The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor (“Be Seen Be Safe Ltd / Fences Inc”) reserves all rights not expressly granted to You. The Product that is subject to this license is the “Be Seen Be Safe / Fences Mobile Device App” referred to in this license agreement as the “Licensed Application.”
1. Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any Android, iOS, Blackberry, HP webOS, Symbian OS, Bada (from Samsung) and Windows Mobile operating systems or any other smartphone or GPS enabled device that You own or control. This license does not allow You to use the Licensed Application on any Android, iOS, Blackberry, HP webOS, Symbian OS, Bada (from Samsung) and Windows Mobile operating systems or any other smartphone or GPS enabled device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Be Seen Be Safe Ltd / Fences Inc and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Be Seen Be Safe Ltd / Fences Inc that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Consent to Use of Data: You agree that Be Seen Be Safe Ltd / Fences Inc may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Be Seen Be Safe Ltd / Fences Inc may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
3. Termination. The license is effective until terminated by You or Be Seen Be Safe Ltd / Fences Inc. Your rights under this license will terminate automatically without notice from the Be Seen Be Safe Ltd / Fences Inc if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy and delete from your smartphone device all copies, full or partial, of the Licensed Application.
4. Services; Third Party Materials. The Licensed Application may enable access to Be Seen Be Safe / Fences’ and other third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services. You agree to use the Services at Your sole risk and that Be Seen Be Safe Ltd. / Fences Inc. shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable or any damage caused to the device from which you access the Services.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Be Seen Be Safe Ltd / Fences Inc is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Be Seen Be Safe Ltd / Fences Inc does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.
Be Seen Be Safe Ltd. / Fences Inc. makes every effort to ensure its location data is accurate. The location data provided by Be Seen Be Safe / Fences is provided solely for use as a tool to mitigate disease spread in agriculture. If You use the information provided by Be Seen Be Safe / Fences for any other purpose, by agreeing to these terms and conditions You acknowledge that You do so at you own risk.
You agree that all Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Be Seen Be Safe Ltd / Fences Inc is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Android, iOS, Blackberry, HP webOS, Symbian OS, Bada (from Samsung) and Windows Mobile operating systems or any other smartphone or GPS enabled device are not available in all languages or in all countries. Be Seen Be Safe Ltd / Fences Inc makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Be Seen Be Safe Ltd / Fences Inc, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Be Seen Be Safe Ltd / Fences Inc be liable for the removal of or disabling of access to any such Services. Be Seen Be Safe Ltd / Fences Inc may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
5. No warranty: You expressly acknowledge and agree that use of the Licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application (“services”) are provided “as is” and “as available”, with all faults and without warranty of any kind, and Be Seen Be Safe Ltd. / Fences Inc. hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Be Seen Be Safe / Fences does not warrant that the functions contained in, or services performed or provided by, the Licensed Application will meet your requirements, that the operation of the Licensed Application or services will be uninterrupted or error-free, or that defects in the Licensed Application or services will be corrected. No oral or written information or advice given by Be Seen Be Safe / Fences or its authorized representative shall create a warranty. Should the Licensed Application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
6. Limitation of liability. To the extent not prohibited by law, in no event shall Be Seen Be Safe / Fences be liable for personal injury, or any incidental, special, indirect or consequential 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 of or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Be Seen Be Safe / Fences 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. In no event shall Be Seen Be Safe / Fences’ 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.
7. You may not use or otherwise export or re-export the Licensed Application except as authorized by the laws of the jurisdiction in which the Licensed Application was obtained. You also agree that you will not use these products for any purposes prohibited by the laws in the jurisdiction in which the Licensed Application was obtained.
8. The Licensed Application and related documentation are “Commercial Items”, consisting of:
8.1 “Commercial Computer Software” described as Computer software, or Software, and is defined as any set of machine-readable instructions (most often in the form of a computer program) that directs a computer’s processor to perform specific operations. It can refer to all computer instructions in general or to any specific set of computer instructions. It is inclusive of both machine instructions (the binary code that the processor understands) and source code (more human-understandable instructions that must be rendered into machine code by compilers or interpreters before being executed). 8.2 “Commercial Computer Software Documentation” as defined by US Federal Acquisition Regulation 12.212 and 8.3 Applications (APPS), defined as a software application that runs in a smartphone or mobile device including but not limited to the following operating systems, Android, iOS, Blackberry, HP webOS, Symbian OS, Bada (from Samsung) and Windows Mobile all of which support typical application binaries as found on personal computers with code which executes in the native machine format of the processor. 9. The laws of Province of Ontario, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.