By installing, copying, downloading, accessing, or otherwise using the Licensed Application, YOU agree to be bound by the terms of this EULA.
If YOU do not agree to the terms of this EULA, do not install or use the Licensed Application.
This End-User License Agreement (“EULA”) is a legal agreement between YOU and The Appraisal Lane LLC (“TAL”) for YOUR use of this software application product.
1. License, Restrictions, and Conditions
1.1 License Grant: Subject to the restrictions and conditions, TAL grants to YOU the nonexclusive right to install, use, access, display, run, or otherwise interact with one copy of the Licensed Application on any Mobile Device Apple iOS or Android based device (“Mobile Device”) that YOU own or control. The Licensed Application is licensed, not sold.
1.2 Restrictions and Conditions: The license is restricted and limited as described below, and each agreement by YOU to comply with the restriction or not to exceed the restriction is a condition of the license granted. The license shall terminate immediately upon any failure of any condition. All rights not expressly granted are reserved by TAL.
Condition 1 – Use of YOUR Data: As a condition to the license, YOU agree that TAL may collect and use technical data and related information, including, but not limited to, technical information about YOUR Mobile Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to YOU (if any) and other third parties related to the Licensed Application. As a condition to the license, YOU agree that TAL may use this information, as long as the information is in a form that does not personally identify YOU, to improve TAL’s products or to provide services or technologies to YOU and other third parties. As a condition to the license, YOU acknowledge and agree that the Licensed Application and the Services provide YOUR personal contact information, such as YOUR name, email address, and phone number, to partnering automobile dealerships for lead generation.
Restriction and Condition 2 – No use except as expressly permitted: YOU acknowledge that the Licensed Application and the Services may contain proprietary content, information and materials that are protected by applicable intellectual property and other laws, including, but not limited to, copyright. The license does not permit use of the Licensed Application or the Services except as expressly permitted, and YOU agree not to exceed this restriction.
Restriction and Condition 3 – Only on YOUR Mobile Device: This license does not allow YOU to use the Licensed Application on any Mobile Device that YOU do not own or control, and YOU agree not to exceed this restriction.
Restriction and Condition 4 – No copying: YOU may not copy (except for archive purposes), modify, create derivative works, reverse engineer, modify, duplicate, disassemble, de-compile, reverse assemble, or otherwise attempt to create or discover, by any means, any aspects of the Licensed Application or the Services, including, for example, but not limited to, source code, screen prints, user interface, user output, reports, report format, report content, reflexes, behaviors, internal logic, edits, data field content, integration to other programs, overall design or object code, and YOU agree not to exceed this restriction. In addition, if YOU breach this restriction, YOU may be subject to prosecution and damages.
Restriction and Condition 5 – No unlawful use: YOU may not use the Services for any unlawful purposes, and YOU agree not to exceed this restriction. YOU may not use the Services to send unsolicited messages in violation of applicable laws, and YOU agree not to exceed this restriction. YOU may not use the Services to send or store infringing, obscene, threatening, harassing, abusive, stalking, libelous, defamatory, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights, and YOU agree not to exceed this restriction.
Restriction and Condition 6 – No malware: YOU may not use the Services to send or store material containing software viruses or other malware, and YOU agree not to exceed this restriction.
Restriction and Condition 7 – No use to interfere with the Services: YOU may not use the Services to interfere with or disrupt the integrity or performance of any of the Services or other data contained therein, including but not limited to, by trespass or burdening network capacity, and YOU agree not to exceed this restriction.
Restriction and Condition 8 – No use by multiple devices at the same time: This license does not allow YOU to distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time, and YOU agree not to exceed this restriction.
Restriction and Condition 9 – No distribution or sublicensing: YOU may not permit any other person to access the Licensed Application or the Services; YOU may not rent, lease, loan, sell, resell, distribute, sublicense, transfer, assign, or otherwise commercially exploit or make available to any other person the Licensed Application or the Services; and YOU agree not to exceed this restriction.
Restriction and Condition 10 – Compliance with all related agreements and rules: The license is limited by the Terms and Conditions and Usage Rules of the Apple App Store or Android Market, and you agree to comply with all such Terms and Conditions and Usage Rules. Any software provided along with the Licensed Application that is associated with a separate end-user license agreement is licensed to YOU under the terms of that license agreement, and YOU agree not to exceed this restriction.
Restriction and Condition 11 – No separate use of component parts: The Licensed Application is licensed as a single product. YOU may not separate its component parts for use on more than one device or otherwise separately from the Licensed Application, and YOU agree not to exceed this restriction. Use of the Services may require Internet access and that YOU accept additional terms of service.
Restriction and Condition 12 – Proprietary notices: YOU shall not directly, or indirectly, remove or obscure any copyright notice placed upon or embedded in the Licensed Application.
