Sportsman Regs Big Game
End-user License Agreement
   

 

Contents

  1. Acknowledgement
  2. Incorporation of Apple, Inc.'s Licensed Application End User License Agreement
  3. Allowable Uses of the Software
  4. Limitation of Liability
  5. Reliance and Disclaimer
  6. Your Information
  7. Acceptable Use
  8. Idemnification
  9. Intellectual Property Rights
  10. Product Claims
  11. Contact Information
  12. Proprietary Nature of Software and Marks
  13. "Opt-In" For Push Messaging
  14. Governing Law
  15. Third Party Disclaimers

This End-User License Agreement (the "EULA" or "Agreement") governs the end users (You or Your) use of any and all software, programs, or applications (“Software”) which you obtain from Sportsmans Regs, LLC (the “Company”).    Your use of the Software constitutes your acceptance of the terms of this Agreement.  The Company reserves the right to unilaterally change or modify this Agreement and You agree that any such changes will be binding on You.  . The most recent version of this Agreement shall always be available on the Internet at http://www.sportsmanregs.com/About/legal and the most recent version shall supersede any and all other versions of this Agreement. Company further reserves the right to change or modify any other Company policies related to use of the Software at any time and at its sole discretion It is Your responsibility to regularly check whether this Agreement has been changed by regularly reviewing the content of this Agreement at http://www.sportsmanregs.com/About/legal.  Your continued use of the Software following the posting of any changes or modifications to this Agreement will constitute acceptance of such changes or modifications.

1. Acknowledgement

Company and You ,acknowledge that the Agreement is entered into by and between the Company and You and not with Apple, Inc. Notwithstanding the foregoing, You acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. The Company is solely responsible for the Software and any content contained therein. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online athttp://www.apple.com/legal/itunes/us/terms.html#APPS).

2. Incorporation of Apple, Inc.'s Licensed Application End User License Agreement.

This Agreement incorporates by reference the Licensed Application End User License Agreement (the "LAEULA") published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the "Software" is considered the "Licensed Application" as defined in the LAEULA and "Company" is considered the "Application Provider" as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control.

3. Allowable Uses of the Software.

Use of the Software in any manner not allowed under this Agreement or the LAEULA, including, without limitation, resale, transfer, modification or distribution of the Software or copying or distribution of text, pictures, music, barcodes, video, data, hyperlinks, displays and other content provided by the Software is prohibited. This Agreement does not entitle You to receive and does not obligate Company to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.

4. Limitation of Liability.

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW:  (A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO THE USE OR INABILITY TO USE THE SOFTWARE; AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, FAILURE TO COMPLY WITH HUNTING REGULATIONS, LOSS OR CORRUPTION OF DATA OR FAILURE OR MALFUNCTION OF YOUR APPLE COMPUTING DEVICE. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS TO CEASE USE OF THE SOFTWARE.

In no event shall Company's total liability to you for all damages exceed the amount of money You paid to Company for the Software. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

5. Reliance and Disclaimer.

You agree and acknowledge that the Software is to be used to provide guidance regarding general hunting regulations. You agree to look up the specific rules from the appropriate government agency relating to any specific hunting activity prior to starting that activity. You acknowledge the following:

Sportsman Regs is committed to providing accurate hunting information. However, the data used this application was compiled from a variety of sources and the accuracy of the data cannot be guaranteed. Data should only be used for general display, mapping, and planning purposes.  Sportsman Regs cannot accept any responsibility or liability for errors and/or omissions in the use of this data. Sportsman Regs LLC provides no warranties to accompany this data. Refer to your state's Big Game Hunting Seasons and Regulations documentation for more explicit and detailed information on Game Management Unit boundary legal descriptions and hunting regulations.

