Terms and Conditions
Konect Sports License Agreement
THANK YOU FOR SELECTING OUR PRODUCT. IF YOU DOWNLOAD THE KONECT SOFTWARE SUBJECT TO THESE TERMS BY CLICKING THE 'I AGREE' BUTTON, AND/OR USE THE KONECT SOFTWARE OR ANY INCLUDED DOCUMENTATION (together the "Software"), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (the "Agreement"), AND THIS WILL BE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Konect Sports, (“KONECT”). IF YOU DO NOT AGREE WITH THIS AGREEMENT, THEN DO NOT INDICATE ACCEPTANCE OF THE AGREEMENT AND DO NOT USE KONECT SPORTS SOFTWARE. KONECT MAY AMEND THIS AGREEMENT FROM TIME TO TIME. THE MOST RECENT VERSION OF THIS AGREEMENT SHALL ALWAYS BE AVAILABLE ON THE INTERNET AT WWW.KONECTSPORTS.COM AND THE MOST RECENT VERSION SHALL SUPERSEDE ANY AND ALL OTHER VERSIONS OF THIS AGREEMENT. KONECT RESERVES THE RIGHT TO CHANGE OR MODIFY THIS AGREEMENT OR ANY OTHER COMPANY POLICIES RELATED TO USE OF THE SOFTWARE AT ANY TIME AND AT ITS SOLE DISCRETION BY POSTING REVISIONS ON THE INTERNET AT KonectSports.com CONTINUED USE OF THE SOFTWARE FOLLOWING THE POSTING OF THESE CHANGES OR MODIFICATIONS WILL CONSTITUTE ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING THESE TERMS AND USING THIS SOFTWARE. References in this Agreement to "you" or "your" refer to both you and any person or entity on whose behalf you act, if any.
1. Grant of KONECT License: Subject to the terms and conditions of this Agreement, KONECT hereby grants to you a personal, non-transferable and non-exclusive license to install and use the Software on your mobile device for the purposes of your own personal needs.
2. KONECT Software Use Restrictions: You shall not sublicense, distribute, hypothecate, lease, loan or otherwise convey the KONECT Software or any portion thereof to anyone, and under no circumstance may you use or allow the use of the KONECT Software in any manner other than as expressly set forth herein. You shall not modify the KONECT Software, incorporate the KONECT Software in whole or in part in any other product or create derivative works based on all or part of the KONECT Software. You shall not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the KONECT Software. You shall not use the KONECT Software in connection with a service bureau, time-sharing, or fee-for service arrangement with third parties. Except to the extent permitted by applicable local law, you shall not reverse assemble, decompile or disassemble or otherwise reverse engineer any portion of the KONECT Software. If you dispose of any media embodying KONECT Software, you will ensure that you have completely erased or otherwise destroyed any KONECT Software stored on such media. You must comply with applicable third party terms of agreement when using the Software.
THE KONECT SOFTWARE IS NOT INTENDED FOR USE IN ANY SITUATION IN THAT THE FAILURE OF THE KONECT SOFTWARE COULD LEAD TO DEATH OR BODILY INJURY OF ANY TYPE.
3. Acceptable Use: Use of the KONECT Software and any of your information transmitted in connection with the KONECT Software is limited to your own personal needs. In no event may the KONECT Software be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access KONECT proprietary information that is not authorized by KONECT; (d) uses or launches any automated system to access KONECT'S website or computer systems; (e) attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer KONECT Software, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to KONECT'S computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or (h) violates this Agreement. KONECT reserves the right, in its sole discretion, to terminate this Agreement and request that you remove the KONECT Software for any reason, including but not limited to KONECT'S reasonable conclusion that you have violated this Agreement.
4. Copying Restrictions: You may copy the KONECT Software onto your iPhone, iPad or iPod device, and you may make one (1) copy of the KONECT Software for backup or archival purposes. You agree that (i) your use and possession of such copies shall be solely under the terms and conditions of this Agreement, and (ii) you shall place the same proprietary and copyright notices and legends on all such copies as included by KONECT on any media embodying an authorized copy of the KONECT Software originally provided by KONECT. Except as described in this paragraph, you are not permitted to copy the Software.
