Service Agreement and End User License Agreement
Contents
1. of the United States 6 8 Export Restrictions The Software may be subject to export controls or restrictions by the United States or other countries or territories You agree to comply with all applicable U S and international export laws and regulations including restrictions on destinations end users and end use You agree not to export or re export the Software or the INREACH Product to any country in violation of the export control laws of the United States of America The Software may not be exported or re exported into any U S embargoed countries or to anyone on the U S Treasury Department s list of Specially Designated Nationals or the U S Department of Commerce Denied Person s List or Entity List By using the Software you represent and warrant that you are not located in any such country or on any such list You also agree that you will not use these products for any purposes prohibited by United States law including without limitation the development design manufacture or production of nuclear missiles or chemical or biological weapons 6 9 Indemnity To the maximum extent permitted by law you agree to indemnify defend and hold harmless InReach LLC and its affiliates licensors and suppliers their respective directors officers employees and agents from and against any and all claims actions suits or proceedings as well as any and all losses liabilities damages costs and expenses including reasonable attorneys fee2. and are registered and or used in the U S and countries around the world The INREACH Product and other devices and or associated software and data including geographic data are protected by copyright international treaties and various patents The documentation including all documentation incorporated by reference herein such as documentation provided or made available at explore delorme com is provided AS IS and AS AVAILABLE and without condition endorsement representation or warranty of any kind by InReach LLC InReach LLC assumes no responsibility for any typographical technical or other inaccuracies errors or omissions in this documentation INREACH SATELLITE SERVICES SERVICE SUBSCRIPTION REQUIRED A separate service subscription the Service is required in order to utilize your INREACH Product Please visit explore delorme com for more information regarding the available Service options and to subscribe Your use of the Service is governed by InReach LLC s INREACH Subscriber Terms and Conditions of Service or Roadpost Inc dba InReach Canada s Terms and Conditions of Service Terms of Service and InReach LLC s Privacy Policies Privacy Policies available at explore delorme com which may be updated from time to time without notice Sometimes these Affiliates will be providing the Service to you on behalf of InReach LLC itself You acknowledge and agree that Affiliates will be entitled to provide
3. responsibility to ensure that you have followed the synchronization process outlined on explore delorme com to export any updates and or changes to your INREACH Registration Data contact information designated contacts social connectivity settings supported INREACH Service options and pre programmed messages from your INREACH account to your DeLorme PN 60w or INREACH Smartphone Application 2 6 Support and Customer Service More information about your INREACH Product and the associated Service is available at explore delorme com or by contacting INREACH Customer Service Canada Online inreachcanada com Customer service email inreachcare roadpost com Tech support email inreachtech roadpost com Phone 1 800 337 3155 M F 9 00 a m 6 00 p m Eastern Time US and International Online support delorme com Tech support email tech delorme com or phone 1 207 846 8900 Sales and customer service email sales delorme com or 800 511 2459 US only or 1 207 847 1165 Representatives are available M F 8 30 a m 5 00 p m Eastern Time Please contact DeLorme Technical Support for questions regarding the operation of your DeLorme PN 60w or INREACH Smartphone Application For the current and full terms and conditions governing the use of your INREACH Product please visit explore delorme com These terms and conditions may be updated by InReach LLC at any time and without notice If there is any conflict between the terms contained in these Le
