Last updated: April 17th, 2020
This End-User License Agreement (“Agreement”) is between the End-User (“You”, or “Your”) and CentrAlert, Inc (“the Licensor”) and governs use of the Know NOW! App (“the Licensed Application”) made available as an iOS app through the Apple App Store and as an Android app through the Google Play Store. This Agreement is between You and the Licensor only, and not Apple, Inc. (“Apple”) or Google LLC (“Google”). The Licensor is solely responsible for the Licensed Application and the content thereof.
The Licensed Application is also available directly from the Licensor as a private distribution.
Private distribution, for iOS and Android, could mean:
- The Licensor installs the Licensed Application directly on Your device from one of the Licensor’s computers; or
- You download and install the Licensed Application from a link on the Licensor’s website; or
- You obtain and install the .ipa (iOS app) or .apk (Android app) file through any other means that a file can be distributed including, but not limited to, digital formats like email or physical formats like a USB storage device; or
- You download the Licensed Application through the App Store/Play Store but via a link sent by the Licensor (the app won’t be publicly searchable).
By installing the Licensed Application via the App Store, Google Play Store or privately from the Licensor, You agree to be bound by this Agreement and understand that Your rights under this Agreement will terminate automatically if You fail to comply with any of its terms. If You do not agree with the terms and conditions of this Agreement, You are not entitled to use the Licensed Application.
2. Scope of License
The Licensor grants you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application for personal informational purposes. All information provided by the Licensed Application is sourced from a variety of federal and state agencies. The Licensor is not responsible for the accuracy of the information and the resources are liable to change without notice. The sites currently in use are listed in the Licensed Application under the “Resources” tab. Data sources are listed in the “Help Center” under “Know NOW! Data Sources”.
The Licensed Application also includes a “Map” tab. Data on this map is derived from third-party sources and the Licensor is therefore not responsible for positional inaccuracies, subsequent updates, errors or omissions of data. However, suggestions for improvements or error notifications are welcome. Please contact the Licensor at the details provided in section 10 if required.
You may only use the Licensed Application on Apple or Android devices that you own or control and as permitted by the App Store or Google Play Store Terms of Service, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via volume purchasing.
The Licensor reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Licensed Application only as expressly permitted in this Agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not (i) work around any technical limitations in the software; (ii) reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application (or its updates) except and only to the extent that applicable law expressly permits, despite this limitation; (iii) make more copies of the Licensed Application than specified in this Agreement or allowed by applicable law, despite this limitation; (iv) publish the Licensed Application for others to copy; (v) rent, lease, lend, sell, redistribute, or sublicense the Licensed Application; and (vi) transfer the Licensed Application or this Agreement to any third party.
3. Maintenance and Support
The Licensor is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the Agreement or as required under applicable law. Apple or Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Disclaimer of Warranties
The Licensor will use reasonable care and skill with respect to the provision of the Licensed Application and any services performed or provided by the Licensed Application to You.
THE LICENSED APPLICATION AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE LICENSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE LICENSED APPLICATION, ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE LICENSED APPLICATION, AND ANY SOFTWARE OR HARDWARE ASSOCIATED OR USED WITH THE LICENSED APPLICATION, OR THE AVAILABILITY OF ANY OF THE FOREGOING, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT; OR (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. THE LICENSOR OR ITS ENTITIES DO NOT WARRANT THAT THE LICENSED APPLICATION OR ANY PORTION OF THE LICENSED APPLICATION, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE LICENSED APPLICATION, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, CORRUPTION, OR OTHER SECURITY INTRUSION, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO OTHER STATEMENTS OR INFORMATION SHALL CREATE ANY WARRANTY REGARDING ANY OF THE LICENSOR’S ENTITIES OR THE LICENSED APPLICATION THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE ABOVE PARAGRAPH APPLIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, SUCH AS LEGAL GUARANTEES OF CONFORMITY FOR GOODS OFFERED TO CONSUMERS IN THE EU, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple or Google, and Apple or Google will refund the purchase price (if paid to Apple or Google rather than to the Licensor) for the Licensed Application to You. To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Licensor.
5. Product Claims
The Licensor, not Apple or Google, is responsible for addressing any claims by You or any third party relating to the Licensed Application or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of the HealthKit and HomeKit (Apple) or Android (Google) frameworks. Nothing in this Agreement shall be deemed an admission that You may have such claims.
6. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE LICENSOR OR ITS ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE LICENSED APPLICATION OR ANY MATERIALS OR CONTENT ON THE LICENSED APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE LICENSOR OR ITS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE SUCH LIMITATIONS SHALL APPLY TO YOU TO THE EXTENT PERMITTED IN SUCH JURISDICTIONS. In no event shall the Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. NOTHING IN THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER.
By downloading, installing, using, or uninstalling the Licensed Application, you hereby agree to, at your own expense, indemnify, defend, and hold harmless the Licensor and its entities, and its directors, officers, employees, and agents (collectively, the “indemnified parties”) from and against any and all losses, damages, injuries, causes of action, claims, demands, and expenses, including legal fees and expenses, of whatever kind or nature arising out of, relating to, or resulting from any claim against such indemnified parties or any one of them, arising from or relating to (i) any breach by you of this EULA; or (ii) your download, installation, use, or uninstallation of the Licensed Application, including, without limitation, any claim of personal injury (including death), injury to reputation, violation of privacy, or damage to tangible property or data (including loss of property or loss of use of tangible property or data).
8. Intellectual Property Rights
The Licensor shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of, or relating to, the Licensed Application. To the extent the Licensor is required to provide indemnification by applicable law, the Licensor, not Apple or Google, shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Licensed Application, or Your use of it, infringes any third-party intellectual property right.
9. Legal Compliance
You must 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; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
10. Contact Us
If You have any questions, complaints, or claims with respect to the Licensed Application, You can contact the Licensor:
- By email: email@example.com
- By phone: 859.224.1047
- By mail: 3090 Harrodsburg Road, Suite 202, Lexington, KY, 40503, United States
11. Third-Party Terms of Agreement
As part of this Agreement, You must comply with applicable third-party terms of agreement when using the Licensed Application. For example, any third-party software (including free and open source software components) used in conjunction with the Licensed Application must be used in compliance with the particular licensing terms and conditions attributable to the provider of the third-party software.
12. Third-Party Beneficiary
As part of this Agreement, You acknowledge that Apple or Google and their subsidiaries are third-party beneficiaries of this Agreement and that upon Your acceptance of the terms and conditions of the Agreement, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third-party beneficiary thereof.
13. Changes to this Agreement
The Licensor reserves the right, at its sole discretion, to modify or replace this Agreement at any time. Thus, we advise you to review this Agreement periodically for any changes. We will notify you of any changes by posting the new Agreement within the Licensed Application and updating the “Last updated” date. These changes are effective immediately after they are posted.
By continuing to access or use the Licensed Application after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Licensed Application.