Alert Samford

End User License Agreement.

By installing and using the Alert Samford® personal safety app (herein, the “App”), you are agreeing to be bound by the terms of this End User License Agreement (the “License”). This License is a legally binding agreement between you and Samford University (the “University”) governing your use of the App. You agree that your use of the App signifies that you have read this License, understand it, and that you agree to be bound by its terms and conditions. If you are the parent or legal guardian of a minor who is the intended user of the App, you are individually responsible for the obligations hereunder and for taking reasonable actions to ensure that the minor complies with the terms of this License.

Grant of Limited License. The University hereby grants you a nonexclusive, personal and limited license to install and use the App on one or more devices, together with all information, text, images and other data contained within the App (the “Content”). You may not use the App or any Content for any commercial purpose. You may not decompile, reverse engineer or disassemble the App or any Content. You may not modify, rent, lease, loan, sublicense, distribute, transmit, share (over a network or otherwise) or create derivative works based upon the App or any Content. This license does not authorize you to use the App or Content in any manner other than that set forth herein.
Acceptable Use. You agree to use the personal safety features of the App only for actual emergencies and safe arrival notifications. By using the App, you acknowledge that you assume sole responsibility for safe and proper use of the App and the service it facilitates. You are authorized to use the App only for the purposes described in this License. You may not use the App in a manner that would violate any law, or that facilitates or encourages anyone else to violate any law. You are the author of your own AlertSamford® messages, and you therefore assume responsibility for the content of such messages. You are advised to consider carefully the content of your messages, and to consider what actions may be taken by the recipients of such messages.
Usage Restrictions. You agree not to engage in unacceptable use of the App, including but not limited to the following: (i) creating a false identity or otherwise attempting to mislead any person as to your identity or the origin of any communication transmitted through the App; (ii) intentionally transmitting a false or unjustified alert through the App; (iii) disseminating or transmitting any messages that do not pertain to the intended use of the App, or that contain anything that is obscene, defamatory, harassing, offensive or malicious; (iv) disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the intellectual property right of any person or entity; (v) exporting, re-exporting or otherwise transmitting data, information or software in violation of any applicable export or import law, regulation or restriction; (vi) interfering with, disrupting or attempting to gain unauthorized access to information or other accounts making use of the App; (vii) attempting to copy, modify or reverse engineer the App or any of its Content; (viii) using the App without first agreeing to this License, as it may be amended from time to time; (ix) using the App in a manner that exploits or violates the personal privacy of another individual; and (x) engaging in any other activity deemed by the University to be in conflict with the spirit or intent of this License or the intended use of the App.
Ownership. The University retains all right, title and interest in and to the App and the Content, including but not limited to all intellectual property rights and excluding any personal content created by you. The App and Content are protected by the copyright laws of the United States and international copyright treaties. You agree to use your best efforts to prevent and protect the App and Content from unauthorized disclosure or use. Samford and/or its licensors and suppliers reserve all rights not expressly granted to you.
Location-Based Services. Many of the essential features of the App and services, by their nature, require the use of “location-based” services and technology. By using the App, you acknowledge that the location tracking features (e.g. GPS, etc.) of your mobile device must be enabled at all times when you are using the App. The University expressly disclaims any liability for the failure of the App to perform as intended if such features have been disabled or fail to function properly on your mobile device. In addition, the App, may collect, use and share precise location data, including the real-time geographic location of your mobile device as necessary in the provision of the services. Any additional use of this location data will be collected and stored anonymously in a form that does not personally identify you, and is used by the University and licensees to provide and improve the location-based products and services.
DISCLAIMER OF WARRANTY. YOU ASSUME SOLE RESPONSIBILITY FOR THE SAFE USE OF THE APP, AND FOR THE SAFETY OF YOURSELF AND ANYONE YOU CONTACT USING THE APP. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE UNIVERSITY FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE APP REMAINS WITH YOU. THE UNIVERSITY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP THAT THE FUNCTIONS CONTAINED IN THE APP OR THE SERVICES PERFORMED OR PROVIDED BY THE APP WILL MEET YOUR REQUIREMENTS THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE UNIVERSITY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
EMERGENCY RESPONSE LIMITATIONS. IF YOU USE THE APP AS A MEANS OF NOTIFYING THE SAMFORD UNIVERSITY DEPARTMENT OF PUBLIC SAFETY (“SUDPS”) TO PROVIDE YOU WITH ON-LOCATION ASSISTANCE BASED ON INFORMATION TRANSMITTED THROUGH THE APP, SUDPS WILL NOT BE ABLE TO RESPOND UNLESS IT CAN CONFIRM: (A) YOUR LOCATION WITHIN REASONABLE ACCURACY; AND (B) THAT AN EMERGENCY ACTUALLY EXISTS. THE UNIVERSITY CANNOT GUARANTEE THAT SUDPS WILL RESPOND WITHIN A SPECIFIC PERIOD OF TIME OR THAT THE MOST APPROPRIATE PERSONNEL WILL RESPOND.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE UNIVERSITY BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER 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 APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE UNIVERSITY 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. You assume sole liability for any damages arising from your modifications or attempts to modify the App. In no event shall the University’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.
Indemnification. You agree to hold harmless, indemnify and defend the University, and its trustees, officers and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims that you have violated any term or condition of this License or have breached any representation made by you in connection with the grant of this License.
Termination. Your rights under this License shall terminate automatically if you fail to comply with any of the terms and conditions of this License. No notice shall be required from the University to effectuate such termination. Upon termination, you must permanently delete the App from all devices onto which you have loaded the App.
Legal Compliance. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Miscellaneous. This License Agreement shall constitute the complete and exclusive agreement between you and the University concerning the App and the Content. Any rights not expressly granted herein are reserved. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances or of the remaining provisions hereof. This License Agreement shall be governed by the laws of the state of Alabama, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts in Jefferson County, Alabama, USA. Any and all unresolved disputes arising under this License Agreement shall be submitted to binding arbitration in Jefferson County, Alabama, USA. Any dispute, claim or controversy arising out of or relating to this License Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Jefferson County, Alabama, before a panel of three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on any award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You acknowledge that a violation of this License Agreement may cause irreparable harm to the University, and you agree that, in addition to any other remedies provided by law, the University shall be entitled to seek injunctive relief against any such violation without having to post a bond.