Terms of Use

TERMS OF USE

Please read these Terms of Use (“Terms”) carefully before using the AWEgmented Inc. website or any AWEgmented Inc. products, software, applications, data, imagery, models, functionality and/or services provided to you on, from, or through the AWEgmented Inc. website (collectively, the “Service”). Using the Service indicates that you accept these Terms and any policies and guidelines of AWEgmented Inc. incorporated herein by reference. If you do not accept these Terms or such policies or guidelines, you may not use the Service.

General

The Service is owned and operated by AWEgmented Inc. (“AWEmented,” “we,” “our” and “us”). AWEgmented Inc. reserves the right to revise any of these Terms or any service specific terms including but not limited to, the Platform Subscription Agreement, the Standard Capture Services Terms and the Capture Services On-Demand Terms, in our sole discretion at any time and without prior notice to you by updating this posting, such changes to be effective prospectively. Thus, you should visit these pages periodically for changes. If you disagree with any changes to any of these Terms, your sole remedy is to discontinue your use of the Service. Your continued use of the Service after a change has been posted constitutes your acceptance of the change thereafter.

Prohibited Activities

• In using the Service, you must not:
• Send, post, upload or otherwise transmit to or through the Service any imagery, text or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic, or otherwise objectionable;
• knowingly upload or otherwise transmit to or through the Service any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to affect the operation of any computer software or hardware adversely
• Misrepresent your identity or affiliation in any way;
• Collect information about others;
• Advertise or solicit the sale of any product or service (unless you have a separate agreement to do so with AWEgmented Inc.) or distribute spam;
• Interfere with the operation of or damage the Service;
• reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of any of our terms;
• Violate any applicable laws or regulations; or
• Assist or permit any persons to engage in any of the activities described above.

User-Submitted Information

You must exercise caution, good sense and sound judgment in using the Service. You are solely responsible for any material you transmit to or through the Service (or to us through email). You agree, represent and warrant that any information you transmit to or through the Service (or to us through email) is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. AWEgmented Inc. has the right, but not the obligation, to monitor all conduct on, and content submitted to, the Service. Certain information collected from you on the Service is subject to AWEgmented Inc.’s Privacy Policy. Except as expressly provided in AWEgmented Inc.’s Privacy Policy, you give AWEgmented Inc. an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such material you submit, without any payment or accounting to you or others. In addition, you waive any so-called “moral rights” in such material. For any such material that you submit, you represent and warrant that: (a) you have the right to submit the material to AWEgmented Inc. and grant the licenses set forth above; (b) AWEgmented Inc. will not need to obtain licenses from any third party or pay royalties to any third party; (c) the material does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the material complies with these Terms and all applicable laws.

Unsolicited Ideas.

AWEgmented Inc. does consider unsolicited ideas, concepts or know-how, including ideas for new products or technologies (collectively “Submissions”). In doing so, you freely give AWEgmented Inc. an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such Submissions, without any payment or accounting to you or others. In addition, you waive any so-called “moral rights” in any Submissions.

Ownership and Use of the Service.

The materials made available on or through the Service are protected by copyright and other intellectual property rights, including all images, audio, text, 3D models, and any visual information available for viewing in the AWEgmented Inc. app. Except as set forth below, the use on any website or other environment of any material available on or through the Service is strictly prohibited. AWEgmented Inc. and its licensors own all right, title and interest (including all associated intellectual property rights, in each case whether registered or unregistered, and related goodwill) in and to the Service. AWEgmented Inc. and its licensors reserve all rights in and to the Service not expressly granted to you in these Terms.