4. ERMS AND CONDITIONS CONTAINED IN THESE DOCUMENTS INCLUDING THOSE LEGAL AGREEMENTS AND TERMS AND CONDITIONS WHICH HAVE BEEN INCORPORATED BY REFERENCE THIS INCLUDES BUT IS NOT LIMITED TO THE INREACH PRODUCT LIMITED WARRANTY THE TERMS OF SERVICE AND THE END USER LICENSE AGREEMENT EULA AND ANY AND ALL LIMITATIONS OF LIABILITY AND OR DISCLAIMERS OF WARRANTY CONTAINED THEREIN YOU UNDERSTAND AND AGREE THAT YOU MUST BE AT LEAST EIGHTEEN 18 YEARS OF AGE TO SUBSCRIBE TO THE SERVICE YOU UNDERSTAND AND AGREE THAT THESE LEGAL NOTICES ARE ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU IF YOU DO NOT AGREE DO NOT USE THE INREACH PRODUCT AND PROMPTLY RETURN IT TO THE PLACE WHERE YOU OBTAINED IT 2 USE OF YOUR INREACH PRODUCT 2 1 Familiarization with your INREACH Product You understand and agree that it is your responsibility to familiarize yourself with the operation of your INREACH Product INREACH Smartphone Applications and DeLorme GPS device PN 60w or subsequent model including reading your User Manual available at manuals delorme com You agree that you will use the INREACH Product only in accordance with those instructions It is also highly recommended that you review the Help available at explore delorme com and practice properly using your INREACH Product by sending test messages and fixing your GPS coordinates as described 2 2 Coverage You may use your INREACH Product INREACH Smartphone Applications and DeLorme GPS device anywh
5. GES THIS LIMITED WARRANTY CONTAINED HEREIN IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE SHALL LAST FOR 1 YEAR This warranty gives you specific legal rights and you may also have other rights which vary by jurisdiction Some jurisdictions do not allow the exclusion or limitation of relief such as incidental or consequential damages or limitations on how long an implied warranty lasts so the above limitations or exclusions may not apply to you This warranty applies to the original purchaser of the product ONLY REMINDER Be sure to retain the sales receipt proving the date of your original purchase This will be needed if warranty service is ever required INREACH reserves the right to refuse warranty if a receipt is not provided or if the receipt is incomplete illegible 3 2 Repairs or replacements under warranty will be made at no charge for labor and materials however the customer will be responsible for shipping charges The repaired or replaced product will be warranted for the balance of the original warranty The warranty does not cover failures due to abuse misuse accidents or 4 5 6 unauthorized disassembly or modification or any damage sustained during shipment of the product Any repairs not performed by InReach LLC will void this warranty 3 3 EXCEPT AS PROVIDED ABOVE THE PRODUCT IS SOLD AS IS WI
6. HIS EULA AND AS MAY BE AMENDED APPLIES TO THE USE OF ANY SOFTWARE WHETHER PRE INSTALLED ON THE DELORME PN 60W A SMARTPHONE AND OR THE INREACH PRODUCT AND OR DOWNLOADED TO YOUR COMPUTER THAT MAY BE REQUIRED FOR THE USE OF THE INREACH PRODUCT AND SERVICE SOFTWARE BY USING YOUR INREACH PRODUCT FOR DELORME AND OR THE SERVICE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EULA OR ANY APPLICABLE AMENDMENTS USE OF THE INREACH PRODUCT USE OF THE SERVICE AND OR PRESSING THE I AGREE BUTTON FOR A DOWNLOAD OF ANY UPDATES UPGRADES OR SUPPLEMENTS IS CONSIDERED USE OF THE SOFTWARE IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA DO NOT USE THE SOFTWARE AND PROMPTLY RETURN THE UNUSED SOFTWARE AS WELL AS THE HARDWARE TO THE PLACE WHERE YOU OBTAINED THEM 6 1 Ownership and Grant of License The DeLorme GPS Device INREACH Smartphone Application and INREACH Product utilize proprietary software proprietary firmware and proprietary communication protocols in order to access the INREACH messaging functions and Service collectively any such software firmware and or communication protocols required for use of the INREACH Product are referred to as the Software This proprietary Software may be owned by DeLorme by InReach LLC or by a third party This EULA grants a license License that permits you to use the software as required for your INREACH Product and Service whether through the DeLorme PN 60w or directly through the INREACH Produc
7. L OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR INREACH PRODUCT DELORME GPS DEVICE SMARTPHONE OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES LIFE SUPPORT SYSTEMS AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS AIR TRAFFIC CONTROL SYSTEMS OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE 6 11 Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW INREACH AND ITS SERVICE PROVIDERS AND AFFILIATES AND THEIR AFFILIATES RESPECTIVE EMPLOYEES DIRECTORS OFFICERS AGENTS AND SUPPLIERS HEREBY EXPRESSLY EXCLUDE LIABILITY FOR ANY DAMAGES OR CLAIMS INCLUDING INJURY OR DEATH AND ANY INDIRECT SPECIAL CONSEQUENTIAL INCIDENTAL RELIANCE EXEMPLARY OR PUNITIVE LOSS DAMAGE COSTS OR EXPENSES INCLUDING LOSS OF INCOME MEDICAL AND OTHER EXPENSES LOSS OF GUIDANCE CARE AND COMPANIONSHIP WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE SOFTWARE AND OR SERVICE INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICE OR ITS USE BY YOU OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SOFTWARE AND OR SERVICE INREACH AND ITS AFFILIATES AND OR SERVICE PROVIDERS INCLUDING DELORME GEOS IRIDIUM COM
