Terms and Conditions
Subject to the terms and conditions of this Software Agreement (this “Agreement”), Public Emergency Alerting Services Inc (“PEASI”) hereby grants you a limited, non-transferable, non-exclusive, revocable license (the “License”) to download, install, access and use the Alertable Product Software (the “Product Software”). Read the terms and conditions of this Agreement carefully before downloading, installing, accessing and using the Product Software.
PEASI may change, add or remove portions of this Agreement at any time, which shall become effective immediately upon posting. It is your responsibility to review this Agreement prior to each use of the Product Software, and by continuing to use the Product Software, you agree to any changes.
You understand and agree that the Product Software and the information contained within is for informational purposes only, and may include technical inaccuracies or typographical errors. You understand and agree that the Product Software is provided “AS-IS” and that PEASI assume no responsibility for the timeliness, deletion, mis-delivery or accuracy of any of the information.
You understand and agree that the notification messages and related information sent through the Product Software are sent by third party sources who are in no way related to PEASI, that PEASI do not verify the accuracy of the information contained in the notification messages and related information, and that PEASI are in no way responsible for the content of such notification messages and related information.
You understand and agree that the Product Software is not a life-saving device, and cannot be relied upon in the event of an emergency. PEASI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product Software (or any part thereof) with or without notice. You agree that PEASI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Product Software.
You understand and recognize that access to the Product Software may be governed by your wireless service or data provider and that PEASI have no responsibility for or control over such access.
You agree to use the Product Software only for lawful purposes. You agree not to take any action that might compromise the security of the Product Software, render the Product Software inaccessible to others or otherwise cause damage to the Product Software. You agree not to use the Product Software in any manner that might interfere with the rights of third parties. You may not rent, lease, distribute, or resell the Product Software, or use the Product Software as the basis for developing a competitive solution (or contract with a third party to do so).
The Product Software and all graphics, services, logos, sounds, images, software, and intellectual property therein (the “Materials”) are owned and provided by PEASI or its affiliates, authors, developers and vendors (the “Parties”), and may not be copied, reproduced, distributed, republished, transmitted, downloaded, photocopied, recorded or otherwise transferred or duplicated without the express permission of PEASI. Using the Product Software does not give you the right to use any of the Materials, trade names, trademarks, service marks, logos or other brand features except in association with your personal use of the Product Software in accordance with the Terms.
Upon reasonable request by PEASI, you agree to provide suggestions, enhancement requests, and recommendations (individually and collectively, “Feedback”) regarding the Product Software. Feedback shall include informing PEASI about the performance, ease of use, features that may be missing, and any bugs encountered during the use of the Product Software. PEASI may contact you and you agree to make available a reasonable amount of time to discuss and Feedback provided to PEASI, if so requested. PEASI may without restriction or fee use, modify and incorporate this Feedback into the Product Software and other PEASI products and/or services without any restriction and without any payment.
You acknowledge and agree PEASI hosts and retains physical control over the Product Software. Nothing in this Agreement obligates PEASI to deliver or make available any copies of computer programs or code from the Product Software to you, whether in object code or source code form. PEASI reserves the right, in its sole discretion, to revoke access and use of the Product Software at any time. Further, PEASI reserves the right to inspect (“enter into”) Product Software to (i) monitor or measure your use of the Product Software; (ii) validate certain features or functionality of the Product Software; and (iii) provide services or support necessary to maintain the Product Software.
PEASI maintains all rights, title and interest in and to all its patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The limited rights granted to you to access and use the Product Software under this License do not convey any additional rights in the Product Software, or in or to any Intellectual Property Rights associated therewith. Subject only to the limited rights to access and use the Product Software as expressly provided herein, all rights, title and interest in and to the Product Software and all hardware, software and other components of or used to provide the Product Software, including all related Intellectual Property Rights, will remain with and belong exclusively to PEASI. You agree not to use PEASI trademarks or other business names for any purpose unless authorized by PEASI. You will not earn or acquire any rights or licenses under any copyrights, patents, trade secrets, trademarks or other intellectual property rights on account of this License or your performance under this Agreement. To the extent that PEASI provides you with PEASI Materials or Product Software, you agree that all PEASI Materials are and remain the sole and exclusive property of PEASI. You further agree, upon request of PEASI, to return any PEASI Materials upon request. You agree to promptly disclose and hereby assign to PEASI any suggestions for change and/or improvement to the Product Software and any related rights thereto.
This Agreement does not create a partnership, agency relationship, or joint venture between the parties. Any assignment of this Agreement by Customer in whole or in part without PEASI’s prior written consent will be null and void, except an assignment to a successor that is not a competitor of PEASI’s made in connection with a merger or sale of all or substantially all of Customer’s assets or stock or to an Affiliate. If this Agreement is translated into a language other than English, the translation is for convenience only, and the English language version will govern. If any provision of this Agreement is unenforceable, that provision will be modified to render it enforceable to the extent possible to affect the parties’ intention and the remaining provisions will not be affected. Failure of PEASI to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. Such documents encompass the entire agreement between you and PEASI with respect to the subject matter hereof and supersede all prior representations, agreements and understandings, written or oral.
All notices provided by PEASI to you under this Agreement may be delivered in writing (a) by nationally recognized overnight delivery service (“Courier”) or postal mail; or (b) electronic mail address. You must give notice to PEASI in writing by (a) Courier or postal mail to the following address: PEASI, 888 4 Avenue SW, unit 1906, Calgary, Alberta T2P 0V2; or (b) to the following electronic mail address: email@example.com. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the postal mail or with a Courier as permitted above. You may not assign this Agreement without the prior written consent of PEASI. Subject to the foregoing, the Agreement shall be binding upon the parties and their respective administrators, successors and assigns.
WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT USE OF THE PRODUCT SOFTWARE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE PRODUCT SOFTWARE IS PROVIDED ON AN “AS AVAILABLE”, “AS IS” BASIS AND “WITH ALL FAULTS”. PEASI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCT SOFTWARE, INCLUDING ANY REPRESENTATION THAT THE SERVICES THEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, PEASI DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE PRODUCT SOFTWARE. FOR THE AVOIDANCE OF DOUBT, ALL PRODUCT SOFTWARE IS CONSIDERED A FINAL, GENERALLY AVAILABLE PRODUCT OFFERING BUT MAY CONTAIN DEFECTS. PRODUCT SOFTWARE MAY NOT OPERATE ACCURATELY FROM TIME TO TIME AND MAY BE SUBSTANTIALLY MODIFIED TO REMEDY SAID DEFECTS. ACCORDINGLY, ACCESS TO AND USE OF THE PRODUCT SOFTWARE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL PEASI BE LIABLE FOR ANY DAMAGE WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT SOFTWARE, EVEN IF PEASI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF ANY PRODUCT SOFTWARE.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAT PEASI SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU (EVEN WHERE THE PARTIES SHOULD HAVE BEEN AWARE OR WERE OTHERWISE ADVISED OF SUCH DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. IN THE EVENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSIONS SET FORTH IN THIS PARAGRAPH, YOU AGREE THAT PEASI LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.