Notwithstanding the foregoing, subject to these Terms, we hereby authorize (and encourage) you to do any of the following on a revocable, non-exclusive, non-transferable basis:

• Use the functionality of the AWEgmented Inc. website and view any content available on the AWEgmented Inc. website through the functionality included in the website;
• Link to any page of the AWEgmented Inc. website, including on any of your websites or blogs or through any of your social networking outlets;
• Utilize the “screenshot” and “video” functionality of the AWEgmented Inc. app, to the extent it is available, to create copies of the images as they are displayed on the screen, and post or otherwise share those images—without removing any AWEgmented Inc. logo or watermark or making any other modification to the image—via any of your websites or blogs or through any of your social networking outlets;
• Link to any content available on the AWEgmented Inc. website or affiliated websites;

Except as authorized by the previous sentence, no portion of the Service may be copied, reproduced, republished, modified, used to create derivative works from, decompiled, reverse engineered, disassembled, uploaded, posted, transmitted, exploited, or distributed in any way without the prior written permission of AWEgmented Inc. (other than as needed for your computer or device to interface with the Service). 

Without limiting the generality of the previous sentence, you agree not to distribute in any medium any part of the Service without AWEgmented Inc.’s prior written authorization, unless AWEgmented Inc. makes available the means for such distribution through functionality offered through normal use by the Service (such as in the AWEgmented Inc. app). You also agree not to access the Service through any technology or means other than through the pages of the AWEgmented Inc. website, the AWEgmented Inc. app, or other explicitly authorized means AWEgmented Inc. may designate. If you use the AWEgmented Inc. materials on your own website, you may not modify, build upon, hide, or block any portion or functionality of the AWEgmented Inc. app captured in the recording function of the app itself. Any use of the AWEgmented Inc. app or its products on your website will be subject to these Terms. 

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any portion of the Service or enforce limitations on use of the Service or the content therein. Any unauthorized use or modification of any of the materials available on the Service is a violation of the copyrights and other proprietary rights of AWEgmented Inc. and its licensors. Written permission for any such unauthorized use or modification must be obtained from AWEgmented Inc. in advance; such requests should be submitted via an email to info@AWEgmented Inc..com. AWEgmented Inc. reserves the right to discontinue any aspect of the Service at any time.

Trademarks.

All trademarks, service marks, logos and trade names on the Service, whether registered or unregistered, including but not limited to “AWEgmented Inc.,” are proprietary to AWEgmented Inc. or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names (other than as needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof.

Links to Other Websites.

For your convenience, the Service may contain links to other websites. If you use these links, you will leave the Service. Certain of these linked websites may make use of AWEgmented Inc.’s intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from AWEgmented Inc. AWEgmented Inc. is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not AWEgmented Inc. is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by AWEgmented Inc. of the organizations sponsoring such third-party websites or their products or services. Except for any AWEgmented Inc. property or content embedded in any third-party website, these Terms do not apply to any third-party website.

Jurisdictional Issues.

The Service is controlled and operated by AWEgmented Inc. from its offices within the State of Massachusetts, in the United States of America. AWEgmented Inc. makes no representation that materials available on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent such laws are applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited. Software from the Service is further subject to United States export controls. No information or software from the Service may be downloaded or otherwise re-exported or supplied (i) into or to anyone located in, domiciled in, a resident of, controlled by the government of, or organized under the laws of a country or region that is subject to a U.S. government embargo; or (ii) to anyone on or, directly or indirectly, owned, in whole or part, by any person or persons on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons or any other U.S. government list of parties with respect to which transactions are forbidden or restricted. By using information or software from the Service, you represent and warrant that you are not located in, domiciled in, a resident of, controlled by the government of, or organized under the laws of any country or region or are not on or owned, in whole or part, by any such person or persons on any such list.

Termination.

AWEgmented Inc. may terminate your use of the Service at any time in our sole discretion. Upon any such termination, you must destroy any material obtained from the Service and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, ownership, third-party copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, privacy, and jurisdictional issues shall survive any such termination.

Disclaimer.

THE MATERIALS AND FUNCTIONALITIES AVAILABLE ON THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AWEGMENTED INC. DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

AWEGMENTED INC. DOES NOT WARRANT THAT THE FUNCTIONS ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

AWEGMENTED INC. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR FUNCTIONS ON THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, RESULTS TO BE ACHIEVED, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation of Liability.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: 

(A) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AWEGMENTED INC. OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES, EVEN IF AWEGMENTED INC. OR A AWEGMENTED INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND 

(B) THE AGGREGATE LIABILITY OF AWEGMENTED INC. AND ITS AFFILIATES OR LICENSORS TO YOU SHALL NOT EXCEED THE LESSER OF THE TOTAL AMOUNTS PAID BY YOU TO AWEGMENTED INC. OVER THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S), OR $500. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THIS LIMITATION OF LIABILITY, SO IT MAY NOT APPLY TO YOU.