5. Disclosure Restrictions: You acknowledge that the KONECT Software, including the source code for the KONECT Software and any information derived therefrom, constitutes a valuable trade secret of KONECT. You shall not disclose such materials to anyone.
6. Ownership of KONECT Software: You agree and acknowledge that (i) the KONECT Software is licensed to you, not sold, and KONECT transfers no ownership interest in the KONECT Software, in the intellectual property in any KONECT Software or in any KONECT Software copy, to you under this Agreement or otherwise, (ii) that KONECT and its licensors reserve all rights not expressly granted to you hereunder, (iii)KONECTor its licensors own the KONECT Software (including, but not by way of limitation, any images, algorithms, photographs, data, fonts, animations, video, audio, music and text incorporated in the KONECT Software), and (iv) the KONECT Software is protected by United States Copyright Law and international treaties relating to protection of copyright. The term “Software” includes, and this Agreement will cover, any updates, upgrades or bug fixes for the KONECT Software provided to you.
7. Transfer Restrictions: You may transfer the KONECT Software and all licenses and rights in the KONECT Software granted to you under this Agreement to a third party provided that: (i) such transferee agrees to accept the terms and conditions of this Agreement, and (ii) you also transfer all KONECT Software, including all copies thereof, to such transferee. Except as provided in this Section, you may not transfer or assign this Agreement or any of your rights or obligations under this Agreement, in whole or in part.
8. Export Restrictions: You may not export or re-export any KONECT Software except in full compliance with all United States laws and regulations, executive orders and the like, including in particular the Export Administration Regulations of the U.S. Department of Commerce. Without limitation of the foregoing, no KONECT Software may be exported or re-exported into (or to a national or resident of) any country to which the U.S. embargoes goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Denied Persons List. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
9. Enforcement of Terms & Termination: If you fail to fulfill any of your obligations under this Agreement, this Agreement will automatically terminate, and KONECT and/or its licensors may pursue all available legal remedies available to them. You agree that KONECT licensors referenced in the KONECT Software are third-party beneficiaries of this Agreement, and may enforce this Agreement as it relates to their intellectual property. Sections 2-10 and 11-21 shall survive any termination or expiration of this Agreement.
10. U. S. Government Users: Pursuant to the policy stated at 48 CFR 227.7202-1, U.S. Government users acknowledge that (i) the Software is commercial computer KONECT Software, (ii) this Agreement embodies the licenses customarily used by KONECT for licenses in Software granted to the public, and (iii) the licenses set forth herein shall apply to all possession, use and duplication of the Software by the Government, except to the extent which such licenses are inconsistent with Federal procurement law. Contractor/manufacturer is KONECT.
11. Disclaimer of Warranty: YOUR USE OF THE KONECT SOFTWARE AND CONTENT ACCESSIBLE THROUGH THE KONECT SOFTWARE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE KONECT SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KONECT , ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE KONECT SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE KONECT SOFTWARE. KONECT AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE KONECT SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. FURTHER, KONECT DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE, CONTENT OR DATA TRANSMITTED THROUGH THE KONECT SOFTWARE, DELAYS IN RESPONSE TIMES BY ANY THIRD PARTY OR ANY PERSON OR AUTHORITY. KONECT ASSUMES NO LIABILITY FOR INTERRUPTION OF THE KONECT SOFTWARE DUE TO FORCE MAJEURE, STRIKES, RIOTS, FLOODS, STORMS, EARTHQUAKES, FIRES, POWER FAILURES, INTERRUPTION OF CELLULAR DEVICE SERVICES, ACTS OF GOD, OR ANY OTHER CAUSE BEAYOND KONECT'S CONTROL, INCLUDING, WITHOUT LIMITATION YOUR ACTIVITIES OR ANY THIRD PARTY.
KONECT AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE KONECT SOFTWARE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE KONECT SOFTWARE IS IN ACCORDANCE WITH APPLICABLE LAW.
