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TERMS of USE     

IMPORTANT: BY USING YOUR ESSENTIAL SAFETY PROTOCOLS (“ESPTM“) SOFTWARE, WHICH INCLUDES: YOUR PUBLIC FACING EMERGENCY PREPAREDNESS WEB TEMPLATE (PFEP) AND YOUR CRISIS INFORMATION MANAGEMENT SYSTEM (CIMS), YOU ARE AGREEING TO BE BOUND
BY THE FOLLOWING URBANA INTERNATIONAL, LLC TERMS:

URBANA INTERNATIONAL, LLC SOFTWARE LICENSE AGREEMENT

URBANA INTERNATIONAL, LLC.

ESSENTIAL SAFETY PROTOCOLS (ESP
TM)
(PFEP and CIMS Software License Agreement)

Single Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING YOUR ESPTM (PFEP AND CIMS) SOFTWARE. BY USING YOUR ESPTM SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE ESPTM SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY CANCEL YOUR SUBCRIPTION BY NOTIFYING URBANA INTERNATIONAL, LLC IN WRITING FOR A PRORATED REFUND.

1. General The software (including Boot ROM code and other embedded software), documentation and any fonts that came with your PFEP and CIMS Software, whether in read only memory, on any other media or in any other form (collectively the "ESPTM Software") are licensed, not sold, to you by URBANA INTERNATIONAL, LLC ("UI") for use only under the terms of this License, and UI reserves all rights not expressly granted to you. The rights granted herein are limited to UI's intellectual property rights in the PFEP and CIMS Software and do not include any other patents or intellectual property rights. You own the data which is stored in the PFEP and CIMS Software but UI and/or UI's licensor(s) retain ownership of the ESPTM Software itself.

2. Permitted License Uses and Restrictions
(a) This License allows you to use the ESP
TM Software for a single identified campus or building site. This License does not allow the ESPTM Software to be used to record the plan for more than one campus or building site at a time, and you may not make the ESPTM Software available over a network where it could be used to record data for other campuses or buildings under the same subscription at the same time. This License does not grant you any rights to use ESPTM proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories for use with the ESPTM Software. Some of those rights are available under a separate license from UI. For more information, please email info@urbanainternational.com.

(b) With respect to updates to the ESPTM Software that UI may make available as upgrades ("ESPTM Software Updates"), this License allows you to use the ESPTM Software Updates to access the software on any computer, PDA or internet capable device that you or your authorized users own or control. This License does not allow you to share the update ESPTM Software with other campuses or building sites, and you may not make the ESPTM Software Updates available over a network where it could be used to record data for any other campuses or buildings/sites at the same time. You may make one copy of the ESPTM Software Updates and store it on your computer in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.

(c) Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the ESPTM Software, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the ESPTM Software, ESPTM Software Updates, or any part thereof. Any attempt to do so is a violation of the rights of UI and its licensors of the ESPTM Software and ESPTM Software Updates. If you breach this restriction, you may be subject to prosecution and damages. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rightholder. The ESPTM Software and ESPTM Software Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. THE ESPTM SOFTWARE AND ESPTM SOFTWARE UPDATES ARE NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE ESPTM SOFTWARE AND ESPTM SOFTWARE UPDATES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3. Transfer

a) You may not rent, lease, lend or sublicense the ESPTM Software.

b) With respect to a ESPTM Software Update, you may not rent, lease, lend or sublicense the ESPTM Software Update.


4. Consent to Use of Non-Personal Data You agree that UI and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your ESPTM data, computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the ESPTM Software, and to verify compliance with the terms of this License. UI may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

5. Termination This License is effective until terminated. Your rights under this License will terminate automatically without notice from UI if you fail to renew your maintenance subscription for the service or to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the ESPTM Software and ESPTM Software Updates.