Indemnification

You will indemnify, defend, and hold harmless AWEgmented Inc., its affiliates, and their respective directors, officers, employees, licensors, sub-contractors, representatives and agents (“Indemnified Parties”), from and against any all third-party claim, suit, action, or proceeding (“Third-Party Claims”) , including but not limited to all damages, losses, liabilities, judgments, fines, costs and expenses (including attorneys’ fees) arising therefrom (“Losses”), based on, or arising out of: (a) your activities on or use of the Service; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to AWEgmented Inc. violates any law or infringes any third party right, including any intellectual property or privacy right. You shall not settle any Claim unless such settlement completely and forever releases AWEgmented Inc. from all liability with respect to such Claim or unless AWEgmented Inc. consents to such settlement in writing.

Site Security.

You are prohibited from violating, or attempting to violate, the security of the Service, including without limitation to conduct a denial of service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. AWEgmented Inc. will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

Children.

The Service is intended for a general audience. AWEgmented Inc. does not seek through the Service to gather personal information from or about children under the age of 13.

Privacy.

AWEgmented Inc.’s Privacy Policy applies to use of the Services, and its terms are made a part of these Terms of Use by this reference.  By using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure.

Policy Regarding Third-Party Copyrights.

AWEgmented Inc. respects the intellectual property of others, and we ask our users to do the same. AWEgmented Inc. will promptly remove materials from the Service in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide AWEgmented Inc.’s copyright agent with the following information: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on the Service; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and (f) your electronic or physical signature. You may submit this information to AWEgmented Inc.’s copyright agent by email at sales@awegmented.com. AWEgmented Inc. may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

If you believe that your material is not infringing or has otherwise been removed by mistake, please provide AWEgmented Inc. with a written counter-notification containing the following information: (i) your name, address, and telephone number; (ii) a description of the material that was removed and the location on the Service where it previously appeared; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (iv) a statement that you consent to the jurisdiction of the United States District Court for the Northern District of California), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and (v) your electronic or physical signature. You may submit this information by the methods described in the prior paragraph. Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original DMCA takedown notice upon request.

Please note that if you fail to comply promptly with the foregoing requirements or any request from AWEgmented Inc. for additional information, your DMCA notice or counter-notification may not be processed further.

Other.

These Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts without giving effect to any principles of conflicts of law. Any claims or litigation arising under these Terms will be brought by solely in state and federal courts located in Bristol County, Massachusetts,, and the parties specifically consent to Bristol, County, Massachusetts, as the exclusive venue for any such proceeding. In any such action, you and AWEgmented Inc. irrevocably waive any right to a trial by jury. The United Nations Convention of Contracts for International Sale of Goods, Uniform Commercial Code, and the Uniform Computer Information Transaction Act shall not apply. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and any policies and guidelines incorporated herein by reference constitute the entire agreement between the parties relating to the subject matter herein. Notwithstanding the foregoing, these Terms do not govern: (a) any use of AWEgmented Inc.’s hosted portal that communicates with Cameras (defined below) and processes Camera imagery, which use is governed by AWEgmented’s End User License Agreement; (b) use of the AWEgmented Inc. app made available through the Apple(™) App Store or Google(™) Play Store, which is governed by AWEgmented Inc.’s End User License Agreement for that application.); or (d) use of AWEgmented Inc.’s mobile app made available through the Apple(™) App Store, which is governed by AWEgmented’s End User License Agreement for that application. You shall not assign these Terms without the prior written consent of AWEgmented Inc., which consent AWEgmented Inc. shall not withhold unreasonably. Any attempt by you to assign other than in accordance with this provision shall be null and void. Unless otherwise specified herein, all notices, invoices and other communications required or permitted to be given or made hereunder shall be in writing and: (i) if to AWEgmented Inc., delivered via email to sales@awegmented.com. No amendment of any provision of these Terms shall be effective unless made in accordance with Section 1 of these Terms or set forth in a writing signed by a representative of AWEgmented Inc. and you, and then only to the extent specifically set forth therein. No waiver by AWEgmented Inc. of any condition or the breach of any provision of these Terms in any one or more instances shall be deemed a further or continuing waiver of the same or any other condition or provision.