12. Limitation of Liability: IN NO EVENT SHALL KONECT OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION THE COST OF COVER, DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS OR GOODWILL), WHETHER OR NOT KONECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. KONECT MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT AND/OR YOUR USE OR POSSESSION OF THE KONECT SOFTWARE, INCLUDING WITHOUT LIMITATION ANY CLAIMS IN TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, AND FOR ANY AND ALL CLAIMS COMBINED, WILL NOT EXCEED THE LESSER OF (A) $10; OR (B) THE FEE YOU PAID FOR YOUR LICENSE TO THE KONECT SOFTWARE.
You agree to indemnify and hold KONECT and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the KONECT Software or breach of this Agreement (collectively referred to as "Claims"). KONECT reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by KONECT in the defense of any Claims.
13. Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Wisconsin, excluding its choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
14. Disputes: A party shall not seek relief from a court with respect to any dispute arising in connection with this Agreement (except for any application for urgent equitable relief) unless such dispute has first been referred to voluntary mediation, and, if such mediation is not successful, has been submitted to arbitration conducted by a panel of three arbitrators sitting in BROWN COUNTY, WISCONSIN. Each party shall choose one arbitrator and those two shall choose the third. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association and the decision of the arbitrators shall be binding and enforceable in any court of competent jurisdiction. The arbitrators shall have no power to award punitive damages or any damages inconsistent with this Agreement or measured other than by the actual losses suffered by the parties.
15. Complete Agreement; Waiver; Severability: This Agreement supersedes all proposals, oral or written, all negotiations, conversations, discussions and all past course of dealing between you and KONECT relating to the KONECT Software or the terms of its license to you, and may only be modified by KONECT in the manner identified above. In the event any term of this Agreement is held by a court of competent jurisdiction not to be enforceable, the remaining terms shall survive and be enforced to the maximum extent permissible by law. No waiver of any right or obligation contained herein shall be given except in writing signed by the party against whom the waiver is sought to be enforced. If any of the provisions of this Agreement are held to be invalid under any applicable statute or rule of law, they shall be severed from this Agreement and the remaining provisions of this Agreement shall be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provisions with valid and enforceable provisions designed to achieve, to the extent possible, the business purposes and intent of such invalid or unenforceable provisions.
16. Consent to Electronic Contracting: You agree that execution of this Agreement may occur by your manifesting your acceptance of it when you downloaded and used the KONECT Software, and that no signature on a paper copy of this Agreement is required in order to form a binding contract.
17. Translation: Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version; the English version of this Agreement shall govern. The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English.
The parties agree that this agreement and all related documents be written and read in English.
SPANISH: Las partes acuerdan que todos el presente contrato y todos los documentos relacionados sean redactados y leídos en ingles.
FRENCH: Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
GERMAN: Die Parteien bestätigen hiermit, dass sie verlangt haben, dass diese Vereinbarung und alle diesebezüglichen Dokumente in englischer Sprache abgefasst werden.
ITALIAN: Le parti confermano di aver chiesto che il presente Accordo e tutti i relativi documenti vengano redatti in lingua inglese.
KOREAN: 당사자는 여기에서 이 계약 및 모든 관련 문서가 영어로 초안 작성되도록 요청한 것을 확인합니다.
PORTUGUESE: As partes pelo presente confirmam que solicitaram que este Contrato e todos os documentos relacionados sejam elaborados em inglês.
RUSSIAN: Настоящим стороны подтверждают, что по их просьбе это соглашение и все связанные документы должны быть составлены на английском языке.
SWEDISH: Parterna bekräftar härmed att de har begärt att detta Avtal och all relaterad dokumentation ska skrivas på engelska.
ARABIC: يقر الطرفان بموجب ذلك أنهما قد طلبا أن تتم صياغة مسودة هذه الاتفاقية وكافة المستندات المتعلقة بها باللغة الإنجليزية.
HEBREW: הצדדים מאשרים בזאת כי הם ביקשו שהסכם זה וכל מסמך שקשור אליו ינוסחו באנגלית.
