WEBSITE, WEBSITE SERVICES, AND RELATED SOFTWARE
Last Updated: November 30, 2016
The following describes Xevo’s requirements for using our websites, website services, and software related to, downloadable at, or otherwise accessible in connection with our websites:
- You agree to provide accurate information.
- You agree to use our services in an ethical, responsible, and lawful manner.
- You are responsible for your password and user identification (or ID), and you acknowledge that it is solely your responsibility to maintain the confidentiality of your password and user ID and keep track of who is using your account.
- Xevo respects intellectual property rights, requires our users to do the same, and has a mechanism in place to respond to the concerns of copyright holders.
Please read the complete agreement that follows:
XEVO, UIEVOLUTION, UIENGINE, UIE, the UIE logo, EXPERIENCEMANAGER, UIEXPERIENCE, CLOUDCONNECT, and other Xevo brands, graphics, logos, page headers, button icons, scripts and service names used on the Site and in connection with the Software and Services are registered and unregistered trademarks or trade dress of Xevo Inc. Any trademarks not owned by Xevo Inc. that appear on the Site or the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Xevo Inc. All content and compilation thereof on the Site or the Software, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and the Software, is the property of Xevo Inc., its licensors, or its product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
Subject to the terms of this Agreement, we grant to you a limited, personal, non exclusive, non transferable license to install and use one copy of the Software on an unlimited number of personal computers, mobile phones, mobile entertainment devices, and other compatible devices solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Software is protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software; (b) rent, lease, or sublicense the Software; nor (c) circumvent or disable any security or technological features or measures in the Software.
When you post or submit Public Content, you hereby grant (or warrant that the owner of the Public Content grants) us and each user of the Site or the Services a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Public Content for any purpose and without acknowledgement to you. When you post or submit Private Content, you hereby grant (or warrant that the owner of the Private Content grants) us and each user of the Site or the Services designated by you a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Private Content for any purpose and without acknowledgement to you.
USAGE GUIDELINES AND RESTRICTIONS
The Services are for the personal use of members. You agree not to use the Site, the Software, or the Services to:
- upload, post, e-mail, or otherwise transmit any Public Content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, e-mail addresses, and URLs) without permission from the owner of such information, or any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way or post Public Content that in any way refers to person(s) under 18 years of age;
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- upload, post, e-mail, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, e-mail, or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, links, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
- upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services, the Software, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other users;
- use any automated means to access the Site, the Software, or the Services or collect any information from the Site or the Services (including, without limitation, robots, spiders, or scripts); or
- frame the Site or the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
AUTOMATIC FEATURES OF THE SOFTWARE
The Software may contain a feature that allows the Software to automatically update itself to incorporate new versions of the Software. If you interrupt or disable this feature, your copy of the Software may not operate correctly. The Software may contain a feature that is used to automatically disable the Software to ensure that you do not use the Software longer than the term of your license to use the Software or your subscription to use the Services. You acknowledge that upon the expiration of your license to use the Software, and if Xevo has not granted you an extension, the Software may cease to function in some or all respects, and you may lose access to the Services and data made with or stored using the Software. You acknowledge that the disabling of the Software is a key feature of the license rights and responsibilities conveyed under this Agreement.
FEEDBACK AND SUGGESTIONS
Xevo (and, to the extent applicable, its licensors) owns and shall retain all right, title, and interest in and to any ideas, opinions, comments, or suggestions that you submit to Xevo, its affiliates, its agents, or its representatives in any form or format (including, but not limited to, e mail, telephone, facsimile, regular mail, text messages, and chat room discussions) and in any context in which it is apparent that Xevo may use such ideas, opinion, comments, or suggestions to improve the Site, the Software, or the Services or any other product or service offered by UIEvolution to its customers.
DISCLAIMERS OF WARRANTIES
The Site, the Services (including all Content), and the Software are provided “as is”; Xevo makes no representations or warranties of any kind with respect to the Software, the Services, the Content, the Site, or any contents therein. Xevo assumes no liability or responsibility for any errors or omissions in providing the Software, the Services, the Site, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. XEVO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SOFTWARE, THE SERVICES, THE CONTENT, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT. In addition, Xevo does not represent or warrant that the information on or accessible via the Site or through the Services is complete or current.
The Site, the Services (including all Content), and the Software are provided “as is”; Xevo makes no representations or warranties of any kind with respect to the software, the Services, the Content, the Site, or any contents therein. Xevo assumes no liability or responsibility for any errors or omissions in providing the Software, the Services, the Site, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. XEVO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SOFTWARE, THE SERVICES, THE CONTENT, THE SITE, AND THE CONTENT OF ANY SITES LINKED TO THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURRACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE, THE SERVICES, THE SITE, OR THE CONTENT, (C) ANY UNATHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. XEVO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UIEVOUTION WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU A THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. In addition, Xevo does not represent or warrant that the information on or accessible via the Site or through the Services is complete or current.
LIMITATIONS ON LIABILITY
YOU SPECIFICALLY ACKNOWLEDGE THAT XEVO SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site is controlled and offered by Xevo from its facilities in the United States. Xevo makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
LINKS AND ADVERTISING
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. XEVO IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
GOVERNING LAW AND ARBITRATION
In the event that you have a dispute with one or more users of the Site or the Services, you release Xevo and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
CLAIMS OF COPYRIGHT INFRINGEMENT
Xevo respects the intellectual property rights of others, and requires that the people who use the Software, the Site and the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on the Site or the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- your name, address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 (“DMCA”) is:
11332 NE 122nd Way, Suite 300
Kirkland, WA 98034
Attn: Copyright Infringement
After receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days.
Unless our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site or the Services, we will replace the removed material and cease disabling access to it.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found and that you will accept service of process from the person who provided the initial notification of infringement.
You may not export or re-export the Software without (a) the prior written consent of Xevo; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.