Forward-looking and Cautionary Statements.

Except for historical information and discussions, statements set forth throughout this website may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in the company’s filings with the U.S. Securities and Exchange Commission.

How to Contact us.

If you have any questions regarding the Services or these Terms, you may contact us at sales@awegmented.com.

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End User License Agreement Apple/iOS

END USER LICENSE AGREEMENT APPLE/iOS

This AWEgmented Inc. End User License Agreement (“Agreement”) is between AWEgmented Inc. (AWEgmented) and you or the entity that you represent (collectively, “You”), and governs Your use of the AWEgmented application (the “App”) on an Apple device.

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. BY INSTALLING OR USING THE APP ON AN APPLE DEVICE, YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO THE FOREGOING, AWEGMENTED INC. DOES NOT AUTHORIZE YOU TO INSTALL OR USE THE APP.

Parties. 

This Agreement is between You and AWEgmented Inc. (“AWEgmented) only, and not Apple, Inc. (“Apple”). AWEgmented, not Apple, is solely responsible for the App and the content thereof. Notwithstanding the foregoing, Apple has the right to enforce this Agreement against You as a third party beneficiary.

To use the AWEgmented app you must provide access to Your device’s camera, microphone, and Your location data. By using the app you are subject to AWEgmented Inc.’s Terms of Service and Privacy Policy. Please read the AWEgmented’s Terms of Service and Privacy Policy carefully.

Limited License. 

Subject to the terms and conditions of this Agreement, AWEgmented hereby grants You a limited, non-exclusive, non-transferable, revocable license to install and use the App for lawful purposes solely in connection with Your AWEgmented account, and only on an iPhone, iPod Touch, iPad, or other Apple device as permitted by Apple’s App Store Terms of Service.

Communication.

The application is designed to communicate with a camera and microphone and to assess your location using GPS, accelerometers, the AWEgmented Cloud, or any other means available through current technologies and as allowed by the Apple App Store Terms of Service. You acknowledge that the AWEgmented app must also communicate over cellular and Wi-Fi networks. You agree that you are authorized to use the application with such networks. You acknowledge that transmitting data over a Wi-Fi network is not 100% secure or free from risk of compromise.

License Restrictions. 

Except as expressly set forth in this Agreement, You shall not, directly or indirectly, in whole or in part: (i) copy the App, except as authorized under the license granted herein; (ii) cause or permit any reverse engineering, decompilation, modification, translation or disassembly of the App; (iii) sell, rent, sublicense, distribute, disclose, publish, assign or otherwise transfer any rights in the App without AWEgmented’s prior written consent; (iv) modify, or create derivative works based upon, the App, in whole or in part; (v) permit any third party to benefit from the use or functionality of the App via a timesharing, service bureau or similar arrangement; or (vi) do anything which adversely affects AWEgmented’s right, title or interest in or to the App. You acknowledge that the source code underlying the App is AWEgmented’s confidential and proprietary information.

Term. 

The term of this Agreement and the license granted herein continues until this Agreement is terminated by either party. You may terminate this Agreement at any time by discontinuing use of the App. This Agreement terminates automatically if You fail to comply with any of the terms of this Agreement. Upon any termination of this Agreement, You must cease use of the App and destroy all copies of the App.

Ownership. 

Title and ownership of all proprietary rights, including any copyright, patent, trade secret, trademark or other intellectual property rights, in and to the App, and any copies thereof, is and will at all times remain the property of AWEgmented. AWEgmented retains all right, title and interest in and to the App that are not specifically granted to You hereunder.

