IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT
This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licensed, not sold. DRONE AMPLIFIED, INC. grans you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
End User License Agreement
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and DRONE AMPLIFIED, INC. (herein referred to as "DRONE AMPLIFIED", "we", or "us") with regard to the copyrighted Software (herein referred to as "SOFTWARE PRODUCT" or "SOFTWARE") provided with this EULA.
The SOFTWARE PRODUCT includes the software, the associated media, data, services, any printed materials, and any "online" or electronic documentation. Use of any software and related documentation ("Software") provided to you by DRONE AMPLIFIED, INC. in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply.
If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, DRONE AMPLIFIED is unwilling to license the SOFTWARE PRODUCT to you.
1. Eligible Licensees
This Software is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing. IF YOU DO NOT OWN THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
2. License Grant
DRONE AMPLIFIED grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software provided with this EULA. You agree you will not copy the Software except as necessary to use it on a single mobile device or computer. You agree that you may not copy the written materials accompanying the Software.
Modifying, translating, renting, copying, disassembling, decrypting, reverse compiling, reverse engineering, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons is strictly prohibited. Removing any proprietary notices, labels or marks from the Software is also strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software.
You may not transfer, loan, rent, or lease this Software.
3. Eligibility
You must be at least 18 years of age to use the SOFTWARE PRODUCT. By agreeing to these EULA, you represent and warrant to us that:
(a) you are at least 18 years old;
(b) you have not previously been suspended or removed from the using this SOFTWARE PRODUCT;
(c) you have not previously been convicted of a crime or violated any FAA or other aviation regulation; and
(d) your registration and your use of the SOFTWARE PRODUCT is in compliance with all applicable laws and regulations.
4. Copyright
The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of DRONE AMPLIFIED and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above.
All copies of the Software will contain the same proprietary notices as contained in or on the Software. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, logos, symbols, data, and interfaces incorporated into the SOFTWARE PRODUCT), the accompanying printed and web materials, and any copies of the SOFTWARE PRODUCT, are owned by DRONE AMPLIFIED or its suppliers.
The SOFTWARE PRODUCT is protected by copyright, patent, and trademark laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5. Disclaimer of Warranty
The Software is provided "AS IS", with faults and defects, without warranty of any kind. DRONE AMPLIFIED, INC. and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights.
The entire risk as to the quality and performance of the Software is with you. Neither DRONE AMPLIFIED nor its suppliers warrant that the functions contained in the Software will meet your requirements, or that the operation of the Software will be uninterrupted or error-free, or that it will meet any performance or reliability standards. DRONE AMPLIFIED IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
6. Responsibility
You are solely responsible for ensuring that you comply with all applicable legal requirements for the operation of any aircraft, including any requirement that you detect and avoid other aircrafts.
You must at all times comply with all applicable local, state, federal, and international laws and regulations related to the operation of unmanned aerial devices and your use of the Service in your territory of operation, including any applicable laws with regard to privacy.
You will obtain and maintain all necessary licenses, consents, and authorizations of any kind.
7. Feedback
We will own any and all right, title, and interest in, and to any feedback, suggestions, information, or materials you convey to us related to the SOFTWARE PRODUCT in connection with your use of the SOFTWARE PRODUCT ("Feedback"). You hereby assign to DRONE AMPLIFIED all right, title, and interest in such Feedback.
8. Limitation of Liability
DRONE AMPLIFIED's entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall DRONE AMPLIFIED or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if DRONE AMPLIFIED or its supplier has been advised of the possibility of such damages, or any claim by a third party.
9. Upgrades and changes
DRONE AMPLIFIED reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you. DRONE AMPLIFIED may update the SOFTWARE PRODUCT, through patches, bug fixes, updates, upgrades and other modifications (“Updates”). These updates may modify or delete certain features and/or functionalities of the SOFTWARE PRODUCT.
