Terms and Condition
Welcome to KnowWake!
The application software (the “Application”) you are downloading to your device is owned by KnowWake, LLC. The map data embedded in the Application (the “Map Data”) is owned by one or more third parties and is licensed to KnowWake when applicable. KnowWake also licenses information, text, images, graphics, photographs, audio, video, images and other applications and data from other third party data providers (“Third Party Content Data”). The Map Data and Third Party Content Data are collectively the “Data”. Both the Application and Data are protected under copyright laws and international copyright treaties. The Application and Data are licensed, not sold. The Application and Data are provided under this License Agreement and are subject to the following terms and conditions which are agreed to by End User (“you” or “your”), on the one hand, and KnowWake and its licensors and affiliated companies of KnowWake and its licensors, on the other hand. If you are obtaining the Application from a third party application vendor (the “Application Vendor”), you acknowledge that KnowWake, and not the Application Vendor, is responsible for the Application. KnowWake’ s licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of KnowWake and its licensors, are each a direct and intended third party beneficiary of this Agreement and may enforce their rights directly against you in the event of your breach of this Agreement.
IMPORTANT: CAREFULLY READ THIS ENTIRE LICENSE AGREEMENT BEFORE PURCHASING OR USING THIS APPLICATION. PURCHASING, INSTALLING, COPYING, OR OTHERWISE USING THIS APPLICATION INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PURCHASE, INSTALL OR USE THE APPLICATION.
License Terms and Conditions
KnowWake (“we” or “us”) provides you with the Application and the embedded or accompanying Data, including any “online” or electronic documentation and printed materials, and grants you a limited, non-exclusive license to 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. Your use of the Application must not violate any usage rules of the Application Vendor or any other third party service provider you use to enable the Application. 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 KnowWake, 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. KnowWake also reserves the right to discontinue offering any Data supplied by any third party supplier if such supplier ceases to supply such content or KnowWake’s contract with such supplier terminates for any reason.
Support. If you need 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 KnowWake at: email@example.com
Acknowledgement of Application Vendor Responsibility. The Application Vendor shall have no maintenance or support obligation for the Application, nor any responsibility for addressing any claims from you or any third party regarding the possession or use of the Application, including without limitation product liability claims, claims of failure to meet legal or regulatory requirements or consumer protection laws claims. Further, the Application Vendor shall have no responsibility regarding third party claims of intellectual property rights violations as a result of your possession or use of the Application.
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. KnowWake and its licensors including the licensors, service providers, channel partners and suppliers, and affiliated companies of KnowWake and its licensors, 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 only as a supplementary travel aid and must not be used for any purpose requiring precise measurement of direction, distance, location or topography. KNOWWAKE MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF MAP DATA IN THE APPLICATION.
Disclaimer of Warranty. KNOWWAKE AND ITS LICENSORS, including the licensors, service providers, channel partners, suppliers and affiliated companies of KnowWake and its licensors, DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY KNOWWAKE OR ITS SUPPLIERS AND LICENSORS 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. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you. THE SOLE AND MAXIMUM RESPONSIBILITY OF THE APPLICATION VENDOR IN THE EVENT OF A WARRANTY FAILURE IS A REFUND OF THE APPLICATION PURCHASE PRICE.
Disclaimer of Liability. KNOWWAKE AND ITS LICENSORS, including the licensors, service providers, channel partners, suppliers and affiliated companies of KnowWake and its licensors, 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 IN THE 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 KNOWWAKE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KNOWWAKE’S AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS LICENSE AGREEMENT OR OTHERWISE WITH RESPECT TO THE APPLICATION OR THE DATA SHALL NOT EXCEED $1.00. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
Collection of Information. We 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. We may use this information to detect broad user trends and to otherwise enhance our products or applications. If you elect to use location-based services on the Application, such as crowdsourcing, the physical location of your device will be collected in order to provide you with such location-based services. This location data is collected anonymously in a form that does not personally identify you. We may also collect and upload information such as your location. This data is collected anonymously in a form that does not personally identify you. The collection and use of this location information are described in more detail in our privacy statement.
Disclaimer of Endorsement. Reference to any products, services, processes, hypertext links to third parties or other Data by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by KnowWake or its licensors. Product and service information are the sole responsibility of each individual vendor.
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 KnowWake 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 KnowWake and its licensors, f
ee 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 KnowWake) or expires, or (ii) KnowWake terminates this Agreement for any reason, including, but not limited to, if KnowWake finds that you have violated any of the terms of this Agreement. In addition, this Agreement shall terminate immediately upon the termination of an agreement between KnowWake and any third party from whom KnowWake (a) obtains services or distribution necessary to support the Application, or (b) licenses Data. 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 KnowWake and its licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of KnowWake 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 Florida, 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 Florida for any and all disputes, claims and actions arising from or in connection with the Application or Data. Any translation of this Agreement from English is provided as a convenience only. If this Agreement is translated into a language other than English and there is a conflict of terms between the English version and the other language version, the English version will control.
Government End Users. If End User is an agency, department, or other entity of the United States Government, or funded in whole or in part by the U.S. Government, then use, duplication, reproduction, release, modification, disclosure or transfer of the Application and accompanying documentation is subject to restrictions as set forth in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 27.7202-1 (DOD policy on commercial computer software), FAR 52.227-19 (JUN 1987) (commercial computer software clause for civilian agencies), DFARS 252.227-7015 (NOV 1995) (DOD technical data – commercial items clause); FAR 52.227-14 Alternates I, II, and III (JUN 1987) (civilian agency technical data and noncommercial computer software clause); and/or FAR 12.211 and FAR 12.212 (commercial item acquisitions), as applicable. In case of conflict between any of the FAR and DFARS provisions listed herein and this License Agreement, the construction that provides greater limitations on the Government’s rights shall control.
KnowWake® is a trademark of KnowWake LLC registered in the USA and other countries. This trademark may not be used without the express permission of KnowWake.