Warranty Disclaimer. 

THE APP IS PROVIDED “AS IS.” AWEGMENTED MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AWEgmented MAKES NO WARRANTY THAT THE APP WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE APP WILL MEET YOUR REQUIREMENTS. 

Some jurisdictions do not allow some of the foregoing exclusions or limitations, so some of these exclusions or limitations may not apply to You.

Privacy. 

AWEgmented may use certain information collected through the App as set forth in our Privacy Policy, which is incorporated by reference to this Agreement.

Technical Support. 

AWEgmented may, but is not obligated to, provide maintenance or other technical support for the App. To the extent that any technical support is required by applicable law, AWEgmented, not Apple, shall be obligated to furnish any such support. AWEgmented may make changes to the App at any time without notice. Nothing in this Agreement obligates AWEgmented to support or provide You with updates or error corrections to the App.

Third-Party Claims. 

AWEgmented shall not be obligated to indemnify, defend or hold You harmless with respect to any third-party claims arising out or relating to the App, including without limitation any claims for intellectual property infringement. To the extent AWEgmented is required by applicable law to provide such indemnification, AWEgmented, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such claim. Nothing in this Agreement shall be deemed an admission that any such claims may arise.

Product Claims. 

AWEgmented, not Apple, is responsible for addressing any of the following claims by You relating to the App: (i) any product liability claim; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that You may have any such claims.

Limitation of Liability. 

IN NO EVENT WILL AWEGMENTED OR ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU FOR ANY PHYSICAL INJURY INCURRED WHILE USING AWEGMENTED PRODUCES OR ITS AFFILIATE PRODUCTS, NOR WILL THEY BE LIABLE FOR LOST PROFITS, LOST DATA, LOSS OF BUSINESS, GOODWILL OR REPUTATION, OR FOR ANY OTHER CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OF ANY KIND, EVEN IF AWEGMENTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF AWEGMENTED AND ITS AFFILIATES AND LICENSORS UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE AND STRICT LIABILITY, EXCEED THE LESSER OF THE TOTAL AMOUNTS PAID TO AWEGMENTED INC. BY YOU UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S), OR $500. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. 

You acknowledge and agree that the foregoing limitations of liability are essential elements of the bargain and that in the absence of such limitations, the financial and other terms of this Agreement would be substantially different. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to You.

Notice to United States Government End Users. 

If You are the U.S. Government or if You are a contractor or subcontractor (at any tier) of the U.S. Government and are licensing the App for use by the U.S. Government or in connection with any contract or other transaction with the U.S. Government, You acknowledge that by installing and using the App, the App qualifies as commercial computer software and that any associated documentation qualifies as commercial computer software documentation within the meaning of the applicable acquisition regulations. The terms and conditions of this Agreement are fully applicable to the Government’s use and disclosure of the App and associated documentation, and shall supersede any conflicting terms or conditions.

Compliance with Law. 

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; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. You may not export, re-export, import, or transfer the App in violation of any applicable export laws or regulations, and You may not assist or facilitate others in doing any of the foregoing. You acknowledge that it is Your responsibility to comply with any and all applicable export and import laws.

Governing Law; Venue. 

This Agreement shall be interpreted in accordance with the laws of the state of Massachusetts without reference to its conflict of law provisions. Any litigation, suit or other proceeding regarding the rights or obligations of the parties hereunder shall be conducted exclusively before the state and federal courts in and for Bristol County, Massachusetts, and the parties specifically consent to Bristol County, Massachusetts as the exclusive venue for any such proceeding. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Miscellaneous. 

If any provision of this Agreement is held to be unenforceable, such provision shall be reformed to the extent necessary to make it enforceable so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without AWEgmented’s prior written consent, and any such attempt is void. This Agreement is binding upon and is for the benefit of the respective successors and assigns of the parties hereto. The parties acknowledge and agree that a material breach of this Agreement adversely affecting AWEgmented’s proprietary rights would cause irreparable harm to AWEgmented for which a remedy at law would be inadequate and that AWEgmented shall be entitled to injunctive relief in addition to any remedies it may have hereunder or at law. This Agreement is the complete agreement between AWEgmented and You concerning the App, and supersedes any and all prior agreements and representations between AWEgmented and You related to the same subject matter.

