Avian

General Terms Agreement

This agreement relates to software provided free of charge for the purposes of managing Wildlife Computer tags (“Software”).

1. General Terms Agreement
   • By using the Software of Wildlife Computers in any way, including using, transmitting, downloading or uploading the Software, you agree to these General Terms.
   • You may not use the Software, or accept the General Terms, if (i) you are not of legal age to form a binding contract with Wildlife Computers, or (ii) you are prohibited by law from receiving or using the Software, or (iii) you are using it in conjunction with data generated from any other manufacturer’s tags.
2. Use of Software
   • You agree to not use this Software for any commercial purpose, or to transfer it to anyone who intends to use it for a commercial purpose, without written permission from Wildlife Computers. For the purposes of this section, “commercial purpose” means the use of the software for a fee, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.
   • You agree to adhere to all limitations on dissemination, use and reproduction of any Software that you download, access, or receive from Wildlife Computers, regardless of whether there is any monetary amount paid for the Software.
   • Unless expressly agreed to by Wildlife Computers in writing elsewhere, Wildlife Computers has no obligation to store any materials that you upload, post, email, transmit or otherwise make available through your use of the Software. Wildlife Computers has no responsibility or liability for the deletion or accuracy of any materials, including your content, the failure to store, transmit or receive transmission of materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Software.
   • You agree to use the Software only for purposes that are permitted by the General Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or Software to and from the United States or other applicable countries) (“Law”). These General Terms specifically prohibit use of this Software in analyzing data from tags made by other manufacturers.
   • You agree not to access or attempt to access the Software by any means other than the interface provided by Wildlife Computers.
3. Ownership
   • The Software may be protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and/or other intellectual and proprietary rights (the “Intellectual Property Rights”). Except as expressly provided in the General Terms, Wildlife Computers does not grant any express or implied right to use the Software.
4. Use of Software
   • Any Software that is made available is the property of Wildlife Computers. You shall not use, download or install any Software unless you agree to the terms of this agreement.
5. User Conduct
   • You agree that you, not Wildlife Computers, are entirely responsible for all of your data that you compile, upload, post, email, transmit or otherwise make available to others including the public, whether publicly posted or privately transmitted. You assume all risks associated with use of your data, including any reliance on its accuracy, completeness or usefulness.
6. Disclaimer of Warranties. You expressly understand and agree that:
   • The Software is provided by Wildlife Computers “as is,” without warranty of any kind, expressed, implied, statutory or otherwise. All potential legal claims against Wildlife Computers arising from the use of the software are waived.
   • Wildlife Computers, specifically disclaims any liability with regard to any actions resulting from your use of the Software, you acknowledge use at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Wildlife Computers assumes no liability for any computer virus or similar code that is downloaded to your computer from the Software.
   • Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
7. Limitation of Liability
   • In no event shall Wildlife Computers, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Wildlife Computers has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the site, services or materials.
   • Some jurisdictions prohibit the exclusion or limitation of liability for incidental, consequential or punitive damages. Accordingly, the limitations and exclusions set forth above shall not apply in the event they are prohibited in the jurisdiction to which Wildlife Computers transacts business.