INET® NOW LICENSE AND SERVICES

TERMS AND CONDITIONS OF USE

 

Version 1.0, January 31, 2017

 

Thank you for your interest in Industrial Scientific Corporation (the "Licensor" or “ISC”) products and/or for downloading the "iNet® Now Sync" mobile device app and/or accessing or using the iNet Now activation website and /or iNet Now web application  (including all improvements, updates, upgrades, and other modifications) (collectively, the iNet Now Sync mobile device app and iNet Now web application are referred to herein as the "Application") as the sole and exclusive means through which ISC provides access to iNet Now content and services (collectively, such content and services, together with the Application, are referred to herein as the "iNet Now Services").  Download, installation and use of the Application, and access to iNet Now Services, however accessed, are all offered to you, the individual user, by Licensor subject strictly to the terms and conditions set forth below.

 

PLEASE READ THIS DOCUMENT CAREFULLY!  THESE LICENSE AND SERVICES TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR DOWNLOAD AND USE OF THE INET NOW SERVICES INCLUDING IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.  PLEASE PRINT OUT A COPY OF THESE TERMS OF USE TO KEEP FOR YOUR OWN RECORDS.  THE MOST CURRENT VERSIONS OF THESE TERMS IS AVAILABLE IN THE APPLICATION.

 

BY CLICKING ON THE “ACCEPT” BUTTON AT THE END OF THE FOLLOWING TEXT, OR OTHERWISE USING OR ACCESSING THE INET NOW SERVICES, INCLUDING WITHOUT LIMITATION DOWNLOADING, INSTALLING AND/OR USING THE INET NOW SERVICES, YOU AND/OR YOU AND THE ORGANIZATION ON WHOSE BEHALF YOU ARE PERFORMING SERVICES, YOUR EMPLOYER, OR YOUR BUSINESS ENTITY (THE "User" OR "you") (A) REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF USE AND TO LEGALLY BIND YOURSELF AND YOUR ORGANIZATION, AND OTHER AGENTS, AFFILIATES AND/OR EMPLOYEES OF YOUR ORGANIZATION, AS APPLICABLE, TO THESE TERMS OF USE; AND (B) ACCEPT AND AGREE TO THESE TERMS OF USE ACCORDINGLY. IF YOU DO NOT ACCEPT, CLICKING THE CANCEL BUTTON WILL SIGNIFY REJECTION OF THESE TERMS OF USE.

 

Licensor reserves the right to change or modify these Terms of Use from time to time. Licensor will post any changes to the Terms of Use.  The date of the latest changes will be indicated at the top of the document.  You are advised to check the Terms of Use periodically for updates.  Continued use of the iNet Now Services following the posting of changes will mean that you agree to be bound by such changes.

 

ARBITRATION NOTICE:  UNLESS YOU OPT-OUT AND/OR EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ISC WILL BE RESOLVED BY MANDATORY, BINDING ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

1. GENERAL TERMS

   

1.1 Payment; Term.  A minimum initial term of one (1) year (“Term”) shall apply to the iNet Now Services subscription, except in the case of existing iNet Exchange customers, whereby the term will be the term of a customer’s existing iNet Agreement. The rights granted hereunder are strictly contingent upon payment of applicable subscription fees when due.  If you are a current iNet Exchange customer in good standing, your iNet Now Services-related fees are addressed in your iNet Exchange customer agreement.  For other customers, you must make arrangements to pay iNet Now Services subscription fees at then-current rates when due.  You have the option of paying by credit card or purchase order.  If you are interested in paying by credit card, Licensor will follow up with you via telephone. No credit card information will be captured and/or stored on the iNet Now Services activation website.  In terms of frequency, you may elect a recurring monthly charge over the Term or a one-time upfront fee for the Term, and we will invoice you accordingly. A recurring invoice may be set up monthly in arrears or quarterly, bi-annually, or annually in advance if a purchase order is issued.  Licensor will invoice in accordance with the specific details listed on the purchase order.  Please note that no third party billing systems will be used by Licensor to submit iNet Now Services invoices.    All monthly subscription fees are paid monthly in arrears and are final and non-refundable once invoiced. 

 

1.2  Licenses. Subject to the terms and conditions of this Agreement, Licensor hereby grants to you a personal, fully revocable, non-transferable, non-assignable, and non-exclusive license to (a) download, install and use the  Application on a mobile device or on a personal computer that you own or control for the sole purpose of accessing the iNet Now Services, any upgrades, updates or corrections thereto provided by Licensor to you, if any, and related user documentation  offered by Licensor to you; and (b) access and use the iNet Now Services exclusively through the Application.  No access to iNet Now Services through any means other than the Application is granted hereunder.  Licensor reserves the right to refuse access to the iNet Now Services to anyone for any reason at any time.