Contact. If You have any questions regarding the App or this Agreement, please contact us at sales@awegmented.com.

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End User License Agreement Google/Android

END USER LICENSE AGREEMENT GOOGLE/ANDROID

This AWEgmented Inc. End User License Agreement (“Agreement”) is between AWEgmented Inc. (AWEgmented) and you or the entity that you represent (collectively, “You”), and governs Your use of the AWEgmented application (the “App”) on a Google Android device.

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. BY INSTALLING OR USING THE AWEGMENTED MOBILE APPLICATION ON A GOOGLE ANDROID DEVICE, YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO THE FOREGOING, AWEGMENTED INC. DOES NOT AUTHORIZE YOU TO INSTALL OR USE THE MOBILE APPLICATION.

Parties. 

This Agreement is between You and AWEgmented Inc. (“AWEgmented”) only, and not Google, Inc. (“Google”). AWEgmented, not Google, is solely responsible for the mobile application and the content thereof. Notwithstanding the foregoing, Google has the right to enforce this Agreement against You as a third party beneficiary.

To use the AWEgmented app you must provide access to Your device’s camera, microphone, and Your location data. By using the app you are subject to AWEgmented Inc.’s Terms of Service and Privacy Policy. Please read the AWEgmented’s Terms of Service and Privacy Policy carefully.

Limited License. 

Subject to the terms and conditions of this Agreement, AWEgmented hereby grants You a limited, non-exclusive, non-transferable, revocable license to install and use the mobile application for lawful purposes solely in connection with Your AWEgmented account, and only on a Google Android device as permitted by the Google Play Store Terms of Service. 

Communication.

The application is designed to communicate with a camera and microphone, and to assess your location using GPS, accelerometers, the AWEgmented Cloud, or any other means available through current technologies and as allowed by the Google Play Store Terms of Service. You acknowledge that the AWEgmented app must also communicate over cellular and Wi-Fi networks. You agree that you are authorized to use the application with such networks. You acknowledge that transmitting data over a Wi-Fi network is not 100% secure or free from risk of compromise.

License Restrictions. 

Except as expressly set forth in this Agreement, You shall not, directly or indirectly, in whole or in part: (i) copy the App, except as authorized under the license granted herein; (ii) cause or permit any reverse engineering, decompilation, modification, translation or disassembly of the App; (iii) sell, rent, sublicense, distribute, disclose, publish, assign or otherwise transfer any rights in the App without AWEgmented’s prior written consent; (iv) modify, or create derivative works based upon, the App, in whole or in part; (v) permit any third party to benefit from the use or functionality of the App via a timesharing, service bureau or similar arrangement; or (vi) do anything which adversely affects AWEgmented’s right, title or interest in or to the App. You acknowledge that the source code underlying the App is AWEgmented’s confidential and proprietary information.

Term. 

The term of this Agreement and the license granted herein continues until this Agreement is terminated by either party. You may terminate this Agreement at any time by discontinuing use of the App. This Agreement terminates automatically if You fail to comply with any of the terms of this Agreement. Upon any termination of this Agreement, You must cease use of the App and destroy all copies of the App.

Ownership. 

Title and ownership of all proprietary rights, including any copyright, patent, trade secret, trademark or other intellectual property rights, in and to the App, and any copies thereof, is and will at all times remain the property of AWEgmented. AWEgmented retains all right, title and interest in and to the App that are not specifically granted to You hereunder.

Warranty Disclaimer. 

THE APP IS PROVIDED “AS IS.” AWEGMENTED MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AWEGMENTED MAKES NO WARRANTY THAT THE APP WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE APP WILL MEET YOUR REQUIREMENTS. 

Some jurisdictions do not allow some of the foregoing exclusions or limitations, so some of these exclusions or limitations may not apply to You.

Privacy. 

