 91352. OnWatch™ and the OnWatch™ logo are trademarks of WatchMe 911, Inc.. All rights reserved.