You agree that DRONE AMPLIFIED has no obligation to (a) provide any Updates, or (b) continue to provide or enable any particular features and/or functionalities of the SOFTWARE PRODUCT to you. You further agree that all Updates will be (a) deemed to constitute an integral part of the SOFTWARE PRODUCT, and (b) subject to the terms and conditions of this EULA.
10. Third party services
The SOFTWARE PRODUCT may display, include or make available third-party content, including data, information, applications and other products services ("Third-Party Services").
You acknowledge and agree that DRONE AMPLIFIED shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. DRONE AMPLIFIED does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
11. Product Support
DRONE AMPLIFIED is not obligated to provide you with any maintenance, technical or other support for the during this BETA release. You acknowledge that DRONE AMPLIFIED has no express or implied obligation to announce or make available a commercial version of the Pre-Release Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in this BETA version of the Software licensed hereunder.
12. No Liability for Consequential Damages
In no event shall DRONE AMPLIFIED or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this DRONE AMPLIFIED product, even if DRONE AMPLIFIED has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
13. Indemnification
You agree to indemnify, hold harmless and defend DRONE AMPLIFIED, its officers, its employees, its agents, its partners, and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from (a) the use or distribution of the Software , and (b) the violation of this agreement.
14. Privacy policy
DRONE AMPLIFIED may collect, store, maintain, and share your usage and diagnostic information of the SOFTWARE PRODUCT. This information includes stability and performance information, which will help us improve the SOFTWARE PRODUCT. You can disable sharing this usage and diagnostic information at any time by turning off the Usage & diagnostics setting in the Google settings on the Android device the SOFTWARE PRODUCT is installed on.
This mobile application uses Mapbox APIs, which collect location and usage data that will be shared with Mapbox. To better understand Mapbox's Privacy Policy, please refer to this link:
https://www.mapbox.com/privacy/#start
This mobile application uses DJI APIs which may collect information related to your device and flights. To better understand DJI's Privacy Policy and the information collected, please refer to this link:
https://developer.dji.com/policies/privacy/
By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.
15. Fees and Costs
There are no license fees for Licensee's use of the Beta version of the SOFTWARE under this Agreement. DRONE AMPLIFIED, INC. reserves the right to have a fee for post-BETA versions of the SOFTWARE. Licensee is responsible for all costs and expenses associated with the use of the Beta Product and the performance of all testing and evaluation activities.
16. Termination
This EULA shall remain in effect until terminated by you or DRONE AMPLIFIED.
DRONE AMPLIFIED may, in its sole discretion, at any time and for any or no reason, suspend or terminate this EULA with or without prior notice. This EULA will terminate immediately, without prior notice from DRONE AMPLIFIED, in the event that you fail to comply with any provision of this EULA.
You may also terminate this EULA by deleting the SOFTWARE PRODUCT and all copies thereof from your mobile device or from your computer. Upon termination of this EULA, you shall cease all use of the SOFTWARE PRODUCT and delete all copies of the SOFTWARE PRODUCT from your mobile device or from your computer.
Termination of this EULA will not limit any of DRONE AMPLIFIED's rights or remedies at law or in equity in case of breach by you (during the term of this EULA) of any of your obligations under the present EULA.
17. Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
18. Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
19. Amendments to this Agreement
DRONE AMPLIFIED reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a material change is made, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use this SOFTWARE PRODUCT after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the SOFTWARE PRODUCT.
20. Disputes
These Terms provide that all disputes between you and DRONE AMPLIFIED will be resolved by BINDING ARBITRATION. You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action.
Any arbitration between you and DRONE AMPLIFIED will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Dispute Resolution Terms, and will be administered by the AAA. The Terms are governed by the laws of the State of Nebraska without regard to conflict of law principles.
DRONE AMPLIFIED, INC.
1811 S Pershing Rd
Lincoln, NE, 68502-4840
info@droneamplified.com
(531) 333-2828
LAST UPDATED: June 11, 2018