8. MUNICATIONS ROADPOST LCC AND THEIR AFFILIATES AND THEIR RESPECTIVE EMPLOYEES DIRECTORS OFFICERS AGENTS AND SUPPLIERS EXCLUDE ALL LIABILITY WHETHER RESULTING FROM CONTRACT TORT INCLUDING LIABILITY FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY OR OTHERWISE IN RESPECT OF ANY LOSS DAMAGE COSTS EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES FOR ANY FAULTS FAILURES OR INADEQUACIES OF THE SATELLITE SYSTEM THE SOFTWARE THE SERVICE AND OR THE SOS EMERGENCY MONITORING AND RESPONSE THIS LIMITATION INCLUDES ANY FAILURE OR DELAY IN THE PROVISION OF SERVICES AS SPECIFIED IN THE INREACH TERMS OF SERVICE 6 12 Changes to the EULA InReach LLC reserves the right to change the terms and conditions of this EULA at any time You can find the most current EULA at explore delorme com You understand and agree that if you use the services after the date on which the terms or additional terms have changed InReach LLC will treat your use as acceptance of the updated terms or additional terms 6 13 Governing Law This EULA will be governed and construed in all respects by the laws of the State of Maine without regard to its conflict of laws and provisions You and InReach LLC agree to submit to the exclusive jurisdiction of the courts located within the county of Cumberland State of Maine to resolve any legal matter arising from this EULA 6 14 General This EULA constitutes the entire agreement between the Parties with respect t
9. Service Agreement and End User License Agreement Service provided by InReach LLC or Roadpost Inc dba InReach Canada may become limited or temporarily unavailable without notice from time to time due to any number of reasons associated with managing a Satellite System Further this satellite based service requires a clear line of sight between the INREACH Product and the satellite therefore the service is inherently subject to transmission and reception limitations Further information regarding service coverage and potential interruptions can be found in the Terms of Service as defined below available at explore delorme com To the fullest extent permitted by law your use of this product constitutes acceptance of the fact that InReach LLC and its Service Providers and affiliates and their affiliates respective employees directors officers agents and suppliers hereby expressly limit liability for any claims damages losses costs and expenses incurred by you however caused and even if such damages were reasonably foreseeable to a total maximum aggregate value not to exceed the amount of service fees paid by you Further information concerning the limitations of liability for use of this product and service can be found in the Terms of Service available at explore delorme com 1 NOTICE TO USER ACCEPTANCE OF TERMS PLEASE READ THESE LEGAL NOTICES CAREFULLY BY USING YOUR INREACH PRODUCT FOR INREACH AND OR THE SERVICE YOU ACCEPT ALL T
10. THOUT ANY EXPRESS OR IMPLIED WARRANTIES FOR THE PRODUCT WHATSOEVER INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES REGARDING THE CONDITION DESIGN SPECIFICATIONS WORKMANSHIP MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCT OR ANY WARRANTIES THAT THE PRODUCT IS FREE FROM LATENT DEFECTS OR DEFICIENCIES OR THAT THE PRODUCT IS FREE FROM INFRINGEMENT OF ANY PATENT TRADEMARK COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY AND SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED 3 4 THIS LIMITED WARRANTY PROVIDES THE SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTS IN THE PRODUCT IN NO EVENT SHALL INREACH LLC BE LIABLE FOR ANY INDIRECT CONSEQUENTIAL SPECIAL INCIDENTAL OR PUNITIVE DAMAGES WHETHER IN CONTRACT TORT NEGLIGENCE STRICT LIABILITY OR OTHERWISE OUR LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF A CLAIM The terms and conditions of the INREACH Product Limited Warranty may be updated by InReach LLC at any time and without notice If there is any conflict between the terms contained in these Legal Notices and the terms contained at explore delorme com then the terms contained at explore delorme com shall supersede and replace the terms contained in these Legal Notices COPYRIGHTS INTELLECTUAL PROPERTY PATENTS AND DOCUMENTATION InReach LLC All rights reserved The INREACH and related trademarks names and logos are the property of InReach LLC or DeLorme Publishing Company Inc
