END-USER LICENSE AGREEMENT FOR FRESNO TRANSIT IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM
SCHOLARDEV LLC End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and SCHOLARDEV LLC for the SCHOLARDEV LLC’s software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and SCHOLARDEV LLC, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows: (a) Installation and Use. SCHOLARDEV LLC grants you the right to install and use copies of the SOFTWARE PRODUCT on your mobile device running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Android, iOS, and etc].( b) Backup Copies. You may not make copies of the SOFTWARE PRODUCT. However, you may re-download as necessary.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. (a) Maintenance of Copyright Notices.You must not remove or alter any copyright notices or trademarks notices on any and all copies of the SOFTWARE PRODUCT or the material contained in the SOFTWARE PRODUCT. (b) Distribution.You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from SCHOLARDEV LLC's websites and approved vendors may be freely distributed. (c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (d) Rental.You may not rent, lease, or lend the SOFTWARE PRODUCT. (e) Support Services. SCHOLARDEV LLC may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. (f) Compliance with Applicable Laws.You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION. Without prejudice to any other rights, SCHOLARDEV LLC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
4. CONSENT TO USE OF DATA. You agree that ScholarDev and its affiliates or suppliers may collect and use technical information you provide in relation to services related to the Software Product. ScholarDev LLC and its suppliers agree not to use this information in a form that personally identifies you except to the extent necessary to provide such services. You can opt out of the data collection by either emailing or writing a letter an explicit request to be exempt from such collection.
5. INTELLECTUAL PROPERTY RIGHTS. All title, including but not limited to copyrights and trademarks, in and to the SOFTWARE PRODUCT and/or the material contained in the SOFTWARE PRODUCT, and any copies thereof are owned by SCHOLARDEV LLC or its suppliers or the City of Fresno. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by SCHOLARDEV LLC and/or the City of Fresno, respectively.
6. NO WARRANTIES. SCHOLARDEV LLC expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. SCHOLARDEV LLC does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. SCHOLARDEV LLC makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. SCHOLARDEV LLC further expressly disclaims any warranty or representation to Authorized Users or to any third party.
7. LIMITATION OF LIABILITY. In no event shall SCHOLARDEV LLC be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if SCHOLARDEV LLC has been advised of the possibility of such damages. In no event will SCHOLARDEV LLC be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. SCHOLARDEV LLC shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
8. LOCATION-BASED SERVICES. ScholarDev LLC utilizes global positioning systems (“GPS”) to determine appropriate content based on your physical location. ScholarDev LLC will not be held liable for the SOFTWARE PRODUCT not operating fully or partly due to the use or misuse of your mobile phone or device including any costs incurred should you fail to turn off Bluetooth, GPS position or data roaming. ScholarDev LLC is not responsible for any data inaccuracy or inconsistency, which may occur from GPS spikes, or obstacles such as buildings,canyons, cloud cover and deep valleys that can interfere with GPS signals. By installing or using the SOFTWARE PRODUCT, you agree to give permission for the SOFTWARE PRODUCT to access the GPS capabilities or data from your smartphone.
9. CITY OF FRESNO “FRESNO AREA EXPRESS” OR “FAX”. ScholarDev LLC is not
affiliated with, or owned by, the City of Fresno. FAX logos, maps, imagery,
trademarks and other materials are used with the permission of the City of
Fresno and remain the property of the City of the City of Fresno.