End-User License Agreement for Fish Where App from Offshore Hunter Software Development, Inc.
UPDATED: August 15, 2018
Offshore Hunter Software Development, Inc. is pleased to provide You with a license to its “Fish Where” mobile Application. Please read this End-User License Agreement carefully before accessing or using the Fish Where App, for it governs Your use of the App and how we provide the App.
This End-User License Agreement (“Agreement”) is between You (“Your”) and Offshore Hunter Software Development, Inc. (“OHSDI”, “we” or “our”) and governs use of the Fish Where App (“App”) made available through the Apple App Store. By installing and using the Fish Where App, You agree to be bound by this Agreement. If You do not agree with the terms and conditions of this Agreement, You are not entitled to use the Fish Where App.
This Agreement is between You and OHSDI only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, You acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against You. OHSDI, not Apple, is solely responsible for the App and its content.
3. Limited License
OHSDI grants You a limited, non-exclusive, non-transferable, revocable license to use the App for Your personal purposes. You may only use the App on Apple devices that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
The terms of this Agreement will govern any content, materials, or services accessible from or purchased within Fish Where as well as upgrades provided by OHSDI that replace or supplement the original Licensed Application, unless such upgrade is accompanied by an updated EULA. Except as provided in the Usage Rules, you may not distribute or make Fish Where available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense Fish Where and, if you sell your Apple Device to a third party, you must remove Fish Where from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Fish Where, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with Fish Where).
This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
5. Age Restrictions
By using the App, You represent and warrant that (a) You are 18 years of age or older and You agree to be bound by this Agreement; (b) if You are under 18 years of age, You have obtained verifiable consent from a parent or legal guardian; and (c) Your use of the App does not violate any Applicable law or regulation. Your access to the App may be terminated without warning if OHSDI believes, in its sole discretion, that You are under the age of 18 years and have not obtained verifiable consent from a parent or legal guardian. If You are a parent or legal guardian and You provide Your consent to Your child’s use of the App, You agree to be bound by this Agreement in respect to Your child’s use of the App.
YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF FISH WHERE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FISH WHERE AND ANY SERVICES PERFORMED OR PROVIDED BY FISH WHERE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO FISH WHERE AND ANY SERVICES, 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 OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD FISH WHERE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OHSDI BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE FISH WHERE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF OHSDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall OHSDI’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 of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. External Services
Fish Where may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
You may not use or otherwise export or re-export Fish Where except as authorized by United States law and the laws of the jurisdiction in which Fish Where was obtained. In particular, but without limitation, Fish Where 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 Fish Where, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
10. Maintenance and Support
OHSDI provides maintenance and support for the App. To the extent that any maintenance or support is required by applicable law, OHSDI, not Apple, shall be obligated to furnish any such maintenance or support.
11. Product Claims
OHSDI, not Apple, is responsible for addressing any claims by You relating to the App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that You may have such claims.
12. Commercial Items
Fish Where and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
13. Intellectual Property Claims
OHSDI shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of or relating to the App. To the extent OHSDI is required to provide indemnification by Applicable law, OHSDI, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the App or Your use of it infringes any third party intellectual property right.
The Fish Where App, like other consumer technologies, may not be 100% secure. By accepting this Agreement, You acknowledge and accept that You are solely responsible for securing Your mobile device from unauthorized access, including by such means as using complex password protection. You agree that OHSDI shall not be liable for any unauthorized access to Your mobile device or the App data thereon.
This Agreement and the relationship between You and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement.
This Agreement and the relationship between You and OHSDI shall be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You and OHSDI agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Pinellas County, Florida, to resolve any dispute or claim arising from this Agreement.
If You have any questions about this End-User License Agreement, please contact us.
By email at:
By mail at:
Offshore Hunter Software Development, Inc.
4604 49th Street North, #35
St. Petersburg, FL 33709
LAST UPDATED: August 15, 2018