Last Updated: 9/16/14
APS Resource is committed to protecting the privacy of our users. We want to provide a safe, secure user experience. We will use our best efforts to ensure that the information you submit to us remains private, and is used only for the purposes as set forth herein.
The Following Reflects Our Commitment To You
This notice applies to all information collected or submitted via the apsresource.com website or any of our mobile applications (collectively, our “Services”).
Use and Sharing of Information
Cookies and Device Information
APSRESOURCE.COM has an area on the site where you can submit feedback. Any feedback that is submitted through this area becomes the property of APSRESOURCE.COM. We may use this feedback, such as success stories, for marketing purposes, or to contact you for further feedback on the site.
Privacy Commitment Changes
If we decide to change our privacy commitment for our Services, we will post those changes to our web site and update the date at the top of this policy so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone.
End User License Agreement (EULA)
PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR USING THE 4FRONT SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE 4FRONT SOFTWARE.
This End User License Agreement (“Agreement”) is an agreement between 4Front Engineered Solutions, Inc. (“4Front,” “we,” “us” or “our”) and you or the entity that you represent. This Agreement applies to and governs your access to and use of any mobile application of 4Front (the “4Front Software”). If you are accessing or using the 4Front Software on behalf of any entity, you represent and warrant that you are authorized to accept this agreement on such entity’s behalf, and that such entity will be responsible for your access and use of the 4Front Software.
1. 4Front Software License
Subject to the terms and conditions of this Agreement, we grant you, during the term of this Agreement, a non-exclusive, non-sublicensable, non-transferable, revocable license to install and use one copy of the 4Front Software in object code form only on a single personal device solely to use the services made available by 4Front via the 4Front Software (the “4Front Services”) for your own personal or internal business use (the “Permitted Purpose”). Any 4Front software that updates, supplements or replaces the original 4Front Software is governed by this Agreement unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this Agreement or as otherwise provided in such separate terms.
2. License Limitations
Section 1 states the entirety of your rights with respect to the 4Front Software, and we reserve all rights not expressly granted to you in this Agreement. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (a) distribute, license, sell or otherwise transfer the 4Front Software; (b) use the 4Front Software for any purpose other than the Permitted Purpose; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover or re-create the source code for the 4Front Software; (d) modify, adapt, alter, improve or create any derivative works of the 4Front Software; (e) connect the 4Front Software with any other online services or use the 4Front Software in conjunction with other software or services not provided by or permitted by 4Front in connection with the 4Front Services; or (f) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the 4Front Software.
The 4Front Software is licensed, not sold, to you. We or our licensors own all right, title and interest in and to the 4Front Software, including all copyright, patent and other intellectual property or other proprietary rights in the 4Front Software. No title to or ownership of the 4Front Software or any associated intellectual property or proprietary rights are transferred to you by this Agreement.
THE 4FRONT SOFTWARE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 4FRONT AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 4FRONT DOES NOT REPRESENT OR WARRANT THAT THE 4FRONT SOFTWARE IS FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS OR THAT THE 4FRONT SOFTWARE WILL TRANSMIT DATA IN A SECURE MANNER.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last. To the extent that those laws apply to this Agreement, the exclusions and limitations set forth above may not apply.
You will defend, indemnify and hold harmless 4Front and its affiliates, independent contractors, service providers, suppliers, partners, resellers, distributors and consultants, and their respective directors, officers, employees and agents (collectively, the “4Front Parties”) from and against any third party claims, suits or actions and any resulting damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of, or inability to use, the 4Front Software; or (b) your violation of any terms of this Agreement.
6. Limitation of Liability
(a) IN NO EVENT SHALL ANY OF THE 4FRONT PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE 4FRONT SOFTWARE, EVEN IF A 4FRONT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent that those laws apply to this Agreement, the exclusions and limitations set forth above may not apply.
(b) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE 4FRONT PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE 4FRONT SOFTWARE EXCEED THE LESSER OF THE COMPENSATION YOU HAVE PAID, IF ANY, TO 4FRONT FOR THE 4FRONT SOFTWARE OR ONE HUNDRED U.S. DOLLARS ($100 USD).
4Front may terminate this Agreement at any time, with or without cause, immediately upon notice to you. 4Front may also discontinue the 4Front Services with which the 4Front Software is used, in which case this Agreement will terminate automatically without notice to you. You may terminate this Agreement by deleting all copies of the 4Front Software in your possession or control. In the event of the termination of this Agreement for any reason: (a) the license granted to you in this Agreement will terminate; (b) you must immediately cease all use of the 4Front Software and destroy or erase all copies of the 4Front Software in your possession or control; and (c) Sections 3 (Ownership), 4 (Disclaimers), 5 (Indemnification), 6 (Limitation of Liability), 7 (Termination), 8 (Feedback) 9 (Governing Law; Jurisdiction) and 10 (General) will survive any such termination.
Any information and feedback you provide (including, without limitation, questions, comments, suggestions, or the like) regarding the 4Front Software, 4Front Services or 4Front (“Feedback”) are non-confidential. You hereby grant to 4Front an exclusive, royalty-free, irrevocable, perpetual worldwide right and license to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute any such Feedback without limitation. Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including, without limitation, developing, making, marketing, distributing and selling products and services incorporating such Feedback. We will have no obligation to consider, use, return or preserve any Feedback you provide to us. Any Feedback you provide to us may or may not be treated confidentially by us, and we will have no obligation or liability to you for the use or disclosure of any Feedback. You should not to expect any compensation of any kind from us with respect to your Feedback.
9. Governing Law; Venue
This Agreement is governed by the laws of the State of Texas, without regard to any conflict of law principles to the contrary. You hereby irrevocably consent to jurisdiction of the state and federal courts located in Denton County, Texas with respect to any proceeding regarding this Agreement or the 4Front Software. You will not prosecute any action, suit, proceeding or claim arising under or by reason of this Agreement or the 4Front Software except in such courts. The Convention for the International Sale of Goods or any successor thereto does not apply to this Agreement.
(a) Legal Compliance; Export Restrictions. The 4Front Software and related technology are subject to applicable United States export laws and regulations. You must comply with all applicable laws and regulations, including without limitation all applicable United States and international export laws and regulations, with respect to the 4Front Software and related technology. You represent and warrant that (i) you are not located in a country that is subject to a United States embargo, or that has been designated by the United States government as a “terrorist supporting” country; and (ii) you are not listed on any United States government list of prohibited or restricted parties. Without limitation, you may not export, re-export or otherwise transfer the 4Front Software or related technology, without a United States government license: (i) to any person or entity on any United States export control list; (ii) to any country subject to a United States sanctions; or (iii) for any prohibited end use.
(b) U.S. Government License Rights. If acquired by any agency of the United States government, such agency acknowledges that (i) the 4Front Software constitutes “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-3, as applicable, and (ii) such agency’s rights are limited to those specifically granted pursuant to this Agreement.
(c) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.
(d) Assignment. You may not assign or otherwise transfer this Agreement, or assign, sublicense or otherwise transfer any of your rights under this Agreement, without the prior written consent of 4Front, and any attempted assignment without such consent will be void.
(e) Attorney’s Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and reasonable attorney’s fees.
(f) Entire Agreement. This Agreement sets forth our entire agreement with respect to the 4Front Software and supersedes all prior and contemporaneous understandings and agreements with respect to the 4Front Software whether written or oral.