Subscriber Terms and Conditions

Printable Version: Standard Customer Terms & Conditions Enterprise Customer Terms & Conditions

THE FOLLOWING TERMS AND CONDITIONS ARE INCORPORATED BY REFERENCE INTO AN INREACH CANADA ENTERPRISE SERVICE AGREEMENT (“AGREEMENT”) BETWEEN ROADPOST INC., A CANADIAN CORPORATION D/B/A INREACH CANADA AND THE COMPANY SET FORTH IN THE PREAMBLE TO THE AGREEMENT. CAPITALIZED TERMS NOT OTHERWISE DEFINED HEREIN SHALL HAVE THE RESPECTIVE DEFINITIONS SET FORTH IN THE AGREEMENT.

NOTICE TO THE COMPANY: USE OF THE INREACH PRODUCT CONSTITUTES THE COMPANY’S AGREEMENT TO THESE TERMS AND CONDITIONS. IF THE COMPANY DOES NOT AGREE, DO NOT USE THE INREACH PRODUCT AND RETURN IT TO THE POINT OF PURCHASE.

  1. GENERAL.
    1. Agreement. The Agreement, which includes these Additional Terms, sets forth the terms of the service plan(s) to which Company has subscribed. The term of the Agreement starts upon the activation of the first INREACH CANADA Service for use with the INREACH CANADA Product. The “INREACH CANADA Product” is defined to include the INREACH Two-Way Satellite Communicator, any replacement products and/or any associated software.
    2. Changes. The terms of this Agreement are subject to change in the discretion of INREACH CANADA. INREACH CANADA will provide Company with notice of any such changes, which notice may be sent to an email address provided by Company for this purpose. If INREACH CANADA makes changes that are not acceptable to Company, Company may terminate the Agreement without charge by giving written notice of cancellation within thirty (30) days after the date the unacceptable change was posted. Charges accrued for services up to the date of termination will remain due and payable. If Company does not give written notice within thirty (30) days as provided herein, the change is deemed accepted, effective on the date of its posting.
    3. Coverage. Company may use an INREACH CANADA Product anywhere there is coverage (subject to any applicable restrictions due to local laws, licensing requirements and regulations).
    4. Limitations. Services may become limited or temporarily unavailable without notice from time to time. INREACH CANADA does not own or control the service providers that operate the links between the satellite ground stations, including satellite antennas and supporting equipment, and the satellites, nor does INREACH CANADA own or control the GPS satellite constellation, and cannot be responsible for any Service interruptions that are associated with those satellite systems or ground stations and the interconnecting networks. Neither does INREACH CANADA own or control the cell phone and/or email service providers who receive the email and SMS messages generated from INREACH CANADA Products, and is not responsible for any delays by the email and cell phone providers related to these messages. Satellite service is wireless and requires a clear line of sight toward the satellite; therefore, the Services are inherently subject to transmission and reception limitations caused by: (i) location, including conditions that obstruct the line of sight between the INREACH CANADA Product and the satellite systems; (ii) the condition of the satellite systems and ground stations; (iii) the condition of the INREACH CANADA Product; and (iv) weather conditions, atmospheric conditions, magnetic interference, environmental, and other conditions beyond INREACH CANADAs or the satellite systems control.
  2. SERVICE. Additional bundled and/or optional services may also be selected per the Agreement.
    1. SOS Emergency. INREACH CANADA reserves the right to disclose personal and location data to its third-party service providers, and/or to competent legal authority, as well as remotely activate SOS features when notified by competent legal authority that a distress situation exists for the user. For customers subscribed to the GEOS service, INREACH CANADA intends that the GEOS International Emergency Response Coordination Center (the “IERCC”) will be available at all times in all locations where the INREACH CANADA Product works; however, it is possible that at some times and some locations, the IERCC shall determine when, how, even if, to conduct a search and rescue in accordance with their standard policies and procedures, subject to such constraints as operational limitations, available resources, technical feasibility, meteorological conditions, medical and/or safety concerns whether for the user or the emergency responder(s). In no event does the Agreement create a duty to rescue.
