End User License Agreement
This End User License Agreement ("EULA") is a legal agreement between you and Whistle, Inc. ("Whistle") for use of the software ("Software") embedded on your Whistle-branded devices, (individually and collectively, the "Product"). BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS SET FORTH IN THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE; YOU MAY RETURN THE PRODUCT IN ACCORDANCE WITH OUR RETURN POLICY, IF APPLICABLE.
1. License Grant.
On and subject to the terms and conditions in this EULA, Whistle hereby grants to you a non-exclusive, non-transferable, limited license to use the Software embedded on the Product. The terms of this EULA will govern any upgrades provided by Whistle that replace or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The license rights granted under this EULA are limited to the first 30 days after you first use the Software unless you supply information necessary to activate your subscription to the Whistle pet location services ("Services"). You may activate the Service by downloading the Whistle Product Application located at the Apple App Store and Google Play.
You agree not to copy, create derivative works, reproduce, modify, or distribute the Software, or otherwise exceed the scope of the foregoing license. Subject to applicable law, you agree not to decompile, reverse engineer, disassemble, or otherwise attempt to learn the source code, structure, or algorithms underlying the Software. You agree not to (i) remove any copyright or other proprietary notice from the Software, (ii) sublicense or transfer the Software to a third party; (iii) extract or replace any part of the Software; or (iv) sell, rent, lease, lend, provide commercial hosting services, or otherwise transfer the Software for value. This EULA does not allow you to use the Software on a Product that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
3. No Other Rights.
Any rights not expressly granted to you are reserved by Whistle and its affiliates. Neither this EULA nor any act by Whistle pursuant to or in connection with this EULA (including, without limitation, the delivery or conveyance of any hardware or software product) shall be construed to provide expressly, by implication, by way of estoppel, or otherwise, any license or any rights under any patents, copyrights, or any other intellectual property rights of Whistle or its affiliates, except as expressly provided in Paragraph 1 of this EULA.
The Software is licensed and not sold. You agree that Whistle and its licensors retain all right, title, and interest in and to the Software and all copies of the Software, including all copyrights therein. The Software is protected by copyright and other intellectual property laws and treaties. Please see "Whistle Legal Agreements" available at www.whistle.com/legal/ for additional ownership, licensing, and warranty information about additional software components included with the Product, if any.
To use Software identified as an upgrade, you must first be licensed for the Software identified by Whistle as eligible for the upgrade. After upgrading, you may no longer use the Software that formed the basis for your upgrade eligibility. You acknowledge and agree that Whistle may automatically check the version of the Software or its components that you are utilizing and may provide upgrades or fixes to the Software.
6. Technical Information.
This EULA shall terminate immediately, without notice, if you fail to comply with any material term of this EULA. In addition, Whistle may terminate this EULA at any time upon notice to you and by posting notice on our website located at www.whistle.com. Upon termination you agree to immediately erase the Software from your Product and personal computer. Sections 2, 3, 4 and 7–12 shall survive the expiration or termination of this EULA.
8. Disclaimer of Warranty.
THE SOFTWARE IS LICENSED TO YOU ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON–INFRINGEMENT OR THAT USE OF THE SOFTWARE WILL BE UNINTERUPPTED OR ERROR-FREE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED WITH RESPECT TO THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED IN THOSE JURISDICTIONS. PRODUCTS MANUFACTURED AND SOLD BY WHISTLE MAY, IF APPLICABLE, BE COVERED BY WHISTLE’S LIMITED PRODUCT WARRANTY, A COPY OF WHICH CAN BE ACCESSED HERE.
9. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHISTLE, ITS MANUFACTURERS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, PARTNERS, RESELLERS, OR ANY OF THEIR AFFILIATES, SUCCESSORS, OR PERMITTED ASSIGNS, OR ANY OF THEIR OR THEIR AFFILIATES’ RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SOFTWARE OR THE OTHER MATTERS TO WHICH THIS EULA RELATES UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR:
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST DATA, LOST PROFITS, LOST CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING, WITHOUT LIMITATION, THE DUTIES OF GOOD FAITH OR REASONABLE CARE, NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
ANY AMOUNT IN THE AGGREGATE IN EXCESS OF $30.00, WHICH AMOUNT SHALL BE SUCH PERSONS’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY (EXCEPT, WITH RESPECT TO THE PRODUCT, ANY REMEDY OF REPAIR OR REPLACEMENT, AS ELECTED BY WHISTLE, WITH RESPECT TO ANY CLAIM UNDER WHISTLE’S LIMITED PRODUCT WARRANTY);
ANY DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
ANY MATTER BEYOND WHISTLE’S REASONABLE CONTROL.
The Software is subject to the export control laws and regulations of the United States and other jurisdictions. You agree to comply with all such laws and regulations.
11. U.S. Government End Users.
This section only applies to the U.S. Government or if you are or are acting on behalf of an agency or instrumentality of the U.S. Government. The Software is "commercial computer software" developed exclusively at private expense. Pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction, and disclosure of the Software is governed by the terms of this EULA.