6. Disclaimer of Warranties YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ESPTM SOFTWARE AND ESPTM SOFTWARE UPDATES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ESPTM SOFTWARE AND ESPTM SOFTWARE UPDATES, AND ANY SERVICES PERFORMED BY THE ESPTM SOFTWARE AND ESPTM SOFTWARE UPDATES, ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND UI UI'S LICENSORS (COLLECTIVELY REFERRED TO AS "UI" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ESPTM SOFTWARE AND ESPTM SOFTWARE UPDATES, 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 NON-INFRINGEMENT OF THIRD PARTY RIGHTS. UI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ESPTM SOFTWARE AND ESPTM SOFTWARE UPDATES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE ESPTM SOFTWARE AND ESPTM SOFTWARE UPDATES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ESPTM SOFTWARE AND ESPTM SOFTWARE UPDATES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ESPTM SOFTWARE AND ESPTM SOFTWARE UPDATES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UI OR A UI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE ESPTM SOFTWARE OR ESPTM SOFTWARE UPDATES 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.

The ESPTM Software and ESPTM Software Updates may enable access to third party web services (collectively and individually, "Services"), and to third party sites and information located worldwide throughout the Internet. Use of the Services requires Internet access and use of certain Services will require you to accept additional terms of service.

Because UI has no control over third party sites and information, UI makes no guarantees as to such sites and information, including but not limited to: (a) the accuracy, availability, sequence, completeness, currency, content, validity or quality of any such sites and information, or (b) whether a search completed through the ESPTM Software may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search or entering of a particular URL using the ESPTM Software may automatically and unintentionally generate links or references to objectionable material.

Certain Services may include materials from third parties. You acknowledge and agree that UI is not responsible for examining or evaluating the content or the accuracy, completeness, currency, validity or quality of any such third party material. UI does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials, or for any other materials, products, or services of third parties. You agree that you will not use any third party materials in a manner that would infringe or violate the rights of any other party, and that UI is not in any way responsible for any such use by you.

By using the ESPTM Software and ESPTM Software Updates, you acknowledge that UI makes no representations or warranties with regard to any sites or information displayed by or accessed through the ESPTM Software and ESPTM Software Updates, or any Services performed by the ESPTM Software and ESPTM Software Updates in relation to such sites or information. UI, its officers, employees, consultants, contractors, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive or view using the ESPTM Software, ESPTM Software Updates or for any inaccuracies, errors in or omissions from the content. UI and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without prior notice. In no event will UI be liable for the removal of or disabling of access to any such Services. UI may also impose limits on the use of or access to certain Services, in any case and without prior notice or liability. However, UI will make best efforts to clients in any event.

7. Limitation of Liability TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL UI 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 OR INABILITY TO USE THE ESPTM SOFTWARE AND ESPTM SOFTWARE UPDATES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF UI 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 UI'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 one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. Export Control You may not use or otherwise export or re-export the ESPTM Software or ESPTM Software Updates except as authorized by United States law and the laws of the jurisdiction(s) in which the ESPTM Software and ESPTM Software Updates were obtained. In particular, but without limitation, neither the ESPTM Software nor the ESPTM Software Updates may be exported or re-exported (a) into 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 ESPTM Software and ESPTM Software Updates, 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 the ESPTM Software or the ESPTM Software Updates for any purposes prohibited by United States law, including, without limitations ESPTM Software on, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

9. Government End Users The ESPTM Software, ESPTM Software Updates, 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.

10. Controlling Law and Severability This License will be governed by and construed in accordance with the laws of the State of New Jersey, as applied to agreements entered into and to be performed entirely within New Jersey between New Jersey residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

11. Complete Agreement; Governing Language This License constitutes the entire agreement between the parties with respect to the use of the ESPTM SOFTWARE AND ESPTM SOFTWARE UPDATES licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by UI. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

March 18, 2012

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Notices from Urbana international, LLC (“UI”)

If UI needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.




Last updated March 18, 2012
© Copyright 2002 URBANA INTERNATIONAL, LLC. All rights reserved.