    2. SOS Monitoring. For subscribers to the GEOS service, INREACH CANADA transmits SOS Emergency Signals received, along with applicable Registration Data information and available location coordinates, to the IERCC. If Company has not subscribed to the GEOS service, SOS Emergency Signals received are sent to the point of contact provided by Company under Section 2. The IERCC maintains a database of emergency responders in regions throughout the world (the “IERCC Database”), and provides SOS Emergency Signal monitoring twenty-four (24) hours a day, seven (7) days a week and 365 days a year. Upon receipt of a SOS Emergency Signal, IERCC personnel will: i) contact, if available, the primary and secondary contacts identified by Company in the Registration Data to attempt to validate the SOS Emergency Signal, ii) use the IERCC database to identify appropriate emergency responder(s) according to available location coordinates; iii) contact the appropriate emergency responder(s) and inform them of the relevant facts in GEOS possession (including Registration Data information and/or location coordinates); iv) if the user is traveling outside of his home territory, and it is consistent with GEOS procedures, contact the Embassy of Company’s government consistent with Registration Data, either in the location identified by the Location Information or their Washington, DC based Embassy, and provide them all relevant facts in GEOS possession; and, v) provide updates of location coordinates as available to the identified emergency responder. Upon contacting the emergency responder(s) and/or, as appropriate, the Embassy, and informing them of all relevant facts, INREACH CANADA and GEOS are released from all further legal responsibility and/or obligation to take any further action whatsoever. Should GEOS have reasonable cause to believe that an emergency condition does not exist, GEOS reserves the right to solely contact the primary and secondary contacts identified by Company.
    3. False SOS Emergency Transmissions. Company is solely responsible for any charges that may be assessed by emergency responders for either false SOS Emergency Signals and/or in relation to search and rescue activities resulting from users transmission of a SOS Emergency Signal. Where a GEOS subscription has been obtained: i) should a user deliberately or negligently misuse the SOS Emergency service, the SOS service provider, GEOS, reserves the right to assess a fee in order to recoup their costs in relation to responding to such misuse. Negligent and deliberate misuse includes, but is not limited to, pressing the SOS button to see if it works or otherwise knowingly pressing the SOS button when no emergency situation exists; ii) should it be determined by INREACH CANADA that a user has deliberately or negligently misused the SOS Emergency service, INREACH CANADA shall provide Company’s credit card information on record to GEOS. GEOS shall then, without further notice, bill the credit card the appropriate fee, calculated at a rate of $340 per hour, or stated part thereof, for a minimum charge of one (1) hour and maximum charge of two (2) hours, for each such false SOS Emergency Signal event, and Company shall be responsible to pay any such fee; iii) if Company purchases the optional Search and Rescue services, such Search and Rescue services shall be subject to the terms of a separate agreement with GEOS, located at http://www.geosalliance.com/geos-services/worldwide-search-and-rescue/
    4. Text Messaging. Text Messaging is available to INREACH CANADA users that have compatible INREACH CANADA Products. Text Messages are up to 160 characters for custom or predefined quick text messages that can be transmitted to a person or persons designated by the user. Designated persons may include your personal contacts, the SOS monitoring provider GEOS, and/or social networking sites such as Twitter or Facebook. Company is solely responsible for any data or content sent via Text Messaging, including any consequences of such messaging. Text Messaging is subject to provisions of Section 8.4 Content License. Bundled messages or bytes must be used by the end of each month or the same expire.
    5. Non-Refundable. Pre-paid Service plan fees are non-refundable unless INREACH CANADA cancels the service, in which event Company will receive a pro rata refund for airtime for the unused portion of the prepaid fees. Pre-paid Service plans may not be transferred to a third-party account; however, upon Company’s request, they may be transferred to another INREACH CANADA Product within Company’s account.
    6. Changes to Services. Company agrees that INREACH CANADA or its service providers (including Iridium, and GEOS) may make changes to the Services in order to comply with applicable laws, to maintain or improve the Services or for other business reasons without notice to Company and without liability for any changes in the ability to use the Services or the INREACH CANADA Products, including compatibility issues with the INREACH CANADA Products, as a result of such changes.
    7. Termination by INREACH CANADA. Company agrees that INREACH CANADA may terminate this Agreement and the provision of Services to Company at any time without notice or liability to Company for breach of this Agreement.
    8. Additional Charges. Company’s cell phone service provider and/or internet provider may charge additional fees in relation to any SMS / MMS messages, social connectivity messages and/or other emails and/or data (collectively “Data Plan Fees”) sent by users. Company is responsible for any such applicable charges and fees.
  3. HARDWARE LIMITED WARRANTY
    1. Warranty. INREACH CANADA warrants that the INREACH CANADA Product will be free from defects in materials and workmanship for one year from the date of purchase. If an INREACH CANADA Product fails in normal use, INREACH