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SCOSCHE
myTREK™ App - Legal End User License Agreement (cont'd)
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10. U. S. Government Users. Pursuant to the policy stated at 48 CFR 227.7202-1, U.S. Government users acknowledge that
(i) the Software is commercial computer software, (ii) this Agreement embodies the licenses customarily used by Scosche
Industries for licenses in Software granted to the public, and (iii) the licenses set forth herein shall apply to all possession, use
and duplication of the Software by the Government, except to the extent which such licenses are inconsistent with Federal
procurement law. Contractor/manufacturer is Scosche Industries.
11. Assumption of Risk. You acknowledge that your health and fitness activities involve risks, which may involve risk of
bodily injury or death, and that you assume those risks. You should consult a licensed physician prior to beginning any health
or fitness program that you undertake, and you acknowledge that Scosche Industries has advised you of the necessity for
obtaining such consultations. In addition, the Software should not be used by pregnant women or individuals under age
18. The Software is a source of information, but it does not provide medical advice. In no event shall Scosche Industries
be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the
Software or any form of fitness training, exercise or other activity you undertake in connection with your use of the Software.
12. Disclaimer of Warranty. SCOSCHE INDUSTRIES PROVIDES THE SOFTWARE TO YOU "AS IS", WITH ALL FAULTS,
AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
SCOSCHE INDUSTRIES MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE IS ACCURATE, COMPLETE
OR UP-TO-DATE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY SCOSCHE INDUSTRIES EMPLOYEE,
REPRESENTATIVE OR DISTRIBUTOR SHALL CREATE A WARRANTY FOR THE SOFTWARE, AND YOU MAY NOT RELY
ON ANY SUCH INFORMATION OR ADVICE. SCOSCHE INDUSTRIES' LICENSORS EXPLICITLY DISCLAIM ANY AND ALL
WARRANTIES WITH RESPECT TO THE SOFTWARE.
13. Limitation of Liability. IN NO EVENT SHALL SCOSCHE INDUSTRIES OR ITS LICENSORS BE LIABLE TO YOU FOR ANY
SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING
WITHOUT LIMITATION THE COST OF COVER, DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS OR GOODWILL),
WHETHER OR NOT SCOSCHE INDUSTRIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SCOSCHE INDUSTRIES'
MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT AND/OR YOUR USE OR POSSESSION OF THE
SOFTWARE, INCLUDING WITHOUT LIMITATION ANY CLAIMS IN TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH
OF WARRANTY, STRICT LIABILITY OR OTHERWISE, AND FOR ANY AND ALL CLAIMS COMBINED, WILL NOT EXCEED
THE LESSER OF (A) $10; OR (B) THE FEE YOU PAID FOR YOUR LICENSE TO THE SOFTWARE.
14. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of
California, excluding its choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods
shall not apply.
15. Disputes. A party shall not seek relief from a court with respect to any dispute arising in connection with this Agreement
(except for any application for urgent equitable relief) unless such dispute has first been referred to voluntary mediation,
and, if such mediation is not successful, has been submitted to arbitration conducted by a panel of three arbitrators sitting
in Ventura, California. Each party shall choose one arbitrator and those two shall choose the third. The arbitration shall be
conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association and the decision of
the arbitrators shall be binding and enforceable in any court of competent jurisdiction. The arbitrators shall have no power
to award punitive damages or any damages inconsistent with this Agreement or measured other than by the actual losses
suffered by the parties.
16. Complete Agreement; Waiver; Severability. This Agreement supersedes all proposals, oral or written, all negotiations,
conversations, discussions and all past course of dealing between you and Scosche Industries relating to the Software or the
terms of its license to you, and may only be modified by Scosche Industries in the manner identified above. In the event any
term of this Agreement is held by a court of competent jurisdiction not to be enforceable, the remaining terms shall survive
and be enforced to the maximum extent permissible by law. No waiver of any right or obligation contained herein shall be
given except in writing signed by the party against whom the waiver is sought to be enforced. If any of the provisions of this
Agreement are held to be invalid under any applicable statute or rule of law, they shall be severed from this Agreement and
the remaining provisions of this Agreement shall be interpreted so as best to reasonably effect the intent of the parties. The
parties further agree to replace any such invalid or unenforceable provisions with valid and enforceable provisions designed
to achieve, to the extent possible, the business purposes and intent of such invalid or unenforceable provisions.
17. Consent to Electronic Contracting. You agree that execution of this Agreement may occur by your manifesting your
acceptance of it when you downloaded and used the Software, and that no signature on a paper copy of this Agreement is
required in order to form a binding contract.
18. Acknowledgements. You and Scosche Industries acknowledge that this Agreement is between you and Scosche
Industries only, and not with Apple, Inc. ("Apple"). You and Scosche Industries further acknowledge that Apple has no
obligation whatsoever to furnish any maintenance and support services with respect to the Software. In the event of any
failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase
price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the Software. Scosche Industries and you acknowledge that Apple is not responsible
for addressing any claims by you 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 consumer protection or similar legislation. Scosche Industries and
you acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software
infringes that third party's intellectual property rights, Apple will not be 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 Scosche Industries choose to provide you with such a non-infringing version. Scosche Industries and
you acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement and upon your
acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted
the right) to enforce this Agreement against you as a third party beneficiary thereof.
All manuals and user guides at all-guides.com
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SCOSCHE
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19. 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 (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 Scosche Industries 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.
20. Contact Information. Scosche Industries may be contacted at Scosche Industries, 1550 Pacific Avenue, Oxnard, CA
93033, (800) 363-4490 Toll Free, (805) 486-4450 Local, and (805) 486-9996 Fax for any end-user questions, complaints, or
claims with respect to the Software.
21. Privacy Disclosure. Scosche Industries may use analytics technology to track anonymous traffic data about the use of
the Software. This data does not include any personally identifiable information of you, the user. Some of the analytics
technology described in this paragraph is provided to Scosche Industries by Google, Inc. ("Google"). Under the Google
Analytics Terms of Service, Google and its subsidiaries have the right to retain and use the anonymous traffic data collected
by the Google Analytics service from users of the Software. Use of such data is subject to the Google Privacy Policy located
at http://www.google.com/privacy.html.
Scosche Industries Inc. warrants this product to be free from defects in material and workmanship for a period of 1 year
from purchase. This Scosche product is sold with the understanding that the purchaser has independently determined
the suitability of this product. This warranty is offered to the original purchaser of the product only. This warranty does not
cover the product if physically damaged, subject to negligence or misuse, abuse, alteration, accident, or an act of GOD.
This warranty does not apply to product which has water or physically damaged by accident or which has been misused,
disassembled or altered.
The original dated sales slip or proof of purchase will establish warranty eligibility. If the product should prove defective within
the warranty period, return the product with proof of purchase to Scosche Industries Inc. Scosche, at its option, will replace
or repair the product free of charge and return the product postage paid.
In no event shall Scosche Industries, Inc. be responsible for claims beyond the replacement value of the defective product,
or in any way be liable or responsible for consequential or incidental damages. No empress warranties and no implied
warranties, whether for fitness or any particular use or otherwise, except as set forth above (which is made expressly in
lieu of all other warranties) shall apply to products sold by Scosche. Scosche Industries cannot be held responsible for
discrepancies/inconsistencies that may occur due to automotive manufacturing changes or option.
(cont'd)
myTREK™ App - Legal End User License Agreement (cont'd)
LIMITED WARRANTY
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