Sydney Waterfront District Walking Map App End User License Agreement
Last Updated: June 2016 (Application ver. 1.0)
This End User License Agreement (the “Agreement”) is between you (the “User”) and Port of Sydney Development Corporation (“The PORT”) and governs use of the SYDNEY WATERFRONT application (the “APP”) made available through the Apple App Store. By installing the App, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you must immediately uninstall the App and discontinue its use. The continued use of the App signifies your continued acceptance of these terms and any changes to them.
The PORT may collect and use information about your usage of the App, including certain types of information from and about your device. The PORT may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the App.
3. Limited License
The PORT grants you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes. You may only use the App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions
Only individuals thirteen (13) years of age or older may use the App. Users between the ages of thirteen (13) and eighteen (18) must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms. Should your parent or legal guardian not acknowledge and agree to these Terms, you must immediately uninstall the App and discontinue its use.
5. Third-Party Content
News, events, and location information found within the App is provided by the official agent for businesses listed within the App. The User agrees to indemnify and hold harmless The PORT from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to content uploaded by a third party.
The User agrees to indemnify and hold harmless The PORT, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the App, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Application, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. The PORT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
7. No Warranties
The PORT is providing the App and content to the user “AS IS” and “AS AVAILABLE” without any warranties or representations, expressed or implied. The User uses the App at his or her own risk. To the fullest extent allowable under applicable law, The PORT disclaims all warranties, whether express or implied, including any warranties that the application is reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects or able to operate on an uninterrupted basis, or that the use of the application by the user is in compliance with laws, or that user information transmitted in connection with the application will be successfully, accurately, or securely transmitted.
8. No Liability
To the fullest extent allowable under applicable law, in no event shall The PORT or its agents or anyone involved in creating or providing the App or content (A) be liable to the User with respect to use of the App; and/or (B) be liable to the User for any direct, indirect, special, incidental, consequential, punitive, exemplary or other damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft, corruption of user information, the inability to use the application, or device failure or malfunction. The User’s sole remedy is to cease use of the APP. The PORT, its agents and anyone involved un creating or providing the App or content shall not be liable even if any of them or any authorized representative of them has been advised of the possibility of such damages, including without limitation damages or injury caused by error, omission, interruption, defect, failure of performance, unauthorized use, delay in operation or transmission, line failure, computer virus, worm, trojan horse or other harm.
In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall The PORT, its agents or anyone involved in creating or providing the App or content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $100, whichever is less.
9. Maintenance and Support
The PORT does provide minimal maintenance or support for the App but not to the extent that any maintenance or support is required by applicable law.
These Terms are governed and construed in accordance with the laws of the Province of Nova Scotia, Canada. In the event that any specific portion of this contract is deemed legally unenforceable, the remaining portion of these terms is still considered valid to the maximum extent allowable by Province of Nova Scotia law. Failure of The PORT to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
11. Modification of these Terms
The PORT reserves the right to change or modify these Terms or any other terms, conditions, or policies related to use of the App (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the The PORT website (http://www.sydneyport.ca/app-terms-of-use/) or within this App. Continued use of the App following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of The PORT shall have any legal effect as a waiver by The PORT of any Terms of this Agreement.
12. Third Party Beneficiary
User agrees that The PORT service providers, licensors, or others involved in creating or providing the App are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
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