BY DOWNLOADING AND/OR USING ANY SOFTWARE AND/OR APPLICATIONS (COLLECTIVELY, “SOFTWARE”) PROVIDED TO YOU BY OR ON BEHALF OF SMARTEE BLUE PARTNERS, LLC, WHICH OPERATES TRANSPORTATIONNATION.COM, AND ITS AFFILIATED ENTITIES (“TRANSPORTATION NATION NETWORK”) IN CONNECTION WITH YOUR USE OF THE TRANSPORTATION NATION NETWORK SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER LICENSE AGREEMENT (“LICENSE AGREEMENT” or “EULA”); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT; AND (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE FOREGOING, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, THE SOFTWARE.
- 1. GeneralThis License Agreement contains details on your limited right and license to use the Software solely in connection with your use of the Transportation Nation Network service. This License Agreement is between you and Transportation Nation Network and not any other party.
The Software contains material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. The Software is licensed, not sold or given, to you by Transportation Nation Network for use only under the terms of this License Agreement and all rights not specifically granted to you herein are reserved to Transportation Nation Network and to any third party with ownership rights in software and documentation used in the Software. You may not remove any proprietary notice of Transportation Nation Network or any other party from any copy of the Software or documentation.
The rights granted under the terms of this License Agreement include any software upgrades that replace and/or supplement the original Software.
Transportation Nation Network reserves the right, from time to time, with or without notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this License Agreement will supersede all previous versions. Your use of the Software after changes are made means that you agree to be bound by such changes. As such, you should review the License Agreement periodically.
- 2. Permitted Use/Restrictions
- 2.1Grant of Limited License Transportation Nation Network grants you (which, for purposes of this License Agreement, shall include members of your immediate household for whom you will be responsible hereunder and users of the Transportation Nation Network ready device with which you are accessing the Transportation Nation Network service and for whom you will be responsible hereunder) a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this License Agreement, to install and use the Software, in object code form only, provided to you by or on behalf of Transportation Nation Network in connection with your use of the Transportation Nation Network service.
- 2.2 The license grant above includes the right to use documentation accompanying the Software for the sole purpose of using the Transportation Nation Network service and the right to make one (1) backup copy of the Software, provided that (i) the Software is installed on only the number of Transportation Nation Network ready devices authorized by Transportation Nation Network (which number shall be a maximum of four (4) and a minimum of one (1) corresponding to your subscription authorization entitlements Transportation Nation Network ready devices unless otherwise agreed or modified in writing by Transportation Nation Network); (ii) the Software may NOT be modified; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by all the terms of this License Agreement.
- 2.3 The Software is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.
- 2.4 As a condition of the limited license for the Software granted to you in this License Agreement, except as and only to the extent expressly permitted in this License Agreement or by applicable law which cannot be waived by this License Agreement, you may NOT:
- 1. download to save, unless specifically provided and licensed for (e.g. – purchased as download to own), any Content shown, displayed or listed on Transportation Nation Network from the Transportation Nation Network website;
- 2. publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof;
- 3. copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to human readable form;
- 4. attempt to create the source code from the object code of the Software;
- 5. transmit or make the Software available over a network where it could be used by multiple computers or Transportation Nation Network ready devices at the same time;
- 6. make any third-party software contained in the Software a standalone product;
- 7. take any action that will infringe on the intellectual property or other proprietary rights of Transportation Nation Network or any third party software provider;
- 8. sublicense or assign the Software;
- 9. view any shows, content, featured videos provided by Transportation Nation Network or its suppliers anywhere other than within the country or location authorized by Transportation Nation Network (“Territory”); and
- 10. “stream”, download to save, or instantly watch Content outside of the Territory, and Transportation Nation Network may use technologies to verify your compliance.
- 2.5 If you “uninstall” the Software, you will no longer be able to use the Software to view shows, content, featured videos on that Transportation Nation Network ready device.
- 2.6 No ownership rights. You have no ownership rights in any Software. Rather, you have a limited license to use the Software as long as this License Agreement remains in effect. Ownership of the Software and all intellectual property rights therein shall remain at all times with Transportation Nation Network and/or its licensors. Any other use of the Software by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this License Agreement.
- 3. Third Party Content/Third Party Software
- 3.2 Software. There are software programs contained within the Software that have been licensed to Transportation Nation Network by third parties. The term “Software” as used herein shall refer to such third party software except where the term Software refers expressly to the ownership or other specific rights of Transportation Nation Network. The same terms and conditions, including all limitations and restrictions, set forth in this License Agreement apply to each third party software program contained in the Software. Certain software programs specified in the licenses referenced in Section 10 (“Notices”) below may contain additional grants and/or restrictions.
- 5. Upgrading the SoftwareTransportation Nation Network may issue you an upgraded version of the Software automatically upon an instance of your use of the Software or the Transportation Nation Network service or otherwise in connection with your use of the Transportation Nation Network ready device. Alternatively, Transportation Nation Network may require you to consent to an upgrade to the Software (“Software Upgrades”) before using, installing or accessing the Software. If you decline the Software Upgrades, you may not be able to use or access the Software or the Transportation Nation Network service.
- 6. Export Law AssurancesYou may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was legally obtained or authorized by Transportation Nation Network. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list.
- 7. U.S. Government End UsersThe Software 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.
- 8. TerminationThis License Agreement is effective until terminated. Your rights under this License Agreement are terminable by Transportation Nation Network at any time without notice. Further, this License Agreement will terminate if Transportation Nation Network finds that you have violated any of the terms of this License Agreement. No waiver of any breach of any provision of this License Agreement by Transportation Nation Network shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of Transportation Nation Network. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this License Agreement.
Your ability to use the Transportation Nation Network service is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is your responsibility.
Upon the termination of this License Agreement, you shall cease all use of the Software and Transportation Nation Network service and destroy all copies, full or partial, of the Software that you may have downloaded hereunder.
- 10. Notices
- 10.1 Transportation Nation Network Copyright Notice. © 2017 Smartee Blue Partners, LLC. All content herein is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and may not be modified, copied or used in any manner without the express permission of Smartee Blue Partners, LLC, which reserves all rights. Reuse of any of this content for any purpose without the permission of Smartee Blue Partners, LLC is strictly prohibited.
- 10.2 Facebook. You agree and acknowledge that Facebook has no responsibility or liability for the Software and its content.
- 10.3 Twitter. You agree and acknowledge that Twitter has no responsibility or liability for the Software and its content.
- 11. Transportation Nation Network Contact Information
Any questions, complaints or claims regarding the Software shall be directed to Customer Service via email at support@TransportationNation.com.