HPAtoolbox, Inc.


End User License Agreement


TrekTracker-Android Version TrekTracker Logo


Please read the following terms and conditions carefully before purchasing, downloading, installing, or using this Software (see definition below).


This End User License Agreement ("EULA") governs your use of this TrekTracker application software ("Software"), and any embedded third-party Services (see section 5), designed to run on a computing device utilizing the Android™ operating system ("Android device"), as provided by Google, Inc. ("Google"). It is a legal agreement between you and HPAtoolbox, Inc. ("HPAtoolbox"). HPAtoolbox may also license from other entities ("HPAtoolbox Licensors") the use of third-party materials and Services for inclusion in the Software.


If you do not understand the EULA, or do not agree to be bound by its terms and conditions, do not install the Software. If you have already installed the Software, you may exit the application by clicking the "Exit" button below. If you already purchased the Software, and do not agree to be bound by this EULA, you may be able to obtain a refund for your purchase, subject to the terms and conditions governing the purchase itself and the refund policies of the vendor or service from which you purchased the Software.


By clicking the "Accept" button or using the Software, you represent and warrant that you have the legal capacity to enter into this EULA, that you have read the EULA, that you understand it, and that you agree to be bound by its terms and conditions. If you are accepting these terms on behalf of another person or a company or other legal entity, you represent and warrant that you have full authority to bind that person, company, or other legal entity to this agreement, in which event "You" and "Your" shall refer to you AND such person, company, or legal entity.


HPAtoolbox reserves the right to change or modify this EULA or any other HPAtoolbox policies related to use of the Software or Services at any time, and at its sole discretion, by posting revisions on the Internet at http://trektracker.hpatoolbox.com/EULA.php. Continued use of the Software and Services following the posting of these changes or modifications will constitute acceptance of such changes or modifications.


The numbered section titles following are for organizational convenience of reference only and are not intended to have substantive significance.


1. LICENSE GRANT. Subject to the terms of this EULA, HPAtoolbox grants you a non-exclusive, non-transferable license to use the Software for personal, non-commercial use, as an executable program on up to three (3) Android devices that you own or control. No rights to the use of any HPAtoolbox, or HPAtoolbox Licensor, names, logos or trademarks are conveyed by this License. This License Agreement is not for the sale of Software or any other intellectual property. All right, title and interest, and all intellectual property rights in and to the Software is owned by HPAtoolbox or HPAtoolbox Licensors. Except as expressly stated in this EULA, no other rights are granted to you by implication, estoppel, or otherwise, under any patent, copyright, trade secret, trademark, or other intellectual property right.


2. LICENSE RESTRICTIONS. You may not redistribute, sublicense, rent, publish, sell, assign, lease, market, or transfer the Software, or make it available to any third-party. You agree to preserve all copyright and other proprietary rights notices on the Software and all copies.


3. COPYRIGHTS AND TRADEMARKS. The Software is owned by HPAtoolbox, the HPAtoolbox Licensors, or its suppliers and protected by copyright laws and international treaties. You may not copy the Software other than as expressly provided in this License. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive or extract the source code for the Software, or use any part of the Software for any use other than that for which it was supplied by HPAtoolbox, unless specifically authorized by HPAtoolbox. You may not modify, adapt, alter, translate, or create derivative works from the Software.


Android™ is a trademark of Google, Inc., registered in the U.S. and other countries. All other trademarks appearing in the Software, Services or EULA are the property of their respective owners.


4. DURATION/TERM. This EULA is effective until terminated by you or by HPAtoolbox. You may terminate this EULA at any time by uninstalling and deleting the Software from your Android device, along with copies in any form. The EULA will automatically terminate if you fail to comply with any terms or conditions of this EULA. You agree that upon termination of the EULA for any reason, you will uninstall and delete the Software from your Android device, along with copies in any form on any other device or storage medium.


5. SERVICES. The Software may utilize or enable access to HPAtoolbox services and websites, or those of third-party providers (collectively "Services"). Use of the Services may require Internet access via broadband, WiFi, or other means, and you agree to additional terms of service by making use of these Services. You acknowledge that HPAtoolbox is not responsible for any additional network usage charges that may be incurred by you through your use of the Software.


By using the Services, you acknowledge and agree that HPAtoolbox is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of third-party Services. HPAtoolbox does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for third-Party Services. Location data provided by any of the Services is for basic informational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither HPAtoolbox, nor HPAtoolbox Licensors, nor any of its Service providers, guarantees the availability, accuracy, completeness, reliability, or location data displayed by any of the Services.


