Suunto APP End User License Agreement
This is a binding Suunto APP End-user License Agreement (“Agreement) between You and Suunto
You agree and acknowledge that Suunto APPs have been created by third parties who are end users like you, and not necessarily professional code developers. Consequently Suunto APPs do not undergo the same quality control as other Suunto products or software in general. YOU SHOULD NOT RELY ON THE SUUNTO APPS IN SITUATIONS WHERE LIFE MAY BE AT RISK OR WHERE ISSUES CAN ARISE IF THE APP DOES NOT WORK AS EXPECTED. ALWAYS USE BACK UP DEVICES; MAPS, SOFTWARE AND TOOLS. ALSO, PLEASE NOTE THAT THE APPS DO SHOULD NOT BE USED FOR MEDICAL PURPOSES. PLEASE NOTE THAT SUUNTO APPS ARE NOT UNDER THE PRODUCT WARRANTY APPLICABLE FOR SUUNTO PRODUCTS. LICENSE GRANT
The license granted to You for the Suunto APP by Suunto and its licensors is a limited. non-transferable license to use the Suunto APP only on compatible Suunto devices or software (as determined by Suunto). You may not distribute or make the Suunto APP available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Suunto APP (except as part of your Suunto product or software). You may not copy (except as expressly permitted by this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Suunto APP, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Suunto APP). The terms of the license will also govern any updates or upgrades provided by Suunto and its licensors. INTELLECTUAL PROPERTY RIGHTS OWNERSHIP
You acknowledge that the Suunto APP is proprietary to Suunto and its licensors, All Suunto App(s) are protected under international copyright and intellectual property rights law and international treaties. You further acknowledge and agree that, as between you and Suunto, Suunto and its licensors own and shall continue to own all right, title, and interest in and to the Suunto APP, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. This Agreement does not grant you any ownership interest in or to the Suunto APP, but only a limited right of use that is revocable in accordance with the terms of this Agreement. Any and all trademarks or service marks that Suunto uses in connection with the Suunto APP remain with Suunto. AVAILABILITY / REMOVING SUUNTO APPS. Suunto does not promise the availability of any Suunto APP. Suunto shall have at all times an unrestricted unilateral right to take down, remove, cancel or modify, or stop distributing, without penalty, any Suunto APP. No notice will be provided to You in such situation. DISCLAIMER, LIMITATION OF LIABILITY
DISCLAIMER OF WARRANTY. SUUNTO PROVIDES THE SUUNTO APP "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING THE SUUNTO APP. TO THE EXTENT PERMITTED BY LOCAL LAW, SUUNTO EXCLUDES ANY IMPLIED AND EXPRESS WARRANTIES OR CONDITIONS, INCLUDING THOSE OF PRODUCT LIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT RELATING TO THE SUUNTO APP.
LIMITATION OF LIABILITY. SUUNTO EXCLUDES ALL LIABILITY TO THE EXTENT POSSIBLE UNDER APPLICABLE LAW. TO THE EXTENT SUCH EXCLUSION IS NOT VALID DUE TO MANDATORY LAW, YOU CAN RECOVER FROM SUUNTO ONLY DIRECT DAMAGES UP TO TEN EUROS(10 EUROS) YOU AGREE NOT TO SEEK AND WAIVE ANY RIGHT TO RECOVER ANY OTHER LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, LOST PROFITS, PROCUREMENT OF REPLACEMENT GOODS OR SERVICES, SPECIAL, INDIRECT, PUNITIVE OR INCIDENTAL DAMAGES. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF SUUNTO KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU BECAUSE YOUR STATE OR COUNTRY MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES.
This Agreement will remain in effect until terminated. Suunto may terminate this agreement at any time for any reason or no reason, upon at least sixty (60) days’ written notice. Either party may terminate this agreement in the event of an uncured material breach of this agreement by the other. BASIS OF BARGAIN
Suunto and its licensors would not be able to provide the Suunto APP on an economic basis without the limitations on liability and warranty in this Agreement. Such Limited Warranty and Disclaimer and Indemnification inure to the benefit of Suunto and its licensors. CHOICE OF LAW AND ARBITRATION
Except where prohibited by applicable law or provided otherwise herein, the Terms shall be governed by the laws of Finland without regard to its conflict of law provisions.
If you are a US resident the following paragraph shall apply:
The Terms shall be governed by the laws of New York without regard to its conflicts of law provisions. Any dispute relating to these Terms or the Service shall be submitted to binding arbitration in Manhattan, New York within eighteen (18) months of the date the facts giving rise to the suit were known, or should have been known, by the complainant, except that Suunto may seek injunctive or other relief if you have violated or threatened to violate any intellectual property rights. All matters relating to arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §1 et. seq.). Arbitration shall be conducted by a single arbitrator under the then prevailing Arbitration Rules of the American Arbitration Association ("AAA"), Each party must submit any claim which would constitute a compulsory counterclaim in litigation or such claim shall be barred. No award of exemplary, special, consequential or punitive damages shall be permitted. The losing party, as determined by the arbitrator, shall pay the arbitration fees. The arbitrator's award shall be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. Arbitration shall be conducted on an individual, not class-wide basis, and no arbitration shall be joined with an arbitration involving any other person or entity. VALIDITY
Suunto reserves the right to modify the Agreement at any time without prior notice. If the Agreement is changed in a material, adverse way, Suunto will provide a separate prior notice advising of such change. SEVERABILITY
If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. QUESTIONS AND COMMENTS
All questions, comments, notification or enquiries under this Agreement should be directed to Suunto. Contacts can be found in http://www.movescount.com/faq
Copyright © 2012 Suunto® All rights reserved.