QUIK APP LICENSE AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE QUIK MOBILE DEVICE APPLICATION (THE “QUIK APP”). THE TERMS AND CONDITIONS OF THIS QUIK APP LICENSE AGREEMENT (“AGREEMENT”) GOVERN USE OF THE QUIK APP UNLESS YOU AND GOPRO, INC. (“GOPRO”) HAVE EXECUTED A SEPARATE AGREEMENT GOVERNING USE OF THE QUIK APP. THIS APP MAY SEND GOPRO CERTAIN INFORMATION AS DESCRIBED BELOW AND THIS INFORMATION IS GOVERNED BY GOPRO’S PRIVACY POLICY. BY DOWNLOADING, INSTALLING OR USING THE QUIK APP, YOU HAVE INDICATED THAT YOU UNDERSTAND AND AGREE TO (1) THIS AGREEMENT AND (2) GOPRO’S PRIVACY POLICY.
GoPro is willing to license the Quik App to you only upon the condition that you accept all the terms contained in this Agreement and in the GoPro Privacy Policy (available at https://gopro.com/legal/privacy-policy). If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, “you” and “your” will refer to that company or other legal entity. If you do not accept all the terms of this Agreement, then GoPro is unwilling to license the Quik App to you, and you may not download, install or use the Quik App.
1. License and Restrictions. Subject to your compliance with the terms and conditions of this Agreement, GoPro grants you a non-exclusive and non-transferable license to download and install one (1) copy of the Quik App on any mobile device or computer that you own or control, solely for your own personal use. You may not: (i) copy, modify or distribute the Quik App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Quik App to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Quik App; (iv) make the functionality of the Quik App available to multiple users through any means; or (v) use the Quik App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement. GoPro reserves all rights in and to the Quik App not expressly granted to you under this Agreement.
2. Ownership. The Quik App is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, GoPro (or its licensors) exclusively owns all right, title and interest in and to the Quik App, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Quik App. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Quik App (“Feedback”) will be the sole and exclusive property of GoPro and you hereby irrevocably assign to GoPro all of your right, title and interest in and to all Feedback.
3. Data Collection. To facilitate product support, product development and improvement as well as other services to you and other GoPro customers, you agree that GoPro may collect certain information about your use of the Quik App as described in our Privacy Policy (available at: https://gopro.com/legal/privacy-policy).
4. Term. The license granted under this Agreement remains in effect until terminated in accordance with this Agreement. You may terminate the license at any time by destroying all copies of the Quik App in your possession or control. The license granted under this Agreement will automatically terminate, with or without notice from GoPro, if you breach any term of this Agreement. Upon termination, you must delete all copies of the Quik App in your possession or control.
5. Disclaimers. You understand and agree that the Quik App is provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, GOPRO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GoPro makes no warranty that the Quik App will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
6. Limitation of Liability. GOPRO’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE QUIK APP AND IN NO EVENT WILL IT EXCEED $50. GOPRO WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE QUIK APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GOPRO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7. U.S. Government End Users. The Quik App and any related documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer application” and “commercial computer application documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Quik App and any related documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Quik App and any such documentation will be only those specified in this Agreement.
8. Export Control. You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Quik App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Quik App, you 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.
9. General. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without GoPro’s prior written consent, and any attempt by you to do so, without such consent, will be void. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, by email or by certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent to such other address as may be specified by either party to the other in accordance with this section. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. GoPro reserves the right to modify this Agreement and will give you reasonable notice of any material changes. Your continued use of the Quik App after such notice will indicate your consent to any such changes. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. This Agreement and the GoPro Privacy Policy is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and GoPro have executed a separate agreement.
10. Contact Information. You may contact GoPro through https://community.gopro.com/ or by mail at 3025 Clearview Way, San Mateo, CA 94402.