State of Florida 

 

 

 

END USER LICENSE AGREEMENT

Last Updated: March 1, 2019

 

This End-User License Agreement (this “EULA”) is a legal agreement between you (“Licensee”or “you”) and The Free Ride Inc., its affiliates and subsidiaries(“Licensor” or “TFR”), the author of The Free Ride Mobile Application, including all HTML files, XML files, Java files, graphics files, animation files, data files, technology, development tools, scripts and programs, both in object code and source code (the “App”), the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and “online” or electronic documentation.

 

Please read this EULA carefully before clicking the "Download" button, downloading or using The Free Ride Mobile Application.  

 

By clicking the "Download" button, downloading or using The Free Ride Mobile Application, you are agreeing to be bound by the terms and conditions of this EULA.If you do not agree to the terms and conditions of this EULA, do not click on the "Download" button and do not download or use The Free Ride Mobile Application. This EULA expressly supersedes any prior agreements or arrangements.

 

1. Binding Agreementand Revisions

This EULA constitutes a binding agreement between you and Licensor. You accept this EULA each time you access the App. If you do not accept this EULA, you must not use the App.  Licensor may revise this EULA at any time by posting an updated version. Your continued use of the App after a change to this EULA constitutes binding acceptance of the revised EULA. 

 

2. Grant of License. Subject to the terms of this EULA, Licensorgrants you i) a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to download, access and use the App on your personal device for your personal, noncommercial use and ii) access and use any Licensor content, information and related materials that may be made available through the App, in each case solely for your personal and noncommercial use. 

 

3. Eligibility to Use the App

No part of the App is directed to persons under the age of 18. If you are under 18 years of age, please do not download, use or access the App at any time or in any manner. 

 

4. Intellectual Property

a.    The contents of the App include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Licensor content (collectively, “TFR Content”). All TFR Content and the compilation (meaning the collection, arrangement, and assembly) of all TFR Content are the property of TFR or its licensors and are protected under copyright, trademark, and other laws.

b.    Unauthorized use of TFR Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original TFR Content.

c.    Licensor Marks. TFR, TFR logo, and other TFR logos and product and service names are or may be trademarks of TFR (“TFR Marks”). Without our prior written permission, you agree not to display or use in any manner the TFR Marks.

d.    Your Content. Any data, media, messages and content that you make available through the App or otherwise to Licensor, and any other data, materials, or content that the App collects from you (“Your Content”), will be owned by Licensor. 

 

5. Limitations and Prohibitions

You agree to use the App solely as intended through the provided functionality of the App and as permitted under this EULA. You must use the App in compliance with all privacy, data protection, intellectual property, and other applicable laws. In addition, you must comply with the following:

a.     You agree not to, and you will not permit others to: license, sell, rent, lease, assign, copy, reproduce, distribute, publish, display, transmit, host, stream or otherwise commercially exploit the App or make the App available to any third party. 

b.     You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the App designed to control the manner in which the App is used, harvest or mine TFR Content from the App, or otherwise access or use the App in a manner inconsistent with individual personal human usage.

c.     You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the App, including any TFR Content available on or through the App.

d.     You agree not to use, display, mirror, frame or utilize framing techniques to enclose the App, including any TFR Content available on or through the App, or any portion thereof, through any other application or website.

e.     You agree not to provide any false personal information to Licensor or create a false identify or impersonate another person or entity in any way.

f.      You agree not to restrict, discourage or inhibit any person from using the App.

g.     You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the App or communications equipment and computers connected to the App.

h.     You agree not to interfere with or disrupt the App, or networks or servers connected to the App, or violate the regulations, policies or procedures of such networks or servers.

i.       You agree not to violate any applicable federal, state or local laws or regulations or this EULA when using the App, including by posting or submitting to the App any content that infringes any third party intellectual property or other right.

j.       You agree not to use the App to build a competitive product or App.

k.     You agree not to assist or permit any persons in engaging in any of the activities described above.

l.       You agree that the App is licensed as a single product. Its components may not be separated for use on more than one computer. 

 

A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.

 

6. Title to App. Licensor represents and warrants that it has the legal right to enter into and perform its obligations under this EULA, and that use by the Licensee of the App, in accordance with the terms of this EULA, will not infringe upon the intellectual property rights of any third parties.

 

7. Modifications to App. Licensorreserves the right to modify, suspend or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without liability to you.Licensor has no obligation to provide support service for the App

 

8. Term and Termination

a.    This Agreement shall remain in effect until terminated by you or Licensor. 

b.    Licensor may, in its sole discretion, at any time and for any or no reason, suspend or terminate this EULA and/or your account with or without prior notice.

c.    This EULA will terminate immediately, without prior notice from Licensor in the event that you fail to comply with any provision of this EULA. You may also terminate this EULA by deleting the App and all copies thereof from your mobile device.

d.    Upon termination of this EULA, you shall cease all use of the App and delete all copies of the App from your mobile device.

 

9. Jurisdiction. This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Florida, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in West Palm Beach, FL, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election. 

 

10. Non-Transferable. This EULA is not assignable or transferable by Licensee, and any attempt to do so would be void. 

 

11. Severability.  No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.

 

12. WARRANTY DISCLAIMER.LICENSOR, AND AUTHOR OF THE SOFTWARE, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE.

 

13. LIMITATION OF LIABILITY. LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, DATA, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE.

 

14. Entire Agreement.This EULA constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.  

 

For additional information regarding this EULA, please contact:

 

The Free Ride Inc. 

Attn: The Free Ride Inc. 

777 S. Flagler Drive, Suite 800 West Tower 

West Palm Beach, FL 33401

Email Address: infor@thefreeride.com    

Telephone number: 646-504-3733