THIS LICENSE AGREEMENT AND TERMS OF USE ("TERMS OF USE") IS AN AGREEMENT BETWEEN YOU AND AMAZON LOGISTICS, INC. ("AMAZON" OR "WE") THAT GOVERNS YOUR USE OF THE AMAZON APPLICATION (TOGETHER WITH ANY UPDATES AND ENHANCEMENTS TO IT, THE "APPLICATION") FOR DELIVERY SEQUENCING, ROUTING, SCANNING AND RELATED INFORMATION AND OTHER SERVICES THAT WE MAKE AVAILABLE TO YOU (THE "SERVICES") ON A MOBILE DEVICE (E.G., ANDROID DEVICE, MICROSOFT WINDOWS MOBILE DEVICE, APPLE IPHONE) (EACH, A "DEVICE"). YOUR USE OF THE APPLICATION IS ALSO SUBJECT TO THE AMAZON.COM PRIVACY NOTICE LOCATED AT WWW.AMAZON.COM/PRIVACY AND THE OTHER APPLICABLE RULES, POLICIES, AND TERMS POSTED ON THE AMAZON.COM WEBSITE (COLLECTIVELY, THE "AMAZON SITE TERMS"), AND THE APPLICATION WILL BE DEEMED TO BE PART OF "AMAZON" OR THE "SITE" FOR PURPOSES OF APPLYING THE AMAZON SITE TERMS TO YOUR USE OF THE APPLICATION. PLEASE READ THESE TERMS OF USE, THE AMAZON.COM PRIVACY NOTICE, AND ALL RULES, POLICIES, AND TERMS RELATED TO THE SERVICES BEFORE USING THE APPLICATION. IF YOU USE THE APPLICATION, YOU WILL BE BOUND BY THESE TERMS OF USE AND THE AMAZON SITE TERMS.
1. Use of the Application. Subject to these Terms of Use and the Amazon Site Terms, we hereby grant you a personal, limited, nonexclusive, nontransferable, nonsublicenseable license to install and use the Application on a Device. You may use the Application only to use and receive the Services. Unless and to the extent specifically provided otherwise in the Application or related documentation (including any Readme file or third party licensing notices), you may not: (a) separate any individual component of the Application for use other than to use and receive the Services provided through it; (b) incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs; (c) transfer it for use with another service; or (d) sell, rent, lease, lend, loan, distribute, publicly communicate, transform, or sub-license the Application or otherwise assign any rights to the Application in whole or in part. We will be responsible for any Application maintenance or support; no third party will be responsible for providing maintenance or support for the Application. You will notify Amazon immediately if any Device on which the Application is installed is lost, stolen, or misplaced. Other license terms may apply to certain software files contained within or distributed with the Application that are specifically identified in related documentation, including any Readme file or third party licensing notices.
2. No Reverse Engineering. You may not, and you will not encourage, assist, or authorize any other person to, modify, reverse engineer, decompile, disassemble, or otherwise tamper with, the Application, whether in whole or in part, or create any derivative works from or of the Application.
3. Updates, Maintenance and Support. In order to keep the Application up-to-date, we may offer automatic or manual updates at any time and without notice to you. If we elect to provide maintenance or support of any kind, we may terminate that maintenance or support at any time without notice to you.
4. Export Regulations. You will comply with all export and re-export restrictions and regulations of the United States Department of Commerce and other United States and foreign agencies and authorities that may apply to the Application, and agree not to transfer, or encourage, assist, or authorize the transfer of the Application to a prohibited country or otherwise in violation of any applicable restrictions or regulations.
5. U.S. Government End Users. The Application is a "Commercial Item" as that term is defined in 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as the terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with these provisions, the Application is licensed to U.S. Government end users: (a) only as a Commercial Item; and (b) with only those rights as are granted to all other end users pursuant to these Terms of Use. Unpublished-rights are reserved under U.S. copyright laws.
6. No Illegal Use and Reservation of Rights. You may not use the Application or the Services for any illegal purpose. The Application is the intellectual property of Amazon and its licensors. The structure, organization, and code of the Application are valuable trade secrets and confidential information of Amazon. The Application is protected by law, including without limitation copyright laws and international treaty provisions. Except for the rights explicitly granted to you in these Terms of Use and the Amazon Site Terms, all right, title, and interest in the Application and the Services are reserved and retained by us and our licensors. You do not acquire any intellectual property rights or other rights in the Application as a result of downloading the Application.
