Wolf Mobile, Inc.
End User License Agreement
BY DOWNLOADING, INSTALLING OR USING ONE OF THE FOLLOWING APPS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS SET FORTH IN THIS END USER LICENSE AGREEMENT (“EULA”). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE APP.
APPs and Service
“APPs” means the “ECONZ TIMECARD TM , ECONZ TIMECARD LITE TM , ECONZ TIMECARD LBS TM , ECONZ TIMECARD GPS TM , ECONZ ESERVICE TM AND ECONZ ESERVICE LBS TM applications that are owned by Wolf Mobile, Inc., a California corporation and/or its licensors (“Provider”). APPs are licensed by Provider to Customers and/or their Designated Users directly or through a wireless carrier authorized by Provider (“Carrier”). Services provided by Provider through use of the App is sometimes referred to as “Service”.
Customer and Designated User
“Customer” means a person or entity who has entered an agreement with Provider or a Carrier to use the App in connection with Customer's Designated Users. “Designated User(s)” means employees, consultants, or independent contractors of a Customer who are authorized to download the App on a compatible, wireless communication device (the “Device”) to wirelessly transmit Information for use by Customer. Customer will ensure that each and every Designated User understands and agrees that by downloading and using the App, such Designated User has agreed to comply with the terms, conditions, and restrictions of this EULA. Customer is solely responsible for each Designated User's use of the App, compliance with the terms and conditions of this EULA, and for payment of the applicable fees for such use. Customer and its Designated Users are sometimes referred to as “You” in this EULA. Customer's Carrier may impose additional terms and conditions for Your use of the App and Services, but in the event of any conflict between Carrier's terms and conditions and the terms and conditions of this EULA, the terms and conditions of this EULA will supersede such contradictory terms and will control your use of the App and the Services. Customer is solely responsible for the selection of the App to achieve its intended results, and for the installation, use and results obtained from the App and the Service.
Location Based Services (LBS) - Global Positioning System (GPS)
Provider and its partners and licensors provide certain features or services through the Service that rely upon Device-based location information. The App will allow Provider to capture and track certain time, event and location data (collectively, the “Information”) of a Designated User and wirelessly transmit that Information via a Device to a server owned or managed by Provider (“Server”) for storage and retrieval as part of the Service to Customer. To provide such features or services, where available, Provider and its partners and licensors may collect, use, transmit, process and maintain a Designated User's location data, including the real-time geographic location of Designated User's Device. You hereby agree and consent to Provider's and its partners' and licensors' collection, use, transmission, processing and maintenance of such location data to provide such Services. In addition, by enabling and/or using any location-based services or features within the Service, You agree and consent to Provider collecting, using, processing and maintaining information related to Your account, and any Devices registered thereunder, for purposes of providing such location-based service or feature to Customer. Such information may include, but is not limited to, Your name or identification, Device identification, Device type, and real-time geographic location of Your Device at time of Customer's request. You may withdraw this consent at any time by not using the location-based features or by turning off the location services settings (as applicable) on the Device. Any location data provided by the Service is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Provider and Carrier do not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data or any other Information displayed by the Service and disseminating personally identifiable information about yourself or the location to third parties.
CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING THAT EACH DESIGNATED USER UNDERSTANDS THAT BY DOWNLOADING THE APP TO SUCH DESIGNATED USER'S DEVICE AND USING SUCH APP, THE DESIGNATED USER HAS CONSENTED TO THE COLLECTION, USE, PROCESSING, AND MAINTAINING OF LOCATION-BASED INFORMATION PROVIDED BY THE DESIGNATED USER'S DEVICE AS SET FORTH IN THIS SECTION.
You will use the App on one (1) Device compatible with the App solely for Your own lawful use and for no other purpose. You or Customer are solely responsible for providing your own Device on which the App is downloaded and used. You or Customer are responsible for providing a wireless communication/data plan with Carrier selected by Customer that is authorized to provide wireless services in connection with the Device and use of the App. Airtime charges apply to use of the App. Please be sure to add an unlimited data plan to your cellular service price plan. If you choose not to add an unlimited data plan you will incur (depending on your plan) airtime changes at applicable coverage rates if you exceed your minutes bundle or you will be changed per megabyte ("MB") at a per MB rate set by your Carrier for downloading the App and /or any data usage for the App. Service could be interrupted or disrupted due to atmospheric conditions, inaccurate ephemeris data or other factors associated with the use of satellites and satellite data. Internet access is required for use of the App to have access to web portal to view reporting.
Safe and Lawful Use
You will not attempt to use the App or to enter or change information through the Device while driving, operating heavy machinery, or at any other time when your full attention is required for an activity other than using the Service. You will observe the safety and usage policies of Customer, Carrier and service providers which can be found at on their websites with respect to use of the Device, wireless services, the App and Services provided via the App. You will not, either directly, or through any employee, agent, or third party, use the APP or Services in a manner that is prohibited by any law or regulation, that violates any third party rights or that facilitates the violation of any law, regulation or third party rights, or that would disrupt any third party use or enjoyment of any Services provided by Provider.
