This MightyRC End User License Agreement ("Agreement") is a legal agreement made between MightyRC LLC, and You ("You" and "Your") as a licensee and user of MightyRC software ("Product Software") that is embedded on the MightyRC product ("Product").

IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE PRODUCT SOFTWARE AND YOU MAY CHOOSE TO PROMPTLY RETURN THE PRODUCT FOR A REFUND OF THE PRODUCT PURCHASE PRICE BY CONTACTING MightyRC AT THE ADDRESS BELOW.

 

This EULA only governs your access to and use of Product Software.  Your purchase of the product (excluding the Product Software) from MightyRC is governed by the Limited Warranty which is provided with the Product. 

 

MightyRC Terms of Service govern your use of (a) the website located at mightyrc.com and mightyrc.com sub-domains (each, a "Site"), (b) services through the Site (and any updates thereto) ("Site Services"), and (c) certain software or applications that may be downloaded to your mobile device (and any updates thereto) ("Mobile Software"). This EULA does not govern your use of the Site, Site Services, or Mobile Software, or your purchase of the Product (excluding the Product Software).

 

License

Subject to the terms of this EULA, MightyRC Labs grants to you a limited and non-exclusive license (without the right to sublicense) to execute one (1) copy of the Product Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes.

 

Restriction
You agree not to and you will not permit others to:  (a) you shall use the Licensed Software solely as licensed above, and shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Licensed Software or make the Licensed Software available to any third party; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Device or Licensed Software (except as affirmatively required under applicable law); (c) you shall not use or access the Licensed Software for benchmarking or competitive analysis, or in order to build a similar or competitive product or service; (d) except as expressly stated herein, no part of the Licensed Software may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means; (e) any future release, update, or other addition to functionality of the Licensed Software shall be subject to the terms of this Agreement, unless MightyRC expressly states otherwise; and (f) all use shall be in compliance with applicable local law, including without limitation all building codes and regulations.

 

Application, Device and Service Usage

In order to operate your Device, you must have a compatible mobile device on which to download the Application. After downloading the Application, you must create an account with MightyRC in order to operate your Device (the "Account") and to access our Application and services (the "Service"). The use of the Service and Application is governed by Terms of Service. You must keep your Account information accurate and up to date at all times. You agree to abide by, and use the Device, Licensed Software, Application and Account in accordance with the documentation provided to you in connection with the Device, Licensed Software, Application and Account, and any additional Terms of Service that we may post associated with your Account or the Service, including without limitation the Terms of Service. You are responsible for maintaining the security of your Device, Licensed Software, Application and Account, and you must take reasonable steps to protect your Account information and access to your Application. All use of the Device, Licensed Software, Application and Service through your Account (by you or others) is your responsibility.

To the fullest extent allowed by law, you hereby agree to indemnify and hold harmless MightyRC and its affiliates from any liability arising out of or relating to the misuse of your Account, Device, Licensed Software, Application or the Service, or your negligence, wilful misconduct or breach of this Agreement.

 

Ownership

All right, title, and interest, including all intellectual property rights, in and to the Licensed Software (including any and all copies thereof but excluding any Open Source Licensed Software included therein) shall be owned and retained by MightyRC or its suppliers. Any rights not expressly granted by MightyRC in this Agreement are reserved. You acknowledge that you acquire no ownership interest in the Licensed Software by virtue of downloading or using the Licensed Software.

 

Open Source

Certain items of software included with the Product Software are subject to "open source" or "free software" licenses ("Open Source Software"). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, MightyRC makes such Open Source Software, MightyRC"s modifications to that Open Source Software, available by written request to MightyRC at the email or mailing address listed below.

 

Privacy

We value your privacy. All information provided to MightyRC in connection with your use of the Licensed Software is covered by our Privacy Policy, available at www.mightyrc.com/privacy.html. Please review this policy prior to using the Licensed Software, as by entering into this Agreement and using the Licensed Software you are agreeing to the terms of our Privacy Policy. The Licensed Software may automatically transmit personal, usage and status data to MightyRC"s servers to enable its functionality.

 

Limitation of Remedies and Damages 

Your use of MightyRC is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.

 

Terms and Termination

This Agreement and the licenses granted hereunder are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product unless this Agreement is terminated by MightyRC pursuant to this section. MightyRC may terminate this Agreement immediately upon notice in the event that you materially breach any of the terms hereof. You may terminate this Agreement effective immediately upon providing MightyRC with written notice. Upon termination, the license granted hereunder shall terminate and you shall immediately destroy any copies of the Licensed Software in your possession, but the terms of this Agreement which are intended to survive termination will remain in effect.

 

Agreement Changes

MightyRC reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Product Software. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement.

 

Export Control

Your use of the Services may be subject to export and import laws of the United States and other jurisdictions, and you will comply with such laws.

 

Contact Information

Should you have any questions about this EULA or if you desire to contact us, please contact us by email at service@mightyrc.com.