SkyMate Application for Device Download
End User License Agreement
(SkyMate mCrew EULA V1.0.0)
The application software (the “Application”) you are downloading to your device is owned by SkyMate, Inc. (“SkyMate”). SkyMate licenses information, text, images, graphics, photographs and other applications and data from other third party data providers (“Data”). Both the Application and Data are protected under copyright laws and international copyright treaties. The Application and Data are licensed, not sold and all title to, and copyright and other intellectual property rights in, the Application are and will remain owned by SkyMate and its licensors. The Application and Data are provided under this End User License Agreement and are subject to the following terms and conditions which are agreed to by the owner of the wireless device to which the Application is downloaded (“you” or “your”), on the one hand, and SkyMate, on the other hand.
This Application is used to interface the SkyMate mSeries of Base Systems and SkyMate web services.
IMPORTANT: CAREFULLY READ THIS ENTIRE END USER LICENSE AGREEMENT BEFORE USING THIS APPLICATION. INSTALLING, COPYING, OR OTHERWISE USING THIS APPLICATION INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS END USER LICENSE AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION.
SkyMate may supplement or otherwise modify this End User License Agreement from time to time by posting such supplements or modifications on its www.skymate.com website. You are bound by any such supplement or modification and should therefore visit the www.skymate.com website periodically. You can determine when the End User License Agreement was last revised by referring to the "Last Updated" legend at the bottom of this End User License Agreement. SkyMate will provide notice to you if these changes are material and, where required by applicable law, SkyMate will obtain your consent. This notice may be provided by email, by posting notice of the changes on SkyMate’s affected websites or by other means prior to the change becoming effective, consistent with applicable laws.
License Terms and Conditions
SkyMate provides you with the Application and the embedded or accompanying Data, including any “online” or electronic documentation and printed materials, and grants you a personal, revocable, limited, non-exclusive, non-transferable, license to install and use the Application and Data in accordance with the terms of this Agreement. You agree to use the Application and Data for solely personal use, or if applicable, for use in your business’ internal operations, and not for service bureau, time-sharing, resale or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy the Application and Data only as necessary for your use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Application or Data in any way. You may not use the Application for any illegal, deceptive, misleading or unethical purpose or otherwise in any manner which may be detrimental to the reputation of SkyMate, its licensors or any other person or entity. You agree not to otherwise reproduce, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Application and Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
Support. If you need operational or technical support and assistance regarding the installation, un-installation, use or operation of the Application, or if you have questions, complaints or claims regarding the Application, contact SkyMate at: support@skymate.com. As used in this End User License Agreement, “Application” includes any updates, upgrades or revisions to the Application that may be delivered to you or that you may receive.
Restrictions. You are prohibited from renting or leasing the Application or Data to any other person or third party.
No Warranty. The Application (including the Data) is provided to you “as is,” and you agree to use it at your own risk. SkyMate make 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 Data or server will be uninterrupted or error-free. The Application is intended to be used primarily with an mSeries system.
Disclaimer of Warranty. SKYMATE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY SKYMATE 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.
Disclaimer of Liability. SKYMATE 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 APPLICATION; 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 INTHE DATA OR INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY AND WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE APPLICATION OR FROM DEFECTS OR ERRORS IN THE APPLICATION, EVEN IF SKYMATE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKYMATE’S TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS END USER LICENSE AGREEMENT OR OTHERWISE WITH RESPECT TO THE APPLICATION OR THE DATA SHALL NOT EXCEED $1.00.
Collection of Information. SkyMate may collect information relating to how often you use the Application or the frequency with which certain applications and features of the Application are used. This information would be collected anonymously, in a way that does not personally identify you and may include cookies or similar technologies. SkyMate may share this information with third parties, only for the purposes of aggregating it for our review. SkyMate may use this information to detect broad user trends and to otherwise enhance our products or applications. SkyMate may also collect and upload information such as your location and technical information about your wireless device that is gather to facilitate the provision of product support and other services to you (if any).
Export Control. You agree not to export from anywhere any part of the Data or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or 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.
Indemnity. You agree to indemnify, defend and hold SkyMate and its licensors, including the respective licensors, service providers, channel partners, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of SkyMate and its licensors, 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 or Data.
Term. This Agreement is effective until such time as (i) if applicable, your subscription term is either terminated (by you or by SkyMate) or expires, or (ii) SkyMate terminates this Agreement for any reason, including, but not limited to, if SkyMate finds that you have violated any of the terms of this Agreement. You agree, upon termination, to destroy all copies of the Data. The Disclaimers of Warranty and Liability set out above shall continue in force even after any termination.
Entire Agreement. These terms and conditions constitute the entire agreement between SkyMate and its licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of SkyMate, and its licensors, 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 Ontario, Canada, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of Virginia for any and all disputes, claims and actions arising from or in connection with the Application or Data.
Last updated: August 12, 2020