 

1.3  iNet Now Content.  You may not, under any circumstances, copy, access or otherwise use iNet Now Services, whether to create a derivative work of all or any part of the iNet Now Services or otherwise.  Additionally, by way of example, and not limitation, unless expressly authorized under these Terms of Use, you may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, create derivative works based upon any portion of the iNet Now Services, copy, screen capture, page scrape, counterfeit or paste content available through iNet Now Services ("iNet Now Content") to any other website or web page.    iNet Now Content available through iNet Now Services includes content owned or licensed by iNet Now.  iNet Now Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and iNet Now, iNet Now owns and retains all rights in iNet Now Services, including without limitation the Application and iNet Now Content.  Without Licensor's prior written consent, you may not, and may not permit others to: (a) modify or create any derivative works of the Application, iNet Now Content or its components; (b) decompile, disassemble, reverse engineer, reduce the iNet Now Services to perceptible form, or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the iNet Now Services that include software (except to the extent applicable laws specifically prohibit such restriction); (c) sell, distribute or otherwise make available the iNet Now Services or components thereof, or this license, in any way; (d) repackage or bundle the iNet Now Services with other software: (e) interface with iNet Now Services for purposes of extracting, viewing, or otherwise processing iNet Now Content in a manner other than those officially authorized and provided by ISC; or (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in theiNet Now Services or iNet Now Content. You acknowledge and agree that modification of the iNet Now Content or use of the iNet Now Content for any other purpose is a violation of Licensor's, our licensors' and suppliers' and possibly other third parties' copyright and proprietary rights. You agree to use the iNet Now Services only for purposes which are lawful in applicable national and local jurisdictions and all subdivisions thereof. If you violate any provision of these Terms of Use, your permission to use and access the iNet Now Services automatically terminates and you must immediately cease use of the iNet Now Services. Any other use or exploitation of the iNet Now Services, including without limitation the Application and the iNet Now Content, is strictly prohibited. You agree not to interrupt, or attempt to interrupt, the operation of the iNet Now Services in any way.

 

1.4  iNet Now Brand Materials.  The iNet® and iNet® Now name and logo are trademarks and/or service marks of Licensor and may not be copied, imitated or used, in whole or in part, without the prior written permission of Licensor, except to the extent Licensor publishes brand use guidelines on Licensor’s web site from time to time. 

 

1.5 Disclaimer; Nature of Services. THE INET NOW SERVICES, INCLUDING, WITHOUT LIMITATION, THE APPLICATION AND INET NOW CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER LICENSOR NOR ITS EMPLOYEES, MANAGERS, OFFICERS, AGENTS, LICENSORS, OR SUPPLIERS (COLLECTIVELY, THE "LICENSOR PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE APPLICATION; (B) THE INET NOW SERVICES; (C) THE INET NOW CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO, OR FROM, THE INET NOW SERVICES. IN ADDITION, THE ISC PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.  NOTHING HEREIN SHALL BE CONSTRUED AS A WARRANTY OF COMPATIBILITY WITH ANY PARTICULAR MOBILE/COMPUTING DEVICE, OPERATING SYSTEM, OR OTHER SOFTWARE RESIDENT ON YOUR DEVICE. 

 

THE LICENSOR PARTIES DO NOT REPRESENT OR WARRANT THAT THE INET NOW SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE INET NOW SERVICES OR THE SERVER(S) THAT MAKES THE INET NOW SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. THE LICENSOR PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE INET NOW SERVICES IS TRUE, VALID, ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE INET NOW SERVICES IS AT YOUR SOLE RISK AND YOU EXPRESSLY ASSUME AND HEREBY EXPRESSLY RELEASE THE LICENSOR PARTIES FROM ALL LIABILITY, IN TORT, CONTRACT OR OTHERWISE, INCURRED IN CONNECTION WITH THE USE OF THE INET NOW SERVICES. THE LICENSOR PARTIES DO NOT WARRANT THAT YOUR USE OF THE INET NOW SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE LICENSOR PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.