You agree that the Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever.


In addition, third-party Services that may be accessed from, displayed on or linked to from your Android device may not be available in all languages or in all countries. HPAtoolbox makes no representation that such Services are appropriate or available for use in any particular location. To the extent you choose to access such Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to, applicable local laws.


a. Google Play. The Software may utilize features or services provided by the Google Play infrastructure ("Google Play"), including, but not limited to, license validation; update notifications, downloads, and installations; and purchase/billing for additional feature extensions. You agree to be bound by the Google Play Terms of Service, which may reference or incorporate other terms and conditions, which may be found at http://play.google.com/about/terms.html.


6. UPDATES, UPGRADES, AND EXTENSIONS. The Software may contain features that enable HPAtoolbox, or one of the third-party Services, to notifiy you via the Internet of available software updates, upgrades, promotions, products, services, or purchaseable feature extensions in which you may be interested; to update product data files, executable code, or other content in the Software; and to collect non-personally identifiable usage data ("Updates, Upgrades, and Extensions"). You agree that HPAtoolbox may utilize these features to provide such notices and updates. You also agree that HPAtoolbox is not obligated to provide any such Updates, Upgrades, and Extensions to the Software.


7. PRIVACY. The Software may collect or transmit non-personally-identifiable technical information about your Android device, the system software running on the Android device, and/or the Software itself, in order to facilitate the use of the Services or Updates, Upgrades, and Extensions, or other product support, including license validation. You agree that HPAtoolbox may use this information.


8. WARRANTY DISCLAIMER. The Software is provided to you "AS IS". HPAtoolbox and HPAtoolbox Licensors do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. You assume responsibility for operation of the Software, and for the installation, use, and results obtained from the Software.


Subject to any applicable legislation which prohibits the following exclusions, HPAtoolbox and HPAtoolbox Licensors make no warranties and disclaims all warranties of any kind related to the Software, either express or implied, including the implied warranties of satisfactory quality, of fitness for a particular purpose, of accuracy, and non-infringement of third party rights, or arising from course of performance, dealing, usage or trade. Some jurisdictions do not allow the exclusion of implied warranties, or have legislation that imposes certain statutory warranties that cannot be excluded, so the above exclusion may not apply to you.


Under no circumstances will HPAtoolbox be responsible for any loss or damage, including personal injury or death, resulting from use of the Software or Services.


9. LIABILITY LIMITATION. Your use of the Software is entirely at your own risk. Under no circumstance will HPAtoolbox, HPAtoolbox Licensors, its agents, or suppliers be liable to you on account of your use or misuse of, or reliance on, the Software. To the extent not prohibited by law, in no event shall HPAtoolbox be liable for personal injury, or any incidental, special, indirect or consequential 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 Software or Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if HPAtoolbox has been advised of the possibility of such damages. In no event shall HPAtoolbox'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 the price paid for the Software, if any. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation that restricts the limitation or exclusion of liability, so the above limitation may not apply to you.


10. EXPORT RESTRICTIONS. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software 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 Software, 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 these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.


11. U.S. GOVERNMENT END USERS. This Section applies to all acquisitions of the Software by or for the United States federal government, or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other activity with the United States federal government. The Software is a "commercial item" as that term is defined in 48 C.F.R. 2.101 (October, 2004) consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 227.7202-1, 227.7202-3, 227.7202-4 (October, 2004). If you are in the U.S. Government or any agency or department thereof, the Software is licensed (a) only as a commercial item and (b) with only those rights as are granted hereunder.


12. GOVERNING LAW AND RELIEF. If you obtained the Software in the United States, this EULA is governed by the laws of the State of Delaware. If the Software was obtained outside of the United States, this EULA is governed by the laws of the country in which you obtained it. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. HPAtoolbox has the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.


13. GOOGLE AS THIRD-PARTY BENEFICIARY. Google is a third-party beneficiary to this Agreement. Upon your acceptance of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement.


14. UNENFORCEABILITY OF PROVISIONS. If any provision of this EULA, or any portion thereof, is held to be invalid and unenforceable, then the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA shall continue in full force and effect.


15. SUCCESSORS AND ASSIGNS. You may not assign your rights under this EULA to anyone else. All of the provisions of this EULA shall be binding upon you, and to HPAtoolbox and its successors, and assigns.


16. ENTIRE UNDERSTANDING. This EULA constitutes the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.