End User License Agreement (EULA)

This End User License Agreement ("EULA") is a legal agreement between you and Offroad Buddy ("Application Provider") for the Offroad Buddy mobile application ("Licensed Application"). By downloading or using the Licensed Application, you agree to these terms.

This EULA supplements our Terms of Service and Privacy Policy.

a. Scope of License

The Application Provider grants you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application on any Apple-branded device that you own or control as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

You may not:

• Distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time
• Rent, lease, lend, sell, redistribute, or sublicense the Licensed Application
• Copy, decompile, reverse-engineer, disassemble, or create derivative works of the Licensed Application, except as permitted by applicable law

b. Consent to Use of Data

You agree that the Application Provider may collect and use technical data and related information—including but not limited to technical information about your 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 related to the Licensed Application. The Application Provider may use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

c. Termination

This EULA is effective until terminated by you or the Application Provider. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services

The Licensed Application may enable access to the Application Provider's and/or third-party services and websites (collectively, "External Services"). You agree to use the External Services at your sole risk. The Application Provider is not responsible for examining or evaluating the content or accuracy of any third-party External Services.

The Application Provider reserves the right to change, suspend, remove, disable, or impose access restrictions on any External Services at any time without notice.

e. No Warranty

THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS.

f. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED. IN NO EVENT SHALL THE APPLICATION PROVIDER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).

h. Export Restrictions

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. The Licensed Application may not be exported or re-exported to any U.S.-embargoed countries or to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons's List or Entity List.

i. U.S. Government End Users

The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.

j. Governing Law

This EULA is governed by the laws of the State of California, excluding its conflicts of law principles. For consumers habitually resident in the European Union, Switzerland, Norway, or Iceland, the mandatory consumer protection laws of your home jurisdiction may also apply.

k. Apple App Store Terms

The following terms apply to users who download the Licensed Application from the Apple App Store:

• This EULA is between you and the Application Provider only, and not with Apple. Apple is not responsible for the Licensed Application or its content.
• Apple has no obligation to furnish any maintenance and support services with respect to the Licensed Application.
• In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application. Apple has no other warranty obligation with respect to the Licensed Application.
• Apple is not responsible for addressing any claims by you or any third party relating to the Licensed Application, including product liability claims, claims that the Licensed Application fails to conform to legal requirements, or claims arising under consumer protection laws.
• In the event of any third-party claim that the Licensed Application infringes that third party's intellectual property rights, the Application Provider, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance, Apple will have the right to enforce this EULA against you as a third-party beneficiary.

l. Contact Information

For questions about this EULA, please visit: offroadbuddy.com