The products transacted through the service are licensed, not sold, to you, the end user, for use only in terms of this license, except as accompanied by a separate license agreement (if applicable) and subject to your acceptance of that separate license agreement. The licensor (“Teneo Media, LLC” or “Application Provider”) reserves all rights not expressly granted to you. The product that is subject to this license is referred to in this license as “Application” or “RISE App”.
- Licensee Grant. Provided you have paid the applicable charges as required by Apple, Inc., this license grants you the non-exclusive right to download and use the RISE App which contains Teneo Media, LLC. software. By downloading the Application containing the Teneo Media, LLC. software, you agree to be bound by the following terms and conditions. You may only use this Application on your Apple iPhone or other Apple branded device that supports this Application. You have no right to sub-license the Teneo Media, LLC. software. You agree that your non-exclusive license will terminate if you violate any of the following terms and conditions.
- Restrictions on Use. You agree that, except as otherwise provided herein, only Teneo Media, LLC.has the right to maintain, enhance or otherwise modify the Application software. You have no right to any source code for the Application software. You agree that you shall not cause or permit the modification of reverse engineering of the software or otherwise attempt to gain access to the source code to the software.
- Use of Information. The content provided by the Application is owned and protected by applicable intellectual property and other laws, including but not limited to copyright, and you agree that you will not use such proprietary information or content in any way whatsoever except for the permitted use provided herein. Teneo Media, LLC. reserves the right to change, suspend, remove or disable access to the content at any time with, or without, notice.
- Intended Use of Application. The content, data and reported conditions provided by the Application is solely for informational purposes, and not intended to aid, support or substitute for maritime navigational charts, tables, maps or related information for the operation of water craft, motorized or otherwise.
B. Termination. This license will be in effect until terminated. It shall terminate automatically if you fail to comply with the terms and conditions of this license. Upon termination of this license, you shall cease all use of the Application and Teneo Media, LLC. software.
- Title. Teneo Media, LLC. owns and retains all proprietary rights, including patent, copyright, trade secret, trademark and other intellectual property rights, in and to the Teneo Media, LLC. software and any corrections, bug fixes, enhancements, updates of other modifications to the software created by Teneo Media, LLC. You acknowledge that the license granted under this agreement grants you the right to use the Teneo Media, LLC. software for your own personal use only, and does not provide you with title to or ownership of the Teneo Media, LLC. software, but only a right under the terms and conditions of this license. You will not knowingly take action that would subject Teneo Media, LLC. to claims, leins or other encumbrances.
- Transfers. Except as otherwise provided in this license, under no circumstances shall you sell, license, sub-license, publish, display, distribute, assign or otherwise transfer to a third party the Teneo Media, LLC. software or any copy thereof, in whole or in part, without Teneo Media, LLC’s prior written consent.
- 1. Sole Remedy. If the Teneo Media, LLC. software contains any bugs or material defects, Teneo Media, LLC. will, at its sole option, provide a free update that will correct the bug or defect, or replace the software. This will be the only remedy available to you as a result of any such bug or defect.
- 2. Disclaimer of Any Other Warranty. THE TENEO MEDIA, LLC SOFTWARE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. TENEO MEDIA, LLC. PROVIDES NO WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, OR OTHER ACCOMPANYING MATERIAL. TENEO MEDIA, LLC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TENEO MEDIA, LLC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE RELIABILITY OF THE INFORMATION PROVIDED IN THE APPLICATION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD THE TENEO MEDIA, LLC. SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY REPONSIBLE FOR ANY DAMAGES TO ANY ELECTRIC OR OTHER DEVICE UTILIZING THE SOFTWARE. SOME JUSISDICTIONS DO NOT ALLOW FOR THE WAIVER OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
E. Limitation of Liability. IN NO EVENT SHALL TENEO MEDIA, LLC’S LIABILITY UNDER THIS AGREEMENT FOR DAMAGES EXCEED THE AMOUNT PAID TO TENEO MEDIA, LLC. BY THE CUSTOMER PURSUANT TO THIS AGREEMENT. CUSTOMER FURTHER AGREES THAT, EXCEPT AS PROVIDED ABOVE, TENEO MEDIA, LLC. WILL NOT BE LIABLE FOR AY LOST PROFITS, LOSS OF DATA, OR COSTS OF PROCUREMENT FOR SUBSTITUTE GOODS OR SERVICES, OR FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY. IN NO EVENT WILL TENEO MEDIA, LLC. BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING USER NEGLIGENCE), EVEN IF TENEO MEDIA, LLC. HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE AMOUNTS PAYABLE HEREUNDER ARE BASED IN PART OF THESE LIMITATIONS AND FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED LIABILITY. IN NO CASE WILL TENEO MEDIA, LLC. BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS CONTROL.
F. Changes in Terms and Conditions. Teneo Media, LLC. may modify or terminate its service from time to time, for any reason and without notice, including the right to permanently terminate with or without notice.
G. Entire Agreement. This license constitutes the entire agreement between you and Teneo Media, LLC. with respect to your use of Teneo Media, LLC. software and supersedes any and all prior agreements or understandings regarding the subject matter herein. No amendment or modification of this license will be effective unless it is in a writing published or signed by Teneo Media, LLC.
H. Governing Law and Venue. This license shall in all respects be governed by the laws of the State of North Carolina, without reference to its principles of conflicts of laws. The exclusive venue for any dispute arising from this license shall be the state or federal courts located in Wake Country, North Carolina. You specifically consent to be subject to the personal jurisdiction of such courts.
I. Severability. Should any provision of this license agreement be found to be unenforceable or not applicable, this will not render the remaining agreement provisions invalid.