This Drivemode License Agreement (this “Agreement”) is a legal agreement between you, an individual, and Drivemode, Inc. (“Drivemode”) regarding the use of the Drivemode software accompanying this Agreement, which includes any updates thereto and any user documentation provided in electronic form (together, the “Software”). BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. INSTEAD, EXIT AND UNINSTALL THE SOFTWARE FROM YOUR DEVICE. IF YOU DO NOT ACTIVATE OR USE THIS SOFTWARE, PLEASE DESTROY OR DELETE ALL COPIES IN YOUR POSSESSION
1. Risks Associated with the Software. The Software provides an interface that allows you to operate your device through your voice commands and simplified finger movements while driving a vehicle. The Software may access applications or other materials on your device provided by you or third parties (collectively, “Third Party Content”), and Drivemode is not responsible in any way for your use of Third Party Content and any resulting damages. For instance, Drivemode is not responsible for any incorrect or dangerous map directions the Software may access from other applications on your device. You choose to use the Software at your own risk. You must comply with all laws regarding use of devices in motor vehicles. You must drive in accordance with all road conditions, traffic laws, and police instructions. Drivemode is not responsible for any property damage, personal injury, death, or other damages you or others may cause in any way related to your use of the Software or motor vehicles.
2. Grant of License. Subject to the restrictions set forth in this Agreement, Drivemode hereby grants to you a non-exclusive license to install and use, but not reproduce, modify, or distribute, the Software during the term as specified in Section 9, solely to test and evaluate the Software.
3. Ownership. Except for the license granted in Section 2, Drivemode retains all right, title and interest (including all intellectual property rights) in and to the Software and grants no other rights, express or implied, to you.
4. License Restrictions. You may not modify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, or copy any portion of the Software. You must not circumvent or disable any security or other technological features of the Software.
5. Feedback. If you provide any feedback to Drivemode concerning the functionality and performance of the Software (including identifying potential errors and improvements) (“Feedback”), you hereby grant to Drivemode the unrestricted right to use your Feedback without payment to you for any purpose, including to improve the Software and create other products and services.
6. Privacy. The Software contains features that collect information regarding use of the Software, which may include personal information, and transmits it to Drivemode. For more information regarding our collection, protection, and disclosure of personal information, please review our Privacy Policy, which is incorporated by reference.
7. Other Services or Hardware Required. To use the Software, you may need a mobile device and data carrier coverage (collectively, “Other Services”). You are solely responsible for providing any Other Services and paying any attendant fees. Drivemode will not provide, or pay any fees related to, Other Services. If Drivemode provides you with mobile devices or any Other Services, it does so at its own discretion, with no obligation to do so in the future, and without waiver of this Section 7.
8. Remote Disable. The Software may contain a feature that allows Drivemode to remotely disable the Software, for instance to ensure that you do not use the Software longer than the term of your license to use the Software. Following a remote disable, the Software may cease to function in some or all respects, and you may lose access to data made with or stored using the Software. The disabling of the Software is a key feature of the license rights and responsibilities conveyed under this Agreement.
9. Term and Termination. This Agreement will be effective upon the earlier of your execution of this Agreement or use of the Software. This Agreement will terminate immediately upon notice from Drivemode. Drivemode’s rights and your obligations will survive the termination of this Agreement. Upon termination of this Agreement by Drivemode, you will destroy or delete all copies of the Software from any of your devices.
10. NO WARRANTIES. THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. DRIVEMODE DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL NOT CONTAIN ERRORS. DRIVEMODE DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL MEET LEGAL REQUIREMENTS FOR THE USE OF DEVICES IN VEHICLES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRIVEMODE AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT.
11. LIMITATION OF LIABILITY. DRIVEMODE’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED $25. DRIVEMODE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF DRIVEMODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.
12. Indemnification. You will indemnify, hold harmless, and defend Drivemode (including all of its officers, employees, directors, subsidiaries, representatives, affiliates, and agents) and Drivemode’s suppliers from and against any damages (including attorney’s fees and expenses), claims, and lawsuits that arise or result from your use of the Software or motor vehicles, including property damage, personal injury, or death.
13. General. This Agreement is governed by the laws of the State of California, without reference to its conflict of laws principles. Any dispute between you and Drivemode regarding this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California. This Agreement is the entire agreement between you and Drivemode and supersedes any other communications with respect to the Software.