AWEgmented may use certain information collected through the App as set forth in our Privacy Policy, which is incorporated by reference to this Agreement.

Technical Support. 

AWEgmented may, but is not obligated to, provide maintenance or other technical support for the App. To the extent that any technical support is required by applicable law, AWEgmented, not Google, shall be obligated to furnish any such support. AWEgmented may make changes to the App at any time without notice. Nothing in this Agreement obligates AWEgmented to support or provide You with updates or error corrections to the App.

Third-Party Claims. 

AWEgmented shall not be obligated to indemnify, defend or hold You harmless with respect to any third-party claims arising out or relating to the App, including without limitation any claims for intellectual property infringement. To the extent AWEgmented is required by applicable law to provide such indemnification, AWEgmented, not Google, shall be solely responsible for the investigation, defense, settlement and discharge of any such claim. Nothing in this Agreement shall be deemed an admission that any such claims may arise.

Product Claims. 

AWEgmented, not Google, is responsible for addressing any of the following claims by You relating to the App: (i) any product liability claim; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that You may have any such claims.

Limitation of Liability. 

IN NO EVENT WILL AWEGMENTED OR ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU FOR ANY PHYSICAL INJURY INCURRED WHILE USING AWEGMENTED PRODUCES OR ITS AFFILIATE PRODUCTS, NOR WILL THEY BE LIABLE FOR LOST PROFITS, LOST DATA, LOSS OF BUSINESS, GOODWILL OR REPUTATION, OR FOR ANY OTHER CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OF ANY KIND, EVEN IF AWEGMENTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF AWEGMENTED AND ITS AFFILIATES AND LICENSORS UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE AND STRICT LIABILITY, EXCEED THE LESSER OF THE TOTAL AMOUNTS PAID TO AWEGMENTED INC. BY YOU UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S), OR $500. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. 

You acknowledge and agree that the foregoing limitations of liability are essential elements of the bargain and that in the absence of such limitations, the financial and other terms of this Agreement would be substantially different. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to You.

Notice to United States Government End Users. 

If You are the U.S. Government or if You are a contractor or subcontractor (at any tier) of the U.S. Government and are licensing the App for use by the U.S. Government or in connection with any contract or other transaction with the U.S. Government, You acknowledge that by installing and using the mobile application, it qualifies as commercial computer software and that any associated documentation qualifies as commercial computer software documentation within the meaning of the applicable acquisition regulations. The terms and conditions of this Agreement are fully applicable to the Government’s use and disclosure of the App and associated documentation, and shall supersede any conflicting terms or conditions.

Compliance with Law. 

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; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. You may not export, re-export, import, or transfer the App in violation of any applicable export laws or regulations, and You may not assist or facilitate others in doing any of the foregoing. You acknowledge that it is Your responsibility to comply with any and all applicable export and import laws.

Governing Law; Venue. 

This Agreement shall be interpreted in accordance with the laws of the state of Massachusetts without reference to its conflict of law provisions. Any litigation, suit or other proceeding regarding the rights or obligations of the parties hereunder shall be conducted exclusively before the state and federal courts in and for Bristol County, Massachusetts, and the parties specifically consent to Bristol County, Massachusetts as the exclusive venue for any such proceeding. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Miscellaneous. 

If any provision of this Agreement is held to be unenforceable, such provision shall be reformed to the extent necessary to make it enforceable so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without AWEgmented’s prior written consent, and any such attempt is void. This Agreement is binding upon and is for the benefit of the respective successors and assigns of the parties hereto. The parties acknowledge and agree that a material breach of this Agreement adversely affecting AWEgmented’s proprietary rights would cause irreparable harm to AWEgmented for which a remedy at law would be inadequate and that AWEgmented shall be entitled to injunctive relief in addition to any remedies it may have hereunder or at law. This Agreement is the complete agreement between AWEgmented and You concerning the App, and supersedes any and all prior agreements and representations between AWEgmented and You related to the same subject matter.

Contact. If You have any questions regarding the App or this Agreement, please contact us at sales@awegmented.com.