FME Mobile Apps - Terms of Use

Your use of the mobile applications (the "Apps") licensed by Safe Software Inc. ("Safe Software") is subject to: (i) these Terms of Use; (ii) our Privacy Policy; and (iii) any other terms which accompany a specific App (collectively, the "Terms"). Apps may include software, documentation or data provided by Safe Software, its licensors or its affiliates. Apps may be provided by Safe Software via www.safe.com or through an online marketplace, such as the Google Play Store or the Apple App Store. By clicking "Accept" or otherwise using the Apps, you signify your agreement with the Terms. If you do not agree with any of the Terms, do not use the Apps. If you are using the Apps on behalf of a business, then you agree that you are authorized to accept these Terms on behalf of such business.

Using the Apps

You may access and use the Apps only in compliance with the Terms. You may access the Apps using the interfaces provided and in compliance with applicable laws, including export control laws and regulations. Safe Software reserves the right to immediately terminate your use of the Apps if Safe Software reasonably believes that you failed to comply with the Terms.

By using the Apps, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) any registration information you submit will be true, accurate, current, and complete; (3) you are not a minor in the jurisdiction in which you reside, or if you are over the age of 13 you will not provide Safe Software with any personal information and you have parental consent to use the Apps; (4) you will not use the Apps for any illegal or unauthorized purpose; and (5) your use of the Apps will not violate any applicable law or regulation.

You agree not to knowingly: (a) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Apps or take any action which could damage, disable, overburden or impair the Apps infrastructure or any other application, network or service connected to the Apps ; (b) post or transmit via the Apps any content in violation of another party's intellectual property or privacy rights or any content that is unlawful, fraudulent, harassing, libelous, or obscene; (c) post or transmit via the Apps any content that contains a virus, bug, or other harmful item; (d) copy, distribute, prepare derivative works, reverse engineer, or use the Apps other than as permitted herein; (e) attempt to gain unauthorized access to any software, applications, content, accounts, computer systems or networks connected to any Apps through hacking, password mining or any other means; (f) take any action which may interfere with any other party's use and enjoyment of the Apps; (g) obtain or attempt to obtain any materials, services or information through any means not intentionally made available through the Apps; or (h) circumvent, disable or otherwise interfere with any security-related features of the Apps.

Your Content

The Apps may allow you to transmit, use, modify and publish your location, messages, data, files, FME Server connection credentials, and other content (collectively, "Your Content"). You retain ownership of any intellectual property rights that you hold in Your Content.

Any location data that is collected by the Apps is not transmitted to or collected by Safe Software. Safe Software does not access, store, or process Your Content or other personal information in any manner. You are responsible for ensuring that any personal data you collect, process, transmit, store or otherwise use as part of the Apps is done in a secure and legally compliant manner.

Software License

The Apps are the intellectual property and copyrighted work of Safe Software and/or its third-party licensors. Safe Software gives you a personal, revocable, non-transferable and non-exclusive license to install and use the Apps in accordance with these Terms on devices owned or controlled by you. Except as expressly permitted by law, you may not copy, modify, distribute, sell or lease the Apps, nor may you reverse engineer or attempt to extract the source code of the Apps. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF ANY SOFTWARE INCLUDED IN THE APPS TO ANY OTHER SERVER OR LOCATION FOR FURTHER USE, REPRODUCTION, OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Some of the software included in the Apps may be offered under an open source license. Such open source license terms work in conjunction with these Terms. However, if there is a conflict between these Terms and the open source license terms, the open source license terms will prevail.

Apple and Android Devices

The following terms apply when you use an App obtained from either the Apple App Store or Google Play (each an “App Distributor”): (1) the license granted to you for the App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services to you with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) 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; (5) you must comply with applicable third-party terms of agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions contained in these Terms, and that each App Distributor will have the right to enforce the relevant terms and conditions in these Terms against you.

Trademarks & Copyright

"FME" is the registered trademark of Safe Software and all Safe Software and FME logos are the trademarks and/or service marks of Safe Software. All other brand names, product names, or trademarks belong to their respective holders.

All intellectual property rights in the Apps are owned by Safe Software, or its licensors, and do not in any way transfer to you by virtue of your use of the Apps. These Terms do not grant you any rights to use the trademarks, logos or other brand features of Safe Software or its licensors. You agree not to obscure, remove, alter or tamper with any trademarks, logos, brand features or other legal notices displayed in conjunction with the Apps.

Third Party Applications & Content

You may configure the Apps to connect to or use third-party applications or content. Such connections and usage are not under Safe Software's control, and Safe Software is not responsible for the security or reliability of such connections or usage.

If you use the Apps in conjunction with applications or content provided by third parties, then you agree to comply with any terms and conditions provided by such third parties. You may not use the Apps in conjunction with any third party content licensed in any manner that could cause, or be interpreted or asserted to cause, the Apps to become subject to any copyleft provisions. Your use of any third-party applications or content is at your sole risk.

Modification & Termination

Safe Software reserves the right to modify the Apps at any time and in its sole discretion. Functionality and offerings may be added, removed or eliminated. Usage limits may be added or revised at any time with notice to you.

Either party may terminate your use of the Apps immediately and without notice. You remain liable for any obligations (such as indemnity obligations) which by their nature are intended to survive termination.

The Terms may be modified at any time in Safe Software's sole discretion. All modified Terms will be posted at www.safe.com/legal. It is your responsibility to review the Terms regularly for updates.

Warranty, Disclaimer & Limitations on Liability

SAFE SOFTWARE WARRANTS THAT THE APPS AND ALL RELATED MATERIALS ARE PROVIDED "AS IS'' AND "AS AVAILABLE" AND WITH ALL DEFECTS AND ERRORS. TO THE EXTENT PERMITTED BY LAW, SAFE SOFTWARE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. SAFE SOFTWARE MAKES NO WARRANTIES THAT THE APPS WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAFE SOFTWARE ASSUMES NO LIABILITY FOR ANY DATA USED OR TRANSMITTED BY THE APPS, OR FOR LOSSES ARISING DUE TO THE ACTS OR OMISSIONS OF THIRD PARTIES IN CONNECTION WITH THE APPS.

NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFIT, REVENUE, DATA OR BUSINESS OPPORTUNITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE APPS, WHETHER OR NOT SUCH LOSS OR DAMAGE IS REASONABLY FORESEEABLE. SAFE SOFTWARE'S TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE APPS IS LIMITED TO THE FEES PAID BY YOU FOR THE APPS DURING THE PREVIOUS 12 MONTHS OR $1000, WHICHEVER IS LESS. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Indemnity

You agree to indemnify and hold Safe harmless from any demands, loss, liability, claims or expenses (including attorney’s fees), made against Safe by any third party due to or arising from your use of the Website.

Governing Law

The Terms shall be governed by, construed, interpreted, and enforced in accordance with the laws of the Province of British Columbia and the laws of Canada. Each of the parties hereby irrevocably submits to the jurisdiction of the courts of British Columbia.

Severability & Waivers

If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of the Terms shall continue in full force and effect. No failure or delay by Safe Software in enforcing any provision of these Terms shall be a waiver of Safe Software's rights to enforce these Terms.

Last Updated: December 19, 2022
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