 

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

 

IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE INET NOW SERVICES OR WITH THE DELAY OR INABILITY TO USE THE INET NOW SERVICES, OR RELATING TO OR ARISING FROM LICENSOR’S PROVISION OF REPORTS, DATA OR INFORMATION, OR FAILURE TO PROVIDE OR DELAY IN PROVIDING SUCH REPORTS, DATA OR INFORMATION TO YOU, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE USE OF THE INET NOW SERVICES DOES NOT INFRINGE ON ANY PATENT OR COPYRIGHT OF ANY THIRD PARTY.

 

WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF LICENSOR, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING CONTAINED IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE OR PURPORT TO LIMIT OR EXCLUDE ANY LIABILITY WHERE SUCH LIMITATION OR EXCLUSION IS VOID OR UNENFORCEABLE OR OTHERWISE NOT PERMITTED UNDER APPLICABLE LAW.

 


 

1.7 Username/Password. You may be asked to create a username and password (combined, the “User Identity”).  You shall hold and secure any such User Identity as strictly confidential. Third parties with knowledge of your User Identity can gain access to your account information and take other actions for which you will be held accountable and liable. Licensor is entitled to, and will, assume that any person using the iNet Now Services under your User Identity is you and will hold you liable and responsible for all actions and/or statements made under your User Identity.  Licensor shall not be responsible whatsoever in the event that your User Identity is used by an unauthorized entity or misappropriated by a third party. We reserve the right to refuse or reject any username for any reason and/or force forfeiture of any username at any time for any reason.

If you provide any information that is untrue, inaccurate, not current or incomplete, Licensor has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

1.8 No Right To Continued Service. Licensor reserves the right to amend iNet Now Services and/or the interface, functionality and/or operation of iNet Now Services at any time and without prior notice.  At any time without notice, Licensor may add, delete or disable content, and/or add, delete, disable or modify some or all of the iNet Now Services, at its sole election, and you acknowledge: (1) that you may no longer be able to use the iNet Now Services to the same extent - or at all - as prior to such change or discontinuation, and (2) that Licensor shall have no liability to you in such case. In no event will Licensor be liable for the removal of or disabling of access to any content, materials or functionality. Licensor may also impose limits on the use of or access to certain features or portions of the content, other aspects or components of the iNet Now Services, in any case and without notice or liability.

 

1.9Google Maps.  iNet Now Services utilize the Google Maps service provided by Google, Inc. ("Google").  By using iNet Now Services, you agree and acknowledge that use of Google Maps functionality integrated into the Application is subject to the Google Maps/Earth Terms of Service (https://developers.google.com/maps/terms).

 

2. OWNERSHIP AND INTELLECTUAL PROPERTY

 

2.1 Ownership. Licensor is the owner and proprietor of the iNet Now Services.  The iNet Now Services, including without limitation the Application and iNet Now Content, as accessed through the iNet Now Services are offered to you by Licensor for limited use pursuant to these Terms of Use.  You agree and acknowledge that you shall not acquire any ownership rights by accessing or downloading iNet Now Content through the iNet Now Services or otherwise.

 

2.2 Copyright.  Unauthorized use of any material accessed through or contained on the iNet Now Services, may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other regulations and statutes.  iNet Now Content is owned by Licensor and/or its licensors, and content providers and is protected by applicable domestic and international copyright laws.  The compilation of all iNet Now Content through the iNet Now Services and its presentation through the Application is the exclusive property of Licensor and protected by U.S. and international copyright laws.  Text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, presented on or through the iNet Now Services is Copyrighted by Industrial Scientific Corporation, all rights reserved. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

 

2.3 Trademark. “iNet”, “iNet Now”, the iNet Now logo, and all graphics, logos, page headers, titles, button icons, scripts, service names and other trademarks and service marks on the iNet Now Services are trademarks, trade dress and service marks belonging to Licensor or its licensors (the "Licensor Marks"). Licensor Marks may not be used in connection with any product or service that is not related to Licensor or the iNet Now Services, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Licensor or the iNet Now Services. Licensor Marks may not be copied, imitated or used, in whole or in part, without prior written permission from Licensor.  All other trademarks not owned by Licensor that appear via the iNet Now Services are the property of their respective owners, who may or may not be affiliated with, connected to, sponsor, or sponsored by Licensor.   Any product, service, or trade name other than those owned by Licensor that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual.  Any unauthorized use of the Licensor Marks or any third party trademark is strictly prohibited. 