DUTCH: De partijen bevestigen hierbij dat ze een verzoek hebben ingediend dat deze overeenkomst en alle gerelateerde documenten in het Engels zijn opgesteld.
CROATIAN: Ugovorne strane su suglasne da je ovaj dogovor i sve potrebne dokumentacije vezane biti napisana i čitati na engleskom jeziku.
CZECH: Strany se dohodly, že tato smlouva a všechny související dokumenty byly zápis a čtení v angličtině.
FILIPINO: Ang mga partido sumang-ayon na ang kasunduang ito at ang lahat ng kaugnay na mga dokumento ay nakasulat at basahin sa Ingles.
FINNISH: Osapuolet sopivat, että tämä sopimus ja kaikki siihen liittyvät asiakirjat on kirjoitettu ja lukea Englanti.
GREEK: Τα μέρη συμφωνούν ότι η παρούσα σύμβαση και όλα τα σχετικά έγγραφα να γράψει και να διαβάσει στα αγγλικά.
LITHUANIAN: Šalys susitaria, kad šis susitarimas ir visi susiję dokumentai būtų parašyta ir skaityti anglų kalba.
18. Acknowledgements: You and KONECT acknowledge that this Agreement is between you and KONECT only, and not with Apple, Inc. (“Apple”). You and KONECT further acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the KONECT Software. In the event of any failure of the KONECT Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the KONECT Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the KONECT Software. KONECT and you acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the KONECT Software or your possession and/or use of the KONECT Software, including, but not limited to: (i) product liability claims; (ii) any claim that the KONECT Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. KONECT and you acknowledge that, in the event of any third party claim that the KONECT Software or your possession and use of the KONECT Software infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the KONECT Software be found to infringe any intellectual property rights of a third party, your sole remedy shall be either to cease using the KONECT Software or to use a non-infringing version of the KONECT Software should KONECT choose to provide you with such a non-infringing version. KONECT and you acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
19. Incorporation of Apple, Inc.'s Licensed Application End User License Agreement: This Agreement incorporates by reference the Licensed Application End User License Agreement (the "LAEULA") published by Apple (located online at). For purposes of this Agreement, the KONECT Software is considered the "Licensed Application" as defined in the LAEULA and KONECT is considered the "Application Provider" as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control.
20. Contact Information: KONECT may be contacted at KONECT SPORTS, 1400 Lombradi Ave, Suite 30 - Green Bay, WI 54304, or firstname.lastname@example.org for any end-user questions, complaints, or claims with respect to the KONECT Software.
22. Health Risks: KONECT is designed to be used solely to measure athletic movements such as reaction time, athletic speed as well as how high your vertical jump/leap is in an athletic activity. KONECT advises to consult your doctor or health professional to determining your individual training usage and frequency. Determining your training usage, frequency and duration is variable based on your age, condition and specific goals. PLEASE CONSULT YOUR DOCTOR OR HEALTH PROFESSIONAL TO HELP YOU DETERMINE YOUR APPROPRIATE EXERCISE FREQUENCY, USAGE AND DURATION REGARDING AND PHYSICAL ACTIVITY.
BEWARE OF CHOKING HAZARD – KEEP KONECT OUT OF THE REACH OF YOUNG CHILDREN.
SPANISH: CUIDADO CON RIESGO DE ASFIXIA - KONECT MANTENER FUERA DEL ALCANCE DE LOS NIÑOS.
FRENCH: ATTENTION AUX risques d'étouffement - GARDER KONECT À LA PORTÉE DE JEUNES ENFANTS.
GERMAN: PASSEN VON Erstickungsgefahr - HABEN KONECT AUS DER Reichweite von kleinen Kindern.
ITALIAN: ATTENZIONE ALLE RISCHIO DI SOFFOCAMENTO - KONECT TENERE FUORI DALLA PORTATA DEI BAMBINI.
PORTUGUESE: CUIDADO DE PERIGO DE ASFIXIA - KONECT MANTENHA FORA DO ALCANCE DE CRIANÇAS.
RUSSIAN: ОСТЕРЕГАЙТЕСЬ удушением - Храните KONECT ИЗ недоступном для детей месте.