11. ere there is coverage subject to the applicable restrictions due to local laws licensing certification requirements and regulations For a complete list of the certifications applicable to your INREACH Product and or the DeLorme GPS Device please see the device User Manual at manuals delorme com 2 3 Important Tips Your INREACH Product needs a clear view of the sky to obtain a GPS signal and provide the most accurate location information It is not reliable indoors or in a cave Orienting your INREACH Product so that the protruding antenna is oriented to the sky will improve performance and you should keep your INREACH Product at least 12 inches away from other GPS devices and mobile phones Please read your Quick Start Guide or User Manual and follow the instructions to pair your DeLorme GPS device or INREACH Smartphone Application with your INREACH Product 2 4 Message Schedule Redundancy is built into your INREACH Product to ensure more of your messages are transmitted It is normal for some INREACH messages to be blocked by everyday conditions the view of the sky is often blocked due to hills buildings or other obstructions This is why InReach automatically retries messages until it receives a satellite acknowledgement Placement of your INREACH unit can make a difference Experiment with placement until you are familiar with the reliability of your operating environment 3 2 5 Synchronization of Data You acknowledge that it is your sole
12. gal Notices and the terms contained at explore delorme com then the terms contained at explore delorme com shall supersede and replace the terms contained in these Legal Notices HARDWARE LIMITED WARRANTY 3 1 INREACH warrants that your INREACH Product will be free from defects in materials and workmanship for one year from the date of purchase If your INREACH Product fails in normal use INREACH will during the first 90 ninety days after purchase at its sole option either repair or replace the unit INREACH reserves the right to either repair or replace the unit with a new or refurbished unit at its sole discretion Such repairs or replacements will be made at no charge for labor or materials however the customer will be responsible for any shipping charges incurred to send the device to INREACH After the first ninety 90 days INREACH will repair your unit but will not replace it The repaired or replaced product will be warranted for ninety 90 days from the date of return shipment or for the balance of the original warranty whichever is longer This warranty does not cover failures due to abuse misuse accidents or unauthorized disassembly or modification Any repairs not performed by INREACH will void this warranty INREACH DISCLAIMS ANY LIABILITY FOR ANY SPECIAL INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES OR PROFITS EVEN IF INREACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMA
13. ify adapt translate decompile reverse engineer disassemble attempt to derive the source code of modify or create derivative works of the Software for any purpose You agree that you will not attempt to circumvent or defeat the security or content usage rules contained in the Software and or use the Software in violation of any law or third party rights 6 3 Software Changes and Updates You agree that InReach LLC or third party providers may make changes to the Software and associated Services in order to comply with applicable laws to maintain or improve the Software and or the Services or for other business reasons without notice to you and without liability for any changes in your ability to use the Software INREACH Product and or Service including compatibility issues as a result of such changes These updates may take the form of bug fixes enhanced functions new software modules and completely new versions This License does not grant any rights to obtaining future upgrades updates or supplements of the Software If upgrades updates or supplements of the Software are obtained however the use of such upgrades or updates is governed by this EULA and the amendments that may accompany them and may be subject to additional payments and conditions InReach LLC highly recommends that you ensure that both your DeLorme PN 60w or INREACH Smartphone Application has the most recent software version available and that your INREACH Product has the mo
14. l data as may be in the possession of InReach to third party service providers and or competent legal authority in connection with your use of the SOS services associated with your service plan in order to assist in the effectuation of a rescue In order to provide the Service InReach may be required to transmit or distribute your content over various public networks and in various media InReach LLC may also be required to make changes to your Content if so required by the technical requirements of connecting networks devices services or media InReach reserves the right to disclose personal and location data as well as remotely activate SOS features when notified by competent legal authority that a distress situation exists for the user 6 5 Third Party Licenses and Content If as part of your use of the Software and or Service you download a piece of software or purchase goods which are provided by a third party then your use of these other services software or goods may be subject to separate terms between you and the third party provider This third party content may be protected by intellectual property rights which are owned by the third party Any reference or links to any third party content does not constitute its endorsement sponsorship or recommendation by InReach LLC or its licensors Third party product and service information are the sole responsibility of each individual third party vendor It is possible that you may find some third pa