Subject to Customer's payment in full of the applicable license fees for the Service, and subject to ongoing compliance with the terms and conditions of this EULA by Customer and Designated Users, Provider grants you a personal, non-exclusive, non-transferable limited license to install the object code version of the App on one Device and to use the App on such Device as part of the Service in accordance with this EULA; provided that you hereby agree you will not (and will not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the App, or remove any copyright or other proprietary notice from the App. All rights not expressly granted are reserved by Provider. This EULA shall terminate immediately, without notice, if you fail to comply with any material term of this EULA. Upon termination you agree to immediately erase the App from your Device.
As part of the Service, you may from time to time receive updates to the App from Provider which may be automatically downloaded and installed to your Device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the App. You agree that Provider may automatically deliver such updates to you as part of the Service and you shall receive and install them as required. Any such update will be licensed on the same terms and provisions as the App under this EULA.
The limited license to use the APP and Services, is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Provider if you fail to comply with any term(s) of this EULA. Upon the termination of this limited license, you shall cease all use of the APP and destroy all copies, full or partial, of the APP. The provisions of this EULA titled Ownership, Indemnification, Hosted Application, Disclaimer of Warranties, Limited Liability, and Miscellaneous shall survive any such termination.
You acknowledge and agree that Provider and/or its licensors own all legal right, title and interest in the Service, and any software provided to you as a part of and/or in connection with the Service, including the App, any updates, and any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the App, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree to erase an App from your Device upon receipt of notice or termination of the Service.
In connection with the provision of Service, Provider will host and manage an internet based interface which will store all transmitted Information on its Servers for a period of thirty (30) days and through which Customer may access the Information and generate reports using the Information. Your use of the APP and Services, shall constitute your acknowledgment of the sufficiency of the protection measures in place at the location of the Servers used by Provider to host the internet based interface and retain the Information as provided herein. YOU ACKNOWLEDGE AND AGREE THAT THE SECURITY SOLUTIONS PROVIDED BY THE THIRD PARTY ENTITY WHICH HOSTS THE SERVERS USED BY PROVIDER (1) DO NOT GUARANTEE NETWORK SECURITY OR PREVENT SECURITY INCIDENTS AND (2) ARE NOT INTENDED TO BE A COMPREHENSIVE SECURITY SOLUTION, BUT MERELY ONE PART OF A COMPREHENSIVE AND ONGOING SECURITY PLAN.
Disclaimer of Warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROVICER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE APP PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVIDER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE EULA.
Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE. In no event shall PROVIDER'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 fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree to defend, indemnify and hold Provider, Carrier and affiliated service providers, and their respective affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors (the “Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys' fees, made by you or a third party, relating to or arising from: (a) any data or content you submit, post, transmit, or otherwise make available through the App; (b) your use or abuse of the App and/or Service; (c) any violation by you of the terms of this EULA; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of the license of the App and/or your use of the Services provided through the App. You acknowledge that you are responsible for all use of App using your account, including any use by sub-accounts, and that this EULA applies to any and all usage of your account, including any use by sub-accounts. You agree to comply with this EULA and to defend, indemnify and hold harmless the Indemnified Parties (as defined above) from and against any and all claims and demands arising from usage of your account or any sub-account, whether or not such usage is expressly authorized by you.
You may not use or otherwise export or re-export the APP or Services except as authorized by United States law and the laws of the jurisdiction in which the APP was obtained. In particular, but without limitation, the APP may not 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 APP, 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 APP for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
Government Customers and End Users
The APP 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 of this EULA. Unpublished-rights reserved under the copyright laws of the United States .
This EULA is governed by the laws of the State of California , USA , without regard to California 's conflict of law principles. The United Nations Convention on Contracts for the Sale of International Goods does not apply to this EULA. If any provision hereof is held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this EULA shall not be affected thereby. This EULA constitutes the entire agreement between you and the Provider regarding its subject matter and supersedes any prior agreement, whether written or oral, relating to the subject matter of this EULA. No modification or alteration of this EULA will be valid except in writing signed by you and the Provider. You agree that any claim or cause of action arising out of or related to these EULA or the use of the APP or Service must be filed within one (1) year after the cause of action arose or be forever barred.
You understands that Provider makes no representation or warranty as to the security or privacy of Information transmitted wirelessly through use of the APP. Customer and its Designated Users acknowledge that wireless transmissions of Information are neither secure nor private. Customer and Designated Users acknowledge that the APP has been designed to employ the Device's GPS capabilities to report the location coordinates of the Device and such location coordinates will be transmitted to Provider's Servers for storage and retrieval unless Designated User turns off the Device's GPS capabilities. You agree that Provider may use any aggregated Information, including, but not limited to location coordinates of the Device and the time stamp when the Information was received, for its bona fide business purposes so long as such aggregated Information does not disclose any individually identifiable Information of a Designated Users. Also, you agree that Provider may use your personally identifiable Information in connection with the provision of Services to Customer. This Information is retained for the length of time customer has APP downloaded and is accessible only by Customer for timekeeping and attendance purposes.
Provider does not sell, trade, or otherwise transfer to outside parties your personally identifiable Information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable Information may be provided to other parties for marketing, advertising, or other uses.
Provider suggests you print out a copy of this EULA for your records. Should you have any questions concerning this EULA, you may contact Provider by writing to Wolf Mobile, Inc., Software Sales & Support, 202 Fashion Lane #221 Tustin, Ca. 92780 USA, by telephoning Provider at: 866-573-2669, or via email@example.com .