TERMS AND CONDITIONS
Range End User License Agreement
This End User License Agreement (“Agreement”) is a binding agreement between you and Caravan Studios, a division of TechSoup Global, a U.S. 501(c)(3) nonprofit (“Caravan Studios”). This Agreement governs your use of the Range mobile application (including all related documentation, “Range”).
BY DOWNLOADING RANGE, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD RANGE.
1. LICENSE GRANT. Subject to the terms of this Agreement, Caravan Studios grants you a limited, non-exclusive and nontransferable license to download, install, and use Range for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”).
2. LICENSE RESTRICTIONS. You shall not remove, disable, circumvent, or otherwise create or implement any workaround to any security features in Range.
3. RESERVATION OF RIGHTS.
3.1. You acknowledge and agree that Range is provided under license and not sold to you. You do not acquire any ownership interest in Range under this Agreement, or any other rights other than to use Range in accordance with the license granted, and subject to all terms and conditions in this Agreement. Caravan Studios and its licensors and service providers reserve and retain their entire right, title, and interest in Range, including all copyrights, trademarks, and other intellectual property rights, except as expressly granted to you in this Agreement.
3.2. Range is currently made available to you free of charge for your philanthropic, noncommercial use. Caravan Studios reserves the right to amend or withdraw Range at any time and for any reason.
5. GEOGRAPHIC RESTRICTIONS.
5.1. Range’s services are based in the state of California in the United States and provided for use by persons located in the United States. You acknowledge that you may not be able to access or use Range outside of the United States, and that access to Range may not be legal by certain persons or in certain countries. If you access Range outside the United States, you are responsible for compliance with local laws.
5.2. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using Range. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Range or any such third party charges as may arise. You accept responsibility for any such charges that arise.
5.3. If you are not the bill payer for the Mobile Device being used to access Range, you will be presumed to have received permission from the bill payer for using Range.
6.1. We will use reasonable efforts to make Range available at all times. However, you acknowledge that Range is provided over the Internet and mobile networks, and so the quality and availability of Range may be affected by factors outside Caravan Studio’s reasonable control.
6.2. Caravan Studios and its subcontractors do not accept any responsibility whatsoever for unavailability of Range, or any difficulty or inability to download or access content, or any other communication system failure that may result in Range being unavailable.
6.3. We will not be responsible for any support or maintenance for the Application.
7.1. Caravan Studios may from time to time in its sole discretion develop and provide Range updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Caravan Studios has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
7.2. You shall promptly download and install all Updates and acknowledge and agree that Range or portions thereof may not work properly should you fail to do so. You further agree that all Updates will be deemed part of Range and be subject to all terms and conditions of this Agreement.
8. THIRD PARTY MATERIALS. Range may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Caravan Studios is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Caravan Studios does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions
9. TERM AND TERMINATION.
9.1. The term of this Agreement commences when you download Range and will continue in effect until terminated by you or Caravan Studios as set forth in this Section 9.
9.2. You may terminate this Agreement by deleting Range and all copies thereof from your Mobile Device.
9.3. Caravan Studios may terminate this Agreement at any time by giving notice of termination to you, which Caravan Studios may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
9.4. Upon termination, (a) the rights granted to you under this Agreement shall terminate; (b) you must cease all use of Range and delete all copies of Range from your Mobile Device. Termination will not limit any of Caravan Studio’s rights or remedies at law or in equity.
10. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, In no event will Caravan Studios OR ITS AFFILIATES be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of any kind whatsoever arising out of your use or access to RANGE, including loss of profit or the like, REGARDLESS OF whether SUCH DAMAGES WERE FORESEEABLE or CARAVAN STUDIOS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND whether SUCH DAMAGES ARE based on breach of contract, tort (including negligence), product liability, or otherwise.
11. DISCLAIMER OF WARRANTIES. Range is provided to you "as is" and "as available" without warranty of any kind. To the maximum extent permitted by law, Caravan Studios expressly disclaimS all warranties, whether express, implied, statutory, or otherwise, with respect to Range.
12. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Caravan Studios and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of Range or your breach of this Agreement. Furthermore, you agree that Caravan Studios assumes no responsibility for the content you submit or make available through Range.
13. SEVERABILITY. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
14. GOVERNING LAW. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or Range shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the city of San Francisco and the county of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. WAIVER. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.