 

3.  TERMINATION AND INDEMNITY

 

3.1 Termination. In addition to any other rights of the parties set forth herein, either you or Licensor may cancel or terminate this Agreement at any time for any, or no reason after the initial Term.  You may terminate this Agreement at any time by ceasing use of the iNet Now Services, and all components of the iNet Now Services, provided, however, that notwithstanding any such termination, the 12 month minimum subscription fee shall continue to be paid by you.  If Licensor terminates this Agreement for your material breach, Licensor reserves the right to suspend or terminate your access to the iNet Now Services in the future.  If we terminate your access to the iNet Now Services or you elect to deactivate your account, your User Content, including without limitation images and all other such user data will no longer be accessible through your account, but those materials and data may persist and appear elsewhere within the iNet Now Services.  Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.  Notwithstanding the expiration or termination of this Agreement by either party, the parties acknowledge and agree that the provisions of Sections 1.3, 1.4. 1.5, 1.6, 1.7, 1.8, 2, 3 and 5 shall expressly survive such termination or expiration and remain in full force and effect.

 

3.2 Indemnity. You  hereby agree to indemnify, defend and hold harmless Licensor and its affiliates from and against any and all liability and costs incurred by Licensor or the affiliates in connection with any claim arising out of (i) any breach or alleged breach of any of your obligations set forth herein; (ii) your access to or use of the iNet Now Services; or (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities. You shall cooperate as fully as reasonably required in the defense of any claim. Licensor reserves the right, at its own expense, but is not obligated, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Licensor.

 

4.  ACCEPTABLE USE POLICY

 

  • You may not use the iNet Now Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service (defined below), including but not limited to, copyright laws.
  • You must not change, modify, adapt or alter the iNet Now Services or change, modify or alter another website so as to falsely imply that it is associated with the iNet Now Service or Industrial Scientific Corporation.
  • You must not access Application’s API by means other than those permitted by iNet Now Services. You must not use domain names or web URLs in your username without prior written consent from us.
  • You must not interfere or disrupt the iNet Now Services or servers or networks connected to the iNet Now Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Application is rendered or displayed in a user's browser or device.
  • You must not attempt to restrict another user from using or enjoying the iNet Now Services and you must not encourage or facilitate violations of these Terms of Use or any other iNet Now Services terms.
  • Violation of these Terms of Use may, in our sole discretion, result in termination of your iNet account.
  • If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for iNet Now Services, we reserve the right to stop providing all or part of the iNet Now Services to you.

 

5.  MISCELLANEOUS

 

5.1 Full Integration. These Terms of Use, including the iNet Now Services’ Privacy Statement incorporated by reference herein, constitute the entire agreement between you and Licensor related to your access to and use of the iNet Now Services hereunder.  No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Use, including the iNet Now Services Privacy Statement, as each may be amended by Licensor from time to time, supersede all prior written, oral, or electronic agreements between you and Licensor relating to your access to, and use of, iNet Now Services hereunder. Notwithstanding the foregoing, if you are under an existing iNet Exchange Agreement in full force and effect, to the extent these Terms of Use conflict or create ambiguity with regard to the iNet Exchange Agreement, the iNet Exchange Agreement will govern.

 

5.2 Written Agreement. These Terms of Use constitute a written agreement between you and Licensor. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.

 

5.3 Electronic Form of Agreement. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

5.4  Modifications To the Agreement. Licensor has the right to modify this Agreement and any policies affecting the iNet Now Services, including without limitation the iNet Now Services Privacy Statement. Any modification is effective immediately upon posting by Licensor. Your continued use of the iNet Now Services hereunder following notice of any modification to these Terms of Use shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Licensor in providing the iNet Now Services, including without limitation any change to the iNet Now Content, is to cease using the iNet Now Services.

 

5.5  Governing Law.  You agree with Licensor that these Terms of Use shall be considered a contract governed by the laws of the Commonwealth of Pennsylvania and that by clicking to accept these Terms of Use you are entering into a legally binding agreement with Licensor using electronic signatures pursuant to the laws of the Commonwealth of Pennsylvania. Any disputes regarding these Terms of Use shall be heard by the state and federal courts located in the Commonwealth of Pennsylvania, and each party consents to the exclusive jurisdiction of such courts.  iNet Now Content is provided by Licensor from its facilities in the United States of America.  Licensor makes no representation that iNet Now Services or iNet Now Content are appropriate or available for use in other locations, and access to them from territories where any of the iNet Now Services or iNet Now Content are illegal is prohibited. Those who choose to use and/or access iNet Now Services or iNet Now Content from other locations do so of their own volition and are responsible for compliance with applicable local laws.

 

5.6 No Waiver.  Failure to insist on strict performance of any of the Terms of Use will not operate as a waiver of any subsequent default or failure of performance.