 

6. Your Information.

The Software may require transmission of information provided by You including usernames/passwords, your name, address, and e-mail addresses (collectively "Your Information"). You consent to the transmission of Your Information to Company and its agents, including any payment processor, to process Your Information as may be necessary for the Software to perform its functions. You acknowledge that Your Information will be stored by the Software in your computer, notebook, smart phone, laptop, phone, or other computing device (“Computing Device”) in an encrypted format . Company makes no warranty that a third party cannot decrypt Your Information should a third party come into possession of Computing Device. Company suggests and requests that You use all security features of Your Computing Device to protect Your Computing Device and the confidentiality of Your Information. Should You lose Your Computing Device, or reasonably conclude that another person may access or has accessed Your Information on Your Computing Device, You should immediately contact any credit card association or bank which issued any credit card whose information might be stored on Your Computing Device. For further information on how the Company protects Your Information, read the Privacy Statement, which is incorporated into this Agreement by reference. The newest version of the Privacy Statement is available on the Company's website at http://www.sportsmanregs.com/about/privacy.

7. Acceptable Use.

Use of the Software and any of Your Information transmitted in connection with the Software is limited to the functionality of the Software. In no event may the Software be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party; (b) is unlawful, fraudulent or deceptive; (c) unless authorized by the Company, uses technology or other means to access Company's proprietary information including reverse engineering this application's code, database, or architectural design; (d) uses or launches any automated system to access Company's website or computer systems; (e) attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Company's computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; (h) violates this Agreement; (i) violates any hunting laws, rules, codes, or regulations. Company reserves the right, in its sole discretion, to terminate this Agreement and  request that You remove the Software from Your Computing Device for any reason, including but not limited to Company's reasonable conclusion that You have violated this Agreement.

8. Indemnification.

You agree to defend, indemnify, and hold harmless Company and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from Your use or misuse of the Software, violation of this Agreement or violation of any rights of a third party. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.

9. Intellectual Property Rights.

You and Company acknowledge that, in the event of any third party claim that the Software or Your use of the Software infringes any third party's intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the Software be found to infringe any intellectual property rights of a third party, Your sole remedy shall be either to cease using the Software or to use a non-infringing version of the Software should Company choose to provide you with such a non-infringing version.

10. Product Claims.

You acknowledge that Company, not Apple, Inc., is responsible for addressing any claims of the end-user or any third party relating to the Software or Your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under any consumer protection or similar legislation.

11. Contact Information.

Should You wish to contact the Company with any questions, complaints or claims with respect to the Software, you should visit the Company's website at www.sportsmanregs.com/contact or email support@sportsmanregs.com.

12. Proprietary Nature of Software and Marks.

The Company owns the Software and any and all trademarks, service marks and other content included in the Software. The Software may use trademarks, service marks or other content in connection with the services it provides and such trademarks, service marks or other content remains at all times the property of its respective owner. You have no right or license with respect to any trademarks, service marks and other content owned by Company or any third party that is visible on or provided to You through the Software.

13. "Opt-In" For Push Messaging.

The Company may send You "push messages" or "push notifications" (collectively "Push Communications") if Your Apple Computing Device supports Push Communications. By installing the Software, You agree to accept Push Communications and "opt-in" to receive them. Should You wish to cease receiving Push Communications from the Company, You may turn off Push Communications for the Software by opening the "Settings" on your Apple Computing Device, selecting the "Notifications" tab and selecting the "TabbedOut" button.

14. Governing Law.

The laws of the State of Washington, excluding its conflicts of law rules, govern this Agreement and Your use of the Software. You Agree that any action arising under this Agreement or use of the Software shall be brought in the courts of King County, Washington and that those Courts shall have exclusive jurisdiction to decide any matters relating to the Software or claims under this Agreement.

15. Third Party Disclaimers.

This application uses the Apple (TM) application programming interface but is not endorsed or certified by Apple Inc. All of the Apple (TM) logos (including all badges) and trademarks displayed on this application are the property of AppleLabs, Inc. Portions of the source code of this application use software licensed under the Apache License, Version 2.0, from Facebook , Incmysql lite, and Urban Airship.

Trademark (TM), Copyright (C) 2009-2013, Sportsman Regs, Inc. All rights reserved.