2.1 If the Licensed Application is labeled as an upgrade, YOU must be properly licensed to use a product identified by TAL as being eligible for the upgrade to use the Licensed Application. A Licensed Application labeled as an upgrade replaces or supplements (and may disable) the product that formed the basis for YOUR eligibility for the upgrade. YOU may use the resulting upgraded product only in accordance with the terms of this EULA.
2.2 If the Licensed Application is an upgrade of a component of a package of software programs that YOU licensed as a single product, YOU may use the Licensed Application only as part of that single product package and YOU may not separate the Licensed Application for use on more than one device.
3. Intellectual Property
3.1 The Licensed Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
3.2 All title, copyrights, and other intellectual property rights in the Licensed Application and the Services (including, but not limited to, any images, photographs, animations, video, audio, music, text, and “applets”), the accompanying printed materials, and any copies of the Licensed Application are owned by TAL or its licensors. All title and intellectual property rights in and to the content that may be accessed through use of the Licensed Application is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Except as expressly provided, this EULA grants to YOU no rights to use such content and no other rights in such content. This EULA does not grant to YOU ownership of the content.
4. Warranties, Exclusions, Remedies, Limitations and Exclusions of Damages
4.1 YOU understand that by using any of the Services, YOU may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, YOU agree to use the Services at YOUR sole risk and that TAL shall not have any liability to YOU for content that may be found to be offensive, indecent, or objectionable.
4.2 Certain Services may display, include or make available Third Party Materials or provide links to certain third party web sites. By using the Services, YOU acknowledge and agree that TAL is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites.
4.3 TAL DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY SERVICES, THIRD PARTY MATERIALS OR WEB SITES OR FOR ANY OTHER MATERIALS, PRODUCTS OR SERVICES OF THIRD PARTIES.
4.4 Neither TAL, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or notification data displayed by any Services. Third Party Materials and links to other web sites are provided solely as a convenience to YOU. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, YOU should consult with a financial professional.
4.5 Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.
4.6 Alerts and notification data provided by any Services is for convenience only and YOU understand that multiple factors including network availability may affect notification data delivery, which is not guaranteed.
4.7 YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK.
4.8 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION, SERVICES AND THIRD PARTY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TAL DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE LICENSED APPLICATION, SERVICES AND THIRD PARTY MATERIALS. TAL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION, SERVICES OR THIRD PARTY MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TAL OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
4.9 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAL OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED APPLICATION OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TAL’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSED APPLICATION OR US$5.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
5.1 YOUR rights under this EULA will terminate automatically without notice if YOU fail to comply with any of the terms and conditions of this EULA.
5.2 TAL may terminate this EULA at any time by termination of the Service or disabling the Licensed Application or terminating logins.
5.3 Upon termination of this EULA, YOU must cease use of the Licensed Application and destroy all copies of the Licensed Application, including all of its component parts.
5.4 Sections 2-7 shall survive termination of this EULA.
6.1 This Agreement shall be governed by the laws of the State of Ohio, exclusive of choice of law rules. If any of the provisions or portions of this Agreement are determined to be invalid or unenforceable, such invalid provisions or invalid portions shall be severed from this Agreement, and all other provisions hereof shall remain in full force and effect. Further, it is expressly understood and agreed that in the event any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth herein shall remain in effect.
6.2 Should YOU have any questions concerning this EULA, or if YOU desire to contact TAL for any reason, please contact The Appraisal Lane, LLC, One Reynolds Way, Dayton, OH 45430.
6.3 YOU may not assign, license, delegate, sublicense, or transfer this EULA or any of your rights or obligations without the express written consent of an officer of TAL.
6.4 No action, regardless of form, arising out of transactions under this Agreement may be brought by either party more than 1 year after the cause of action has occurred. This limitation shall not apply to collection of any accrued amounts that YOU may owe to TAL.
6.5 If YOU are an authorized representative of an automobile dealership who is using the Licensed Application pursuant to a Master Services Agreement or other written agreement with TAL, then in the event of any conflict between this EULA and the Master Services Agreement or other written agreement, the Master Services Agreement or other written agreement shall govern.
6.6 If TAL is prevented from performing its duties as a result of an event of force majeure, TAL’s failure to perform will not be considered a breach of this EULA, and its performance will be excused for the duration of the force majeure. An event of “force majeure” refers to an act of God, war, pandemic, natural disaster and other events beyond TAL’s reasonable control.
“Licensed Application” means this software application product, including all computer software, user interface, screens, screen prints, user output, reports, report format, report content, operating concepts, reflexes, patterns, processes, formulas, devices, compilations thereof, behaviors, internal logic, edits, data field content, data structure, integration to other programs, overall design and object code, and includes associated media, printed materials, and “online” or electronic documentation, and any future updates and supplements.
“Mobile Device” means any Apple iOS or Android based device.
“Services” means any services provides to YOU or accessed by YOU through use of the Licensed Application.
“Third Party Materials” mean content, data, information, applications or materials from third parties.