 

5.7 Severability.  If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

 

5.8 Relationship Between the Parties. Nothing contained in these Terms of Use shall be construed to constitute you and Licensor as partners or joint venturers or to constitute employment or any type of agency.

 

5.9  Events Beyond Licensor's Control.  Licensor will use reasonable efforts to keep the iNet Now Services available for your use; however, Licensor cannot and will not be responsible for any loss or unavailability of access to iNet Now Services that results from any cause including a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, wireless data or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

 

5.10 Descriptive Headings. The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.

 

5.11  Mandatory Arbitration

UNLESS YOU OPT-OUT, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND LICENSOR (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH LICENSOR, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE INET NOW SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND LICENSOR HEREBY EXPRESSLY WAIVE TRIAL BY JURY. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Licensor will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Licensor is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator shall be issued to both parties in a writing setting forth in reasonable detail the reasoning for the decision and award and such award may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

 

You may opt out of this agreement to arbitrate. If you do so, neither you nor Licensor can require the other to participate in an arbitration proceeding. To opt out, you must notify Licensor in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

 

Industrial Scientific Corporation

1 Life Way

Pittsburgh, PA 15205

Attention: Legal Department

 

You must include your name and residence address, an email address, and a clear and specific statement that you want to unconditionally opt out of this arbitration agreement.

 

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Licensor.

 

Notwithstanding anything to the contrary set forth above, this Arbitration section shall not apply to disputes relating to: (1) your or Licensor's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the Acceptable Use Policy; or (3) any dispute in which Licensor is seeking injunctive or equitable relief to prevent further breaches of these Terms of Use by a User.

 

THIRD PARTY LEGAL TERMS INCORPORATED BY REFERENCE:

  

Apple. In addition to terms and conditions set forth elsewhere in this Agreement, Apple, Inc. ("Apple") also requires that this Agreement between you and Licensor include the following:

 

(a)       Acknowledgement. You and Licensor each hereby acknowledge that this Agreement is concluded between You and Licensor only, and not with Apple.  Licensor, not Apple, is solely responsible for the iNet Now Sync mobile app licensed hereunder and the content thereof.

 

(b)       Supplemental License Terms for Licensed Works acquired through Apple App Store:  For Licensed Works acquired through the Apple App Store, your internal use licensed hereunder is limited to use of the Licensed Work on any Apple-branded product that you own or control and as may be further permitted by the Apple Usage Rules set forth in the Apple App Store Terms of Service, except that such Licensed Work may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

 

(c)       Maintenance and Support. Licensor is solely responsible for providing maintenance and support services with respect to the iNet Now Sync mobile app as required under applicable law, if any. You and Licensor each hereby acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iNet Now Sync mobile app.

(d)      Warranty. Licensor shall be solely responsible for any product warranties not effectively disclaimed hereunder. Notwithstanding anything to the contrary herein, and without limiting the disclaimers and limitations set forth in this Agreement, in the event of any failure of the iNet Now Sync mobile app to conform to any such applicable warranty, you may notify Apple, and Apple will refund the purchase price for  iNet Now Sync mobile app to you.  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iNet Now Syncmobile app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Licensor's sole responsibility.

(e)      Product Claims: To the extent you, or any third party, has any claims relating to the iNet Now Sync mobile app or your possession and/or use of the iNet Now Sync mobile app including, but not limited to: (i) product liability claims; (ii) any claim that the iNet Now Sync mobile app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, you and Licensor each acknowledge that Licensor, not Apple, is responsible for addressing any such claims, subject to the terms and conditions set forth in this Agreement and subject to applicable law.

(f)       Intellectual Property Rights.  In the event of any third party claim that the iNet Now Sync mobile app or your possession and use of that Licensed iINet Now Sync mobile app infringes that third party’s intellectual property rights, as between Licensor and Apple, it is Licensor, not Apple, who will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim arising under this Agreement or applicable law.

(g)      Legal Compliance. You hereby 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 or region of a country that has been embargoed; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(h)      Developer Name and Address. All end-user questions, complaints or claims with respect to the iNet Now Sync mobile app should be directed to Licensor at the addressed to Industrial Scientific Corporation Support, 1 Life Way, Pittsburgh, Pennsylvania 15205, USA, or via e-mail at ISClegal@indsci.com.

(i)       Third Party Terms of Agreement.  You must comply with applicable third party terms of agreement when using the iNet Now Sync mobile app.

(j)       Third Party Beneficiary. You and Licensor each acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary to this Agreement.


   

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