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This End User License Agreement (“EULA”) is a contract between you and Cielo WiGle Inc., a Delaware corporation (“Cielo” or “we” or “us” or “our”) and applies to the use of the Cielo mobile applications (the “Software”). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE CIELO MOBILE APPLICATIONS, IN WHICH CASE YOU MAY CHOOSE TO PROMPTLY RETURN THE CIELO PRODUCT TO THE ADDRESS BELOW FOR A REFUND OF YOUR PURCHASE PRICE. The terms of this EULA govern the use of the Cielo mobile applications in connection with the Cielo product by you or by your authorized agents, employees, or users to whom you have granted access to receive and/or control the Cielo product (the “Additional Users”).
You may not modify this EULA by making any typed, handwritten, or any other changes to it for any purpose. You acknowledge that you are accepting this EULA on behalf of all persons who use the Software, including your Additional Users, and that you shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this EULA and any applicable Cielo policies.
THIS EULA CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IT INCLUDES: VARIOUS LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY TO YOU, YOUR INDEMNITY OF US, AND DISPUTE RESOLUTION PROVISIONS THAT GOVERN HOW DISPUTES WILL BE RESOLVED.
IF YOU ARE ENTERING INTO THIS EULA ON BEHALF OF AN AUTHORIZED USER, ADDITIONAL USER, A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT INDIVIDUAL, ENTITY, AND ITS AFFILIATES TO THIS EULA, IN WHICH CASE THE TERMS “YOU” OR “YOUR” IN THIS EULA WILL REFER TO THAT INDIVIDUAL OR ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH ANY PART OF THIS EULA, YOU MUST NOT ACCEPT THIS EULA AND MAY NOT USE THE SOFTWARE.
The license granted to you for this Software by Cielo is a non-transferable, non-exclusive license to use the Software on a Cielo product that you own, access, or control, and as permitted by the usage rules set forth for your Cielo product. All rights not expressly granted to you by this EULA are hereby reserved by Cielo.
This EULA and the license granted hereunder are effective on the date you first use Software or the Cielo product and shall continue for as long as you own the Cielo product, unless Cielo terminates this license under this Section. Cielo may terminate this EULA at any time if you fail to comply with the terms hereof. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Cielo product(s); provided, however, that the terms of Sections 3 through 16 will remain in effect after termination.
You must be 18 years old and a resident of the United States of America, Canada or Mexico to use the Software.
You may not, and you will not permit others to, rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the Software or use the Software for any purpose beyond the Scope described in Section 1. You may not, and you will not permit others to, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software. Any attempt to do so, including any alteration of any proprietary notices, is a violation of the rights of Cielo and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
The Software may automatically download and install updates from Cielo from time to time. These updates are designed to further develop and improve the Software and may take the form of patches, bug fixes, new or enhanced functions, and other modifications to improve performance. You agree to receive such updates (and permit Cielo to deliver these to you) as well as to install such updates as part of your use of the Software.
The Software and all information, documents, and materials available on or through the Software are protected by trademark, copyright and other intellectual property laws, and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “Marks”) of Cielo are and shall remain the exclusive property of Cielo. Nothing in this EULA shall grant you the right or license to use any of the Marks. By using the Software, you grant Cielo a non-revocable license to use or incorporate feedback received into Cielo products or otherwise communicated by you to Cielo.
In the event of any third-party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, neither Apple (if you downloaded the Software to an Apple iOS device) nor Google (if you downloaded the Software to a device with the Android operating system), will be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.
You understand that devices used to access the Cielo mobile application(s) or alerts will rely on commercially available wireless networks such as, but not limited to, 5G, 4G LTE, 4G, CDMA, GSM (“Wireless Networks”) and that actual signal availability may depend on a combination of the third party wireless network carriers and availability of and actions of roaming partners, and that factors outside of Cielo’s control, such as weather, buildings, topography, usage, or maintenance activities of wireless network providers may limit or interrupt the Software or alerts. Cielo is not responsible for interruption or limitation of the Cielo mobile application related to issues with Wireless Networks.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CIELO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CIELO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CIELO OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CIELO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT THAT THE ORIGINAL PURCHASER PAID FOR THE CIELO PRODUCT(S). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all the exclusions or limitations set out in this EULA may not apply to you, and you may have additional rights.
YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS CIELO AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS) INCURRED BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF THE FOLLOWING USE OF THE SOFTWARE BY YOU AND/OR ANY OF YOUR ADDITIONAL USERS (I) MISUSE OF THE SERVICE; (II) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY COPYRIGHT, PATENT TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM MISUSE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; (III) BREACH OF ANY PROVISION OF THIS EULA OR ANY OF THE APPLICABLE CIELO TERMS OR POLICIES BY YOU OR ANY OTHER USER OR AUTHORIZED USER; (IV) ACCOUNT ACCESS OR ACTIVITY DUE TO FAILURE TO PROTECT LOG-ON CREDENTIALS; AND (V) ANY CAUSE OF ACTION BY ANY OF YOUR ADDITIONAL USERS, INCLUDING ANY AND ALL ALLEGATIONS, SUITS, CLAIMS AND PROCEEDINGS (INCLUDING REASONABLE ATTORNEYS’ AND PROFESSIONAL FEES) (COLLECTIVELY, “CLAIMS”) AND ALL RELATED DAMAGES INCURRED BY YOU OR CIELO AS A RESULT OF OR ARISING FROM YOUR ADDITIONAL USER’S BREACH OR ALLEGED BREACH. IT IS UNDERSTOOD AND AGREED THAT YOU THE CUSTOMER ASSUME FULL LIABILITY FOR A BREACH BY ANY OF YOUR ADDITIONAL USERS OF THIS EULA AND CIELO SHALL HAVE NO LIABILITY FOR ANY MISUSE OF THE SOFTWARE OR OTHER ACTION BY ANY AUTHORIZED USER OR ANY OF YOUR AFFILIATES, SUPPLIERS OR AGENTS.
You acknowledge and agree that Cielo, and not Apple (if you downloaded the Software to an Apple iOS device) or Google (if you downloaded the Software to a device with the Android operating system), is responsible for addressing any claims by you or by any third party relating to the Software or your possession and/or use of that Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You must notify Cielo if you have, or are aware that any third party has, any such claims. Apple and Google have no responsibility to address any such claims. The limitations of Apple’s and Google’s liability under this EULA are subject to what is permitted by applicable law.
You may not export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or named on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear missiles or chemical or biological weapons.
You must comply with all third-party terms of agreement that are applicable to your use of the Software, including terms of agreement relating to the device on which you download the Software.
If you are using the Software on an Apple iOS device or on a Google Android device, you agree that Apple and Apple’s subsidiaries and Google and Google’s subsidiaries are third party beneficiaries of this EULA and, upon your acceptance of the terms and conditions of this EULA, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
You agree that your rights and obligations under this EULA are not assignable. We may freely assign our rights and obligations under this EULA in our sole discretion, without notice to you. This EULA shall bind and inure to the benefit of the parties and their successors and permitted assigns. Both parties are acting as independent contractors with respect to the activities hereunder.
IN CONNECTION WITH YOUR USE OF THE SOFTWARE AND CIELO PRODUCT, STANDARD DATA FEES AND TEXT MESSAGING RATES MAY APPLY BASED ON YOUR PLAN WITH YOUR INTERNET AND/OR MOBILE PHONE CARRIER.
This EULA and any other documents incorporated by reference constitute the entire agreement and understanding between the parties with respect to the subject matter of this EULA, and they replace any and all prior written or verbal agreements. If any portion of this EULA is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If Cielo fails to insist upon or enforce strict performance of any provision of this EULA, it shall not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this EULA. The language of this EULA shall be construed as a whole, according to its fair meaning and intent, and not strictly for or against either party, regardless of who drafted or was principally responsible for drafting this or any specific term or conditions hereof.
This EULA and any claim, dispute, action or cause of action relating to this EULA will be governed by the laws of the State of Washington, without giving effect to any conflict of laws principles that require the application of the laws of a different jurisdiction.
Please contact us at the information below for customer support. Cielo is solely responsible for providing maintenance and support services for the Software. Third party operating system providers such as Apple and Google have no obligation to provide maintenance or support services for the Software.
Contact Address of Cielo:
Customer Support Team
7901 168th Ave NE
Redmond, WA, 98052
Telephone: +1 425 529 5775