R SYSTEMS APPLICATION END-USER LICENSE AGREEMENT
May 2, 2022
The R Systems application software (the “Application”) and the data embedded in the Application (the “Data”) you are downloading to your device are owned or licensed by R Systems SAS or its subsidiaries (collectively “R Systems”). Both the Application and Data are protected under copyright laws and international copyright treaties. The Application and Data are licensed, not sold. The structure, organization and code of the Application are valuable trade secrets of R Systems and/or its third-party providers. The Application is provided under the following license and is subject to the following terms and conditions, which are agreed to by End User (“you” or “your”), on the one hand, and R Systems and its licensors and affiliated companies of R Systems and its licensors, on the other hand. If you are obtaining the Application from a third party application vendor (the “Application Vendor”), you acknowledge that R Systems, and not the Application Vendor, is responsible for the Application. R Systems’s licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of R Systems and its licensors, are each a direct and intended third party beneficiary of this Agreement and may enforce their rights directly against you in the event of your breach of this Agreement.
IMPORTANT: CAREFULLY READ THIS ENTIRE LICENSE AGREEMENT BEFORE PURCHASING OR USING THIS APPLICATION. PURCHASING, INSTALLING, COPYING OR OTHERWISE USING THIS APPLICATION INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PURCHASE, INSTALL OR USE THE APPLICATION.
LICENSE TERMS AND CONDITIONS.
R Systems (“we” or “us”) provides you with the Application and the embedded or accompanying Data, including any “online” or electronic documentation and printed materials, and grants you a limited, non-exclusive license to use the Application and Data in accordance with the terms of this Agreement. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy the Application and Data only as necessary for your use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Application or Data in any way. Your use of the Application must not violate any usage rules of the Application Vendor or any other third party service provider you use to enable the Application. You agree not to otherwise reproduce, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Application and Data, and you may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory law. R Systems reserves the right to modify the Application or to discontinue offering the Application all together at any time for any reason. R Systems also reserves the right to discontinue offering any Data supplied by any third party supplier if such supplier ceases to supply such content or R Systems’s contract with such supplier terminates for any reason. R Systems reserves the right to anonymously collect and report non-personally identifiable information related to your use of the Application. This information would be collected anonymously, in a way that does not personally identify you. We may use this information to detect broad user trends and to otherwise enhance our products or applications. The collection and use of this location information are described in more detail in our privacy statement, which can be found at www.rsystems.fr.
Support: If you need operational or technical support and assistance regarding the installation, un-installation, use or operation of the Application, or if you have questions, complaints or claims regarding the Application, contact R Systems at: https://www.rsystems.fr/#contact
Acknowledgement of Application Vendor Responsibility: The Application Vendor shall have no maintenance or support obligation for the Application, nor any responsibility for addressing any claims from you or any third party regarding the possession or use of the Application, including without limitation product liability claims, claims of failure to meet legal or regulatory requirements or consumer protection laws claims. Further, the Application Vendor shall have no responsibility regarding third party claims of intellectual property rights violations as a result of your possession or use of the Application.
Restrictions: You are prohibited from selling, renting or leasing the Application or Data to any other person or third party. You acknowledge that the Application and Data should be used only for general information purposes and you should not rely on the Application or Data for any life or death situation. The Application and Data should not be relied upon as a sole source of navigation.
No Warranty: This Application (including the Data) is provided to you “as is,” and you agree to use it at your own risk. R Systems and its licensors including the licensors, service providers, channel partners and suppliers, and affiliated companies of R Systems and its licensors, make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from the Application, or that the Data will be uninterrupted or error-free. R SYSTEMS MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF MAP DATA IN THE APPLICATION.
Change of Data Providers: Providers of Data may be changed by R Systems during the term of this Agreement, and your experience with the Data provided by a new provider may not duplicate your experience with the previous Data supplier.
Disclaimer of Warranty: R SYSTEMS AND ITS LICENSORS, INCLUDING THE LICENSORS, SERVICE PROVIDERS, CHANNEL PARTNERS, SUPPLIERS AND AFFILIATED COMPANIES OF R SYSTEMS AND ITS LICENSORS, DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY R SYSTEMS OR ITS SUPPLIERS AND LICENSORS SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THIS AGREEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you. THE SOLE AND MAXIMUM RESPONSIBILITY OF THE APPLICATION VENDOR IN THE EVENT OF A WARRANTY FAILURE IS A REFUND OF THE APPLICATION PURCHASE PRICE.
Disclaimer of Liability: R SYSTEMS AND ITS LICENSORS , INCLUDING THE LICENSORS, SERVICE PROVIDERS, CHANNEL PARTNERS, SUPPLIERS AND AFFILIATED COMPANIES OF R SYSTEMS AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE APPLICATION ; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE APPLICATION, ANY DEFECT IN THE DATA OR APPLICATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, AND WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE APPLICATION OR FROM DEFECTS OR ERRORS IN THE APPLICATION, EVEN IF R SYSTEMS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. R SYSTEMS’S AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE APPLICATION SHALL NOT EXCEED 1.00 EURO. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
Export Control: You agree not to export from anywhere any part of the Application or Data or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or 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.
Indemnity: You agree to indemnify, defend and hold R Systems and its licensors, including the respective licensors, service providers, channel partners, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of R Systems and its licensors, free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with any use or possession by you of the Application or Data.
Term: This License Agreement is effective until such time as (i) if applicable, your subscription term is either terminated (by you or by R Systems) or expires, or (ii) R Systems terminates this License Agreement for any reason, including, but not limited to, if R Systems finds that you have violated any of the terms of this License Agreement. In addition, this License Agreement shall terminate immediately upon the termination of an agreement between R Systems and any third party from whom R Systems (a) obtains services or distribution necessary to support the Application, or (b) licenses Data. You agree, upon termination, to destroy all copies of the Data. The Disclaimers of Warranty and Liability set out above shall continue in force even after any termination.
Entire Agreement: These terms and conditions constitute the entire agreement between R Systems and its licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of R Systems and its licensors, and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law: THE ABOVE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF FRANCE, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS. YOU AGREE TO SUBMIT TO THE JURISDICTION OF FRANCE FOR ANY AND ALL DISPUTES, CLAIMS AND ACTIONS ARISING FROM OR IN CONNECTION WITH THE APPLICATION PROVIDED TO YOU HEREUNDER.