Botlink End-User License Agreement
This Botlink Application EULA (“Agreement”) is a binding agreement between you or, if applicable, your entity, organization or company (“End User” or “you”) and Botlink, LLC (“Botlink”). This Agreement governs your use of the Botlink Applications on the web (app.botlink.com), on the Android platform, and on future platforms that Botlink, LLC deploys applications, (including all related documentation, the “Application”). The Application is licensed, not sold, to you. If you are using the Application on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement, and you agree to be bound by this Agreement on behalf of that organization.
By clicking the “AGREE” button, by registering and creating an account with Botlink and/or by downloading, installing and using the Application, you (a) acknowledge that you have read and understand this Agreement; (b) represent that you are of legal age to enter into a binding agreement; (c) represent that you have not previously been terminated from using the Application; (d) represent that you have not previously been convicted of a crime or violated any FAA or other aviation regulation; (e) agree that your registration and your use of the Application is in compliance with all applicable laws and regulations; and (f) 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 SMARTPHONE, TABLET COMPUTER, OR OTHER MOBILE DEVICE.
1. License Grant
Subject to the terms of this Agreement, Botlink grants you a limited, non-exclusive and non-transferable license to download, install and use the Application for your personal or internal business use on a single smartphone, tablet computer, or other mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation.
2. License Restrictions
You shall not:
a. unless expressly permitted herein or in the product or software documentation, use the Application in, or in association with
i. 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; or safety-critical applications, including medical or life-support systems, vehicle operation applications; or
ii. use the Application in any police, fire or other safety response systems, or in any military or aerospace applications, weapons systems or environments without Botlink’s prior and express consent. You acknowledge that such usage types may require additional training and may be subject to additional terms and conditions.
b. copy the Application, except as expressly permitted by this license;
c. modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
d. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
e. 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;
f. 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
g. remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
3. Reservation of Rights
You acknowledge and agree that the Application is provided under license, and 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. Botlink 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 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.
5. User Responsibilities
a. You are solely responsible for ensuring that you comply with all applicable legal requirements for the operation of any aircraft, including any requirement that you detect and avoid other aircrafts. You must at all times comply with all applicable local, state, national, and international laws and regulations related to the operation of unmanned aerial vehicles (UAV, aka drones) and your use of the Application in your territory of operation, including any applicable laws with regard to privacy. You will obtain and maintain all necessary licenses, consent, and authorizations of any kind.
b. You understand that by using the Application, you are given access to drone imagery for your information and personal use solely as intended through the provided functionality of the Application and as permitted under this Agreement. You are solely responsible for your own content and the consequences of posting your content here or elsewhere, including your use of the Application that results in a violation of any individual’s or organization’s privacy rights.
c. The airspace awareness information provided by the Application (aircraft locations, restricted airspace, etc.) is a supplement to, not a replacement for, the visual observance of the environment by the user and flight crew (visual observer).
d. End Users should always have a means of overriding the UAV autopilot with a backup system (e.g. joystick controller/transmitter).
6. Geographic Restrictions
The Application is based in the state of North Dakota in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the functions of the Application outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you use the Application from outside the United States, you are responsible for compliance with local laws.
Botlink may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and 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 Botlink has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile 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 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. User Generated Content
You retain copyright and all other rights to any content (images, videos, text, data, etc.) that you generate through use of the Application. By using the Application, you grant Botlink a non-exclusive, worldwide, irrevocable, perpetual, transferable, sub-licensable, fully paid, royalty-free license to use your user generated content. This enables processing and integration of user generated content by third party tools.
Botlink reserves the right to delete any user generated content that Botlink considers to violate this agreement, local laws, or is deemed inappropriate based solely on Botlink’s judgment. You agree to waive any legal rights or remedies against Botlink pertaining to user generated content.
9. Third Party Materials
The Application may display, include or make available third-party content (including data, information, maps, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Botlink is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Botlink 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 at entirely at your own risk and subject to such third parties’ terms and conditions.
10. Term and Termination
a. The term of Agreement commences when you download and install the Application or acknowledge your acceptance and will continue in effect until terminated by you or Botlink as set forth in this Section 10.
b. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
c. Botlink may terminate this Agreement at any time without notice if it ceases to support the Application, which Botlink may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically 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 also terminate; and
ii. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
e. Termination will not limit any of Botlink’s rights or remedies at law or in equity.
11. Disclaimer of Warranties
THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BOTLINK, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS 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, BOTLINK 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.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOTLINK OR ITS PARENT ENTITIES, AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION:
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; AND
b. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION AND BOTLINK HARDWARE.
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 BOTLINK 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.
You agree to indemnify, defend and hold harmless Botlink 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, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that Botlink assumes no responsibility for the content you submit or make available through this Application.
14. Export Regulation
The Application may be subject to US export control laws, including the US 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 US.
15. US 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 US 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 US Government licensees and their contractors.
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.
17. Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of North Dakota 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 or the courts of the State of North Dakota in each case located in Fargo and Cass County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. 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, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
19. Entire Agreement
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. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.