15. o the subject matter hereof Any headings are provided for convenience only You may not assign this EULA or any of your rights or obligations hereunder but InReach LLC may assign this EULA and any of its rights and obligations hereunder and this EULA shall inure to the benefit of and is binding on InReach LLC s respective successors and permitted assigns The failure of InReach LLC to exercise or enforce any right under this EULA shall not constitute a waiver of such right All rights and remedies granted to InReach LLC are cumulative and not alternate If any provision of this EULA is found invalid or unenforceable such invalidity or unenforceability shall not affect the remaining terms and conditions of this EULA and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one
16. rty content offensive indecent or objectionable and that in this respect you use the Services at your own risk Any opinions advice statements services offers or other information or content expressed or made available by third parties are those of the respective authors and not of INREACH INREACH neither endorses nor is responsible for the accuracy or reliability of any opinion advice information or statement by anyone other than authorized INREACH employees acting in their official capacities You understand and acknowledge that INREACH is not responsible for and does not monitor third party content for accuracy or reliability 6 6 Term and Termination The license commences upon your use of the INREACH Product and Service or upon your downloading of any associated Software updates and is effective until terminated by You or InReach LLC If you want to terminate you may do so by ceasing to utilize the INREACH Product and terminating the associated Service as allowed under the Terms of Service You agree that we may terminate this EULA and the provision of associated Services to you at any time without notice or liability to you if you are in breach of this EULA or act in any manner which clearly shows you do not intend to or are unable to comply with the EULA InReach LLC may also terminate this EULA if required to do so by governmental regulatory body and or law In such event you must cease using the INREACH Product and Service All provi
17. s arising out of or in connection with your use of the Software 6 10 Disclaimer of Warranty YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SOFTWARE IS PROVIDED AS IS AND AS AVAILABLE AND ALL OTHER WARRANTIES REPRESENTATIONS AND CONDITIONS EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT THE SOFTWARE AND OR SERVICES WILL MEET YOUR REQUIREMENTS THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR FREE OF SATISFACTORY QUALITY OF QUIET ENJOYMENT THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED OF NON INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW INREACH GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY SUITABILITY OR ACCURACY OF THE SOFTWARE THE SERVICE OR IN RELATION TO AVAILABILITY SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE INREACH PRODUCT TO TRANSMIT DATA TRANSMISSIONS INCLUDING SOS EMERGENCY SIGNALS InReach LLC MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS HACKING BY A THIRD PARTY WORM TIME BOMB LOGIC BOMB OR OTHER SUCH COMPUTER PROGRAM NO ORA
18. sions relating to confidentiality indemnity proprietary rights and non disclosure shall survive the termination of this Agreement All other rights and obligations of the parties shall cease upon termination including but not limited to all licenses granted hereunder If terminated by InReach LLC InReach LLC may place a notice on your account or may send an email message to your last email address known to InReach LLC InReach LLC will have no liability if you do not receive InReach LLC s notification 6 7 Commercial Items US Government Restricted Rights This Software and documentation have been developed entirely with private funds The use of the Software and related documentation by any entity of the Unites States Government is restricted by the terms of this EULA The Software and related documentation are Commercial Items as that term is defined at 48 C F R 2 101 consisting of Commercial Computer Software and Commercial Computer Software Documentation as specified under 48 C F R 12 212 or 48 C F R 227 7202 as applicable Consistent with 48 C F R 12 212 or 48 C F R 227 7202 1 through 227 7202 4 as applicable the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U S Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein Unpublished rights reserved under the copyright laws
