LIVE BODY CAM
MOBILE APPLICATION END USER LICENSE AGREEMENT
Last updated: November 4, 2022
This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and NovoTrax ,dba Live Body Cam and/or its affiliates (“LBC”, “we”, “us”, “our”). This Agreement governs your use of the Live Body Cam Mobile Application through the Apple App Store and/or the Google Play Store, including all related documentation (the “App”).
BY DOWNLOADING, INSTALLING, ACCESSING, OR OTHERWISE USING THE APP, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THAT THE APP IS LICENSED, NOT SOLD, TO YOU; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, ACCESS, OR OTHERWISE USE THE APP.
AS AN END USER OF LIVE BODY CAM YOU AS AN END USER OF LIVE BODY CAM YOU ACKNOWLEDGE AND AGREE THAT LIVE BODY CAM CAN USE THE CAMERA AND MICROPHONE ON YOUR SMARTPHONE TO PASS VIDEO AND AUDIO TO PEOPLE YOU DESIGNATE TO SEE YOUR VIDEO AND TO HEAR YOUR AUDIO. YOU ARE SOLEY RESPONSIBLE FOR ACCESS GRANTED TO PERSONS TO SEE AND HEAR YOUR RECORDINGS. YOU ALSO ACKNOWLEDGE AND AGREE TO LET LIVE BODY CAM TRACK YOUR LOCATION ON A GPS MAP AND DOCUMENT WHEN AND WHERE SUCH RECORDINGS ARE MADE. AND AGREE THAT LIVE BODY CAM CAN USE THE CAMERA AND MICROPHONE ON YOUR SMARTPHONE TO PASS VIDEO AND AUDIO TO PEOPLE YOU DESIGNATE TO SEE YOUR VIDEO AND TO HEAR YOUR AUDIO. YOU ARE SOLEY RESPONSIBLE FOR ACCESS GRANTED TO PERSONS TO SEE AND HEAR YOUR RECORDINGS. YOU ALSO ACKNOWLEDGE AND AGREE TO LET LIVE BODY CAM TRACK YOUR LOCATION ON A GPS MAP AND DOCUMENT WHEN AND WHERE SUCH RECORDINGS ARE MADE. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU ARE SOLEY RESPONSIBLE FOR THE SAFE CARE AND KEEPING OF YOUR USERNAME AND PASSWORD AND OTHER ACCESS INFORMATION TO USE THE LIVE BODY CAM APP OR THE LIVE BODY CAM WEBSITES.
1. License Grant. Subject to the terms of this Agreement, LBC grants you a limited, non-exclusive, non-transferable, and revocable license to download, install, and use the App for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation.
2. License Restrictions. Licensee shall not:
a. Copy the App, except as expressly permitted by this Agreement;
b. Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patent-able, copyrightable, or registrable under intellectual property laws, from the App or any documentation concerning the App;
c. Reverse engineer, disassemble, de-compile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
d. Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
e. Rent, lease, lend, sell, sub-license, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
f. Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App;
g. Infringe or violate the intellectual property rights of other parties including copyrights, trademarks, patents, and trade secrets.
3. User Requirements. You may only use the App if you can legally form a binding contract with LBC, and only in compliance with this Agreement and all applicable laws of the jurisdiction in which you access and/or use the App. If you are under the legal age of maturity in your jurisdiction, you must obtain permission from your parent or legal guardian to accept this Agreement. By using the App, you represent and warrant that you have obtained this permission.
