CHEVIOT HILLS END-USER LICENSE AGREEMENT
SwitchBox and IceBox by Cheviot Hills LLC, and data (the “Application”) are licensed, not sold. The Application is provided under the following license and is subject to the following terms and conditions, which are agreed to by End User (“you” or “your”), on the one hand, and Cheviot Hills LLC. and its affiliates (collectively, "Cheviot") on the other hand.
READ THIS LICENSE BEFORE USING THIS APPLICATION. USING THIS APP INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS. IF YOU DO NOT AGREE, THEN YOU MUST NOT USE THE APPLICATION.
LICENSE TERMS AND CONDITIONS
Cheviot grants you a limited, non-exclusive license to use the Application in accordance with the terms of this Agreement. You agree not to reproduce, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Application, and you may not transfer or distribute it in any form, for any purpose. Cheviot reserves the right to anonymously collect and report non-personally identifiable information related to your use of the Application, such as the frequency with which you use the Application.
Restrictions. You are prohibited from selling, renting or leasing the Application to any other person or third party. You acknowledge that the Application should be used only for general purposes and you should not rely on the Application for any life or death situation. The Application should not be relied upon as a sole source of animal training or monitoring.
No Warranty. This Application is provided to you “as is,” and you agree to use it at your own risk. Cheviot makes no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from the Application, or that the Application will be uninterrupted or error-free.
Advertisements. If the Application is partially or fully supported by advertisements you will receive advertisements on your mobile device when you use the Application. Cheviot might also share on an anonymous basis the location of your mobile device with the third party supplier of advertisements so that the supplier can provide you with advertisements that are relevant to the location of your device.
Disclaimer of Warranty. CHEVIOT AND ITS AFFILIATES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY CHEVIOT SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THIS AGREEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
Disclaimer of Liability. CHEVIOT AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE APPLICATION, ANY DEFECT IN THE APPLICATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF CHEVIOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHEVIOT’S AND ITS AFFILIATES’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE APPLICATION SHALL NOT EXCEED $1.00. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
Export Control. You agree not to export from anywhere any part of the Application provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
Indemnity. You agree to indemnify, defend and hold Cheviot and its affiliates free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with any use or possession by you of the Application.
Entire Agreement. These terms and conditions constitute the entire agreement between Cheviot and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law. THE ABOVE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF NEW YORK, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS. YOU AGREE TO SUBMIT TO THE JURISDICTION OF NEW YORK FOR ANY AND ALL DISPUTES, CLAIMS AND ACTIONS ARISING FROM OR IN CONNECTION WITH THE APPLICATION PROVIDED TO YOU HEREUNDER.