19. st recent firmware version available and that these versions are compatible to each other InReach LLC reserves the right to mandate you to install the most recent Software version in order to obtain continued Service Any such mandatory Software updates will be at no additional cost to you 6 4 Content License from You You agree that you are solely responsible for and that InReach LLC has no responsibility to you or to any third party for any Content that you create transmit or display while using the Software and or the Service and for the consequences of your actions by doing so You acknowledge that the InReach messages may include your location information You retain copyright and any other rights you already hold in Content which you submit post or display on or through the Software and or Service You acknowledge and agree that by submitting posting or displaying the content you give InReach LLC a perpetual irrevocable worldwide royalty free and non exclusive license to reproduce adapt modify translate publish publicly perform publicly display and distribute any Content which you submit post or display on or through the Software and or Service Furthermore you agree that this license includes a right for InReach LLC to make such Content available to other companies organizations or individuals as required for the provision of Service including any social connectivity sites designated by you InReach may also disclose such persona
20. t or through an application installed on your smartphone This License is non exclusive non sublicensable and non transferable This License is also subject to the limitations and conditions of this EULA and the INREACH Terms of Service which govern the provision of the Service All rights not specifically granted in this EULA are reserved by InReach LLC DeLorme or the respective third party owner of such Software You acknowledge and agree that InReach LLC and or third parties own s all intellectual property rights title and interest in or if applicable licenses to the Software including but not limited to all trademarks copyrights data and content All title and intellectual property rights in the Software may be protected by applicable copyright or other intellectual property laws and treaties Your use of the Software is solely controlled by this EULA which cannot be changed except by a written agreement executed between you and InReach LLC The Software is licensed not sold If you are using the device in conjunction with a smart phone application then your use is subject to any terms and conditions imposed upon by the terms of your agreement with your smart phone manufacturer or service provider 6 2 Other Restrictions on Use You agree that you will not remove or obscure any proprietary rights notices copyright notices or trademarks associated with the Software You agree that you will not copy sell license distribute transfer mod
21. the Services to you InReach LLC is constantly working to offer additional services to its subscribers thus you acknowledge and agree that the form and nature of the Services may change from time to time without notice to you Your cellphone service provider and or internet provider may charge you or your recipients additional fees in relation to any SMS MMS messages social connectivity messages and or other emails and or data collectively data plan fees sent by you Please familiarize yourself with any such applicable plans services and associated fees before using your INREACH Product You are responsible for any such applicable charges and fees For the current and complete Terms of Service please visit explore delorme com The Terms of Service may be updated by InReach LLC or Roadpost Inc dba InReach Canada at any time and without notice If there is any conflict between the Terms of Service contained in these Legal Notices and the Terms of Service contained at explore delorme com then the Terms of Service contained at explore delorme com shall supersede and replace the Terms of Service contained in these Legal Notices End User License Agreement PLEASE READ THIS END USER LICENSE AGREEMENT EULA CAREFULLY THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU AND INREACH LLC YOU UNDERSTAND AND AGREE THAT YOU MUST BE AT LEAST EIGHTEEN 18 YEARS OF AGE AND THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU T
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