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.