7. Disclaimer of Warranties and Limitation of Liability.
a. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION AND USE OF, AND ANY OTHER ACCESS TO, THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS DELIVERED TO YOU "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AMAZON, ITS LICENSORS AND DISTRIBUTORS, WIRELESS CARRIERS OVER WHOSE NETWORK THE APPLICATION IS DISTRIBUTED, AND EACH OF THEIR RESPECTIVE AFFILIATES AND SUPPLIERS ("RELEASED PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A RELEASED PARTY OR AN AUTHORIZED REPRESENTATIVE OF A RELEASED PARTY WILL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
b. SUBJECT TO SECTION 7.c BELOW AND TO THE EXTENT NOT PROHIBITED BY LAW, NO RELEASED PARTY WILL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE APPLICATION, EVEN IF THE RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ANY RELEASED PARTY'S AGGREGATE LIABILITY UNDER THE AGREEMENT WILL BE LIMITED TO $50.00. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
c. Subject to the provisions in Subsection 7.c.3 below, the Released Parties' statutory liability for damages (regardless of the legal grounds of any claim) will be limited as follows (provided, however, that any applicable broader statutory limitations of the Released Parties' liability will remain unaffected):
1. A Released Party will be liable only up to the amount of damages that are typically foreseeable at the time of your consent to these Terms of Use with respect to damages caused by a breach of a simple negligent material contractual obligation (e.g., a contractual duty the fulfillment of which enables the proper implementation of the agreement between you and us, the breach of which will endanger the purpose of the agreement and on the fulfillment of which you would regularly rely);
2. No Released Party will be liable for damages caused by a simple negligent non-material contractual obligation; and
3. The aforesaid limitation of liability will not apply to any mandatory statutory liability or liability for damages caused by willful or grossly negligent misconduct, or any kind of willfully or negligently caused personal injuries.
8. Representations, Warranties and Indemnities. You represent and warrant to Amazon that: (1) you have the right, power, and authority necessary to enter into these Terms of Use, and to fully perform your obligations hereunder; (2) you will comply fully with all terms of these Terms of Use; and (3) all factual statements submitted by you are accurate and not misleading. You are liable for and will defend, indemnify, and hold harmless the Released Parties and their officers, directors, agents, and employees, from and against any liability, loss, damage, cost, or expense (including reasonable attorneys' fees) arising out of your breach of any of the representations set forth in this paragraph, your use of the Application, your violation of the Terms of Use or Amazon Site Terms, your violation of applicable law, or your violation of any right of any person or entity, including without limitation intellectual property rights.
9. Use of Third Party Services. When you use the Application or the Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider (collectively and individually, "Third Party Services"), and you acknowledge that your use of those Third Party Services may be subject to the separate policies and terms of use, including fees, of one or more third parties. Third Party Services may display, include or make available content, data, information, applications, or materials from third parties ("Third Party Materials") or provide links to certain third party websites. By using the Third Party Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of the Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third Party Services, Third Party Materials, or third party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. Location data provided by any Third Party Services is for basic navigational purposes only, may not be accurate, 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. Use of real time route guidance is at your sole risk. You agree that Third Party Services may 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 the proprietary content, information, or materials in any way whatsoever except for permitted use of the Third Party Services.
10. Information Received. The Application will provide us with data about it, your use of it, your phone number, your geo-location and related tracking data and other personally identifiable information, and the Application's interaction with the content you access using the Application. You agree that we may use any such information, subject to these Terms of Use and the Amazon Site Terms of Use.
11. Changes to the Service. We may modify, suspend, discontinue, or terminate your right to use part or all of the Application or the Services at any time without notice to you, and in that event we may modify the Application to make it inoperable. Amazon will not be liable to you should it exercise those rights.
12. Termination. You may terminate these Terms of Use at any time by uninstalling or destroying all copies of the Application that are in your possession or control. Your rights under the Terms of Use will automatically terminate without notice from us if you fail to comply with any of its terms. In the case of termination, you must cease all use and destroy all copies of the Application, and we may immediately revoke your access to the Services without notice to you. Our failure to insist upon or enforce your strict compliance with these Terms of Use will not constitute a waiver of any of our rights.
13. Amendment. We may amend any of these Terms of Use at our sole discretion by posting the revised terms on the Amazon.com website or within the Application. Your continued use of the Service or the Application after any amendment's effective date constitutes your agreement to be bound by it.
14. Conflicts. The terms of these Terms of Use and the Amazon Site Terms govern the Application and any updates or upgrades to the Application that we may provide that replace or supplement the original Application, unless the update or upgrade is accompanied by a separate license, in which case the terms of that license will govern. If we provide specific terms of use for a particular Service and there is a conflict between the specific terms of use for the particular Service and these Terms of Use, the specific terms of use for the particular Service will govern for that particular Service.
15. Disputes. Any dispute or claim relating in any way to your use of the Application will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
a. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
b. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Amazon will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
c. You and Amazon each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and Amazon each waive any right to a jury trial. You and Amazon also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
16. Contact Information. For communications concerning these Terms of Use, please write to Amazon Logistics, Inc., Attn: Legal Department, 440 Terry Avenue North, Seattle, WA, 98109-5210.