License Agreement

Ice Report Copyright 2021 Split Rock Software LLC *** END USER LICENSE AGREEMENT *** IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. 1. LICENSE By installing and/or using Ice Report ("Software") containing this software, you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. You acknowledge that this EULA is between Split Rock Software and you only, and not with Apple. Split Rock Software is soley responsible for the Licensed Application and content thereof. Your use of Ice Report indicates your acceptance of this license agreement and warranty. Subject to the terms of this Agreement, Split Rock Software grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Ice Report in accordance with this Agreement and any other written agreement with Split Rock Software. Split Rock Software does not transfer the title of Ice Report to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Split Rock Software and the purchasers or users of Ice Report. If you do not agree to be bound by this agreement, remove Ice Report from your device. 2. DISTRIBUTION AND SCOPE OF LICENSE Ice Report and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. The license granted to you as an Apple user for Ice Report is a non-transferable license to be used on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. 3. USER AGREEMENT 3.1 Use Your license to use Ice Report is limited to the number of licenses purchased by you and installed on devices owned and controlled by You. You shall not allow others to use, copy or evaluate copies of Ice Report. By using this software you understand that some features rely on location services and that misuse/user error can expose your physical location and in no way hold Split Rock Software responsible this data being shared to other users of the App. It is your responsibility to remove erroneous reports. Contact Split Rock Software immediately for instruction to remove unwanted reports. 3.2 User Representations By using the Application, you represent and warrant that: (1) all registration and ice report information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the App; (6) you will not access the Application through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Application for any illegal or unauthorized purpose; and (8) your use of the Application will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application(or any portion thereof). 3.3 Use Restrictions You shall use Ice Report in compliance with all applicable laws and not for any unlawful purpose. You may not access or use the Application for any purpose other than that for which we make the Application available. The Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Application, you agree not to: Systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Make any unauthorized use of the Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. Use a buying agent or purchasing agent to make purchases on the Application. Use the Application to advertise or offer to sell goods and services. Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein. Engage in unauthorized framing of or linking to the Application. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; Make improper use of our support services or submit false reports of abuse or misconduct. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application. Attempt to impersonate another user or person or use the username of another user. Sell or otherwise transfer your profile. Use any information obtained from the Application in order to harass, abuse, or harm another person. Use the Application as part of any effort to compete with us or otherwise use the Application and/or the Content for any revenue-generating endeavor or commercial enterprise. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application. Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you. Delete the copyright or other proprietary rights notice from any Content. Copy or adapt the Application’s software. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application. 3.4 Copyright Restriction This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Ice Report. Nor can you create any derivative works or other works that are based upon or derived from Ice Report in whole or in part. Split Rock Software's name, logo and graphics file that represents Ice Report shall not be used in any way to promote products developed with Ice Report. Split Rock Software retains sole and exclusive ownership of all right, title and interest in and to Ice Report and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Ice Report, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Split Rock Software. 3.5 Third Party Software The Application may utilize or include third party software (Third Party Software) that is subject to open source and third party license terms. You acknowledge and agree that Your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software. 3.6 Third Party Content You understand that by accessing and using Third Party Content in this Application that You may encounter information, materials and subject matter that You or others may deem offensive, indecent, or objectionable. You agree to use the Third Party Content at Your sole risk and that Split Rock Software and it's affiliates shall have no liability to You for information, material, or subject matter that is found to be offensive, indecent, or objectionable. 3.7 Limitation of Responsibility You will indemnify, hold harmless, and defend Split Rock Software , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Split Rock Software's Software. In no event (including, without limitation, in the event of negligence) will Split Rock Software, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Ice Report or the use or inability to use Ice Report or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. 3.8 Maintenance and Support Maintenance and support services, if any, will be provided solely by Split Rock Software. Split Rock Software and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Ice Report. 3.9 Warranties Except as expressly stated in writing, Split Rock Software makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose. In the event of any failure of Ice Report to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Ice Report to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Ice Report, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the sole responsibility of Split Rock Software. 3.10 Product Claims Claims from you or any third party relating to Ice Report or the end- user’s possession and/or use of Ice Report, including, but not limited to: (1) product liability claims; (2) any claim that the Ice Report fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy, or similar legislation are the responsibility of Split Rock Software and not Apple. 3.11 Intellectual Property Rights In the event of any third party claim that Ice Report or your possession and use of Ice Report infringes that third party’s intellectual property rights, Split Rock Software, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 3.12 Legal Compliance You must represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. 3.13 Governing Law This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions. 3.14 Termination These Terms of Use shall remain in full force and effect while you use the Application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, Split Rock Software RESERVES THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. Split Rock Software MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 3.15 Modifications and Interruptions We reserve the right to change, modify, or remove the contents of the Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Application. We also reserve the right to modify or discontinue all or part of the Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application. We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection therewith. 4. DISCLAIMER OF WARRANTY THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Ice Report AS WELL. 5. CONSENT OF USE OF DATA By using Ice Report you agree to forfeit ownership or rights to any data submitted to Split Rock Software while using Ice Report and consent to making the submitted data public to other users of Ice Report. You agree that Split Rock Software may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Ice Report. Split Rock Software may also use this information to provide notices to you which may be of use or interest to you. 6. PREMIUM SERVICES; PURCHASES 6.1 Premium Services Certain Services, such as Premium Supporter may be available only through creation of a User Account and payment of a fee (“Premium Services”). Through such accounts, You will have access to such Premium Services for a fixed term, which will automatically renew. The term, renewal period, and the total cost are shown where the Premium Services are offered. 6.2 Premium Services Automatically Renew PREMIUM SERVICES AUTOMATICALLY RENEW CONTINUOUSLY AT THE END OF YOUR SUBSCRIPTION PERIOD, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT RENEWAL PRICE (PLUS APPLICABLE TAXES) AUTOMATICALLY, WITHOUT ANY ADDITIONAL ACTION BY YOU. YOU ACKNOWLEDGE AND AGREE THAT THE PREMIUM SERVICES AUTOMATICALLY RENEW UNLESS YOU CANCEL THEM OR WE SUSPEND OR TERMINATE THEM IN ACCORDANCE WITH THIS AGREEMENT. 6.3 Cancellation Policy YOU MAY CANCEL YOUR PREMIUM SERVICES AT ANY TIME, SUBJECT TO THE TERMS OF THIS AGREEMENT. IN ORDER TO CANCEL, YOU MUST FOLLOW THE INSTRUCTIONS GIVEN BY YOUR BILLING PLATFORM (Google or Apple). THERE ARE NO CANCELLATION FEES. INSTRUCTIONS FOR CANCELLING PREMIUM SERVICES MAY BE OBTAINED BY EMAIL REQUEST Split Rock Software. 6.4 Payments are Non-refundable Any and all payments made to Split Rock Software are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due. 7. CONTACT Any questions, complaints or claims with respect to Ice Report should be directed to Split Rock Software LLC 13145 94th St SE BECKER, Minnesota 55308. Phone 612-685-4067 or email icereportapp@gmail.com.