4. Prohibited Uses. You agree not to use the App in any manner or for any purpose that is unlawful, or otherwise prohibited by this Agreement. By way of example only, and not as an exhaustive list, you agree not to use the App:
a. to abuse, harass, threaten, or intimidate any person;
b. to impersonate, or misrepresent your affiliation with, any other person or entity;
c. for any purpose that is not permitted under the laws of the jurisdiction where you use the App;
d. to publish, transmit, or in any way distribute any audio, video, text, images, materials, code, information, or any other content of any nature that:
i. are protected by copyright, trademark, trade secret, patent, or other intellectual property rights, or derivative works of such protected materials, except where you have first obtained permission from the owner of such rights;
ii. are, as determined by LBC, unlawful, threatening, harassing, offensive, profane, tortuous, defamatory, vulgar, obscene, pornographic, libelous, defamatory, deceptive, abusive, fraudulent, invasive of other’s privacy (INCLUDING THAT OF CHILDREN), or any hateful, or that contain explicit or graphic descriptions or accounts of sexual acts; or
iii. constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability.
5. Intellectual Property. All rights, title, and interest in and to the App, including, but not limited to, copyrights, patents, trademarks, trade names, service marks, trade dress, trade secrets, and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to LBC. This App contains text, photographs, videos, audio, illustrations, graphics, images, logos, trademarks, service marks, trade dress, trade names, and other intellectual property (“Intellectual Property”) protected by federal, state, and foreign copyright, trademark, intellectual property, and other applicable laws, rules, and regulations. This App is licensed to End User for use pursuant to this Agreement and is not sold. Nothing in this Agreement or otherwise pertaining to the use and acquisition of the App creates in End User any right, title, or claim of ownership to the App or any intellectual property rights therein or relating thereto. LBC owns all substantial rights, title, and interest in and to the Intellectual Property, including the right and standing to bring suit with respect to any past, present, and future infringement, misappropriation, violation or misuse. Any act of infringement, misappropriation, violation, or misuse of the Intellectual Property and protected content on the App may result in immediate action including terminating your access to the App, civil liability, and any and all other rights and remedies, in law or in equity, available as a result of your actions.
6. User Content. All videos, files, data, and content recorded, created, or generated from your use of the App is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content that you create. LBC shall not be responsible or liable in any way for the User Content that the End User creates or produces; the viewpoints or opinions expressed therein; or the End User’s choice to publish, post, or otherwise distribute User Content. LBC does not endorse any User Content that the End User creates or produces; the viewpoints or opinions expressed therein; or the End User’s choice to publish, post, or otherwise distribute User Content. You represent and warrant that you are solely responsible and liable for any loss or damage arising from or related to the User Content that you create using the App, including any viewpoints or opinions expressed therein; and the choice to publish, post, or otherwise distribute User Content.
LBC and Pro Version: You additionally represent and warrant that you are solely responsible and liable for any loss or damage arising from or related to: the choice to store User Content on LBC servers; and the choice to share User Content with other End Users on LBC servers.
7. Reservation of Rights. LBC reserves all rights not expressly granted to you in this Agreement. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. LBC reserves and shall retain all ownership, rights, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. Live Body Cam also reserves the right to change the published sale price at any time.
9. Information You Provide to Third Parties. You acknowledge that you may provide personal or other information to third parties that may be displayed by LBC on the App through your use of the App. The provision of this information by you to these third parties may be subject to such third parties’ terms and conditions. LBC does not assume and will not have any liability or responsibility to you or any other person or entity for such information. The App may display, include, or make available content (including data, information, applications, and other products, services, and/or materials) from third parties including data based on your service selections, instructions, and/or consent to such third parties.
10. Updates. LBC may from time to time in its sole discretion develop and provide App updates, which may include upgrades, supplements, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. LBC has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. All Updates will be deemed part of the App and are subject to all terms and conditions of this Agreement.
11. Third-Party Materials. LBC may display, include, or make available on the App content from third parties or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that LBC is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, trademark compliance, intellectual property compliance, legality, decency, quality, or any other aspect thereof. LBC does not endorse or make any representations about the third parties, their websites, or any content or advertisements, or material found therein. LBC does not endorse or make any representations about the Third-Party Materials, or any results or consequences that may result from using said products or services. If you decide to access any of the Third-Party Materials linked to the App, you do so entirely at your own risk. LBC disclaims liability for any consequences that arise as a result of your use of these Third-Party Materials or as a result of the content on any linked website. Third-Party Materials and links thereto are provided solely as a convenience to you, and you may access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
12. Term and Termination.
a. This Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or LBC as set forth in this Section 12.
b. You may terminate this Agreement by deleting your account and the App (and all copies thereof) from your Mobile Device(s).
c. LBC may terminate this Agreement at any time without notice if it ceases to support the App, which LBC may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
d. Upon termination:
i. All rights granted to you under this Agreement will also terminate; and
ii. You must cease all use of the App and delete all copies of the App from your Mobile Device(s).
e. Termination will not limit any of LBC’s rights or remedies at law or in equity.
13. DISCLAIMER OF WARRANTIES. THE APP IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LBC, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, LBC PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LBC OR THROUGH THE APP SHALL CREATE ANY RESPONSIBILITY OR WARRANTY NOT EXPRESSLY MADE IN THESE TERMS. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE APP IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE APP, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
14. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LBC OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES, HAVE ANY LIABILITY INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR DIRECT DAMAGES IN AN AMOUNT THAT IN THE AGGREGATE EXCEED 100.00 USD, FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO: (1) YOUR ACCESS TO OR USE OF THE APP OR INABILITY TO ACCESS OR USE THE APP; (2) USER CONTENT, INCLUDING WITHOUT LIMITATION, USER CONTENT THAT IS DEFAMATORY, LIBELOUS, OFFENSIVE, HARASSING, THREATENING, OBSCENE, PROFANE, VULGAR, PORNOGRAPHIC, TORTIOUS, ABUSIVE, FRAUDULENT, INVASIVE OF ANOTHER’S PRIVACY, HATEFUL, THAT CONTAINS EXPLICIT OR GRAPHIC DESCRIPTIONS OR ACCOUNTS OF SEXUAL ACTS, THAT CONSTITUTES INFRINGEMENT OF COPYRIGHT, TRADEMARK, TRADE SECRET, PATENT, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR DERIVATE WORKS THEREOF, OR THAT CONSTITUTES OR ENCOURAGES CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENSE OR GIVE RISE TO CIVIL LIABILITY; OR (3) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF USER CONTENT. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LBC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. INDEMNIFICATION. YOU WILL INDEMNIFY AND HOLD HARMLESS LBC , INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONSULTANTS FROM ANY DAMAGES, LIABILITIES, COSTS, EXPENSES, CLAIMS, DEMANDS, LOSSES, AND LAWSUITS, INCLUDING COURT COSTS AND ATTORNEYS’ FEES, ARISING FROM YOUR USE OF THE APP, THE USE OF YOUR APP OR ACCOUNT BY ANOTHER, OR YOUR VIOLATION OF LAW OR ANY PROVISION OF THIS AGREEMENT.
16. Compliance with Applicable Law. The End User is responsible for understanding and complying with all laws, regulations, rules, and orders governing the use of the App, including without limitation export control laws and regulations and laws governing intellectual property and confidentiality. By accessing and/or using the App, you represent and warrant that your access to or use of the App does not violate the law of the jurisdiction in which you access and/or use the App or the law of the jurisdiction in which another End User accesses and/or uses the App.
17. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision shall survive to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.
18. Waiver. The failure or delay of LBC to insist upon strict adherence to any provision of this Agreement should not be considered a waiver and will not deprive LBC of the right thereafter to insist upon strict adherence to or enforcement of that provision or any provision of the Agreement.
19. Governing Law and Dispute Resolution. This Agreement and any matter relating to the App will be governed and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of law rules. You agree that any dispute, claim, or controversy arising from or relating to this Agreement or its breach, termination, enforcement, interpretation, or validity shall be filed and is subject to the exclusive jurisdiction of the State or Federal District Courts located in Waco, McLennan County, Texas. You hereby consent to the venue of such Courts and waive any defense you may have to the jurisdiction, convenience, or venue of such Courts.
20. Entire Agreement. This Agreement constitutes the entire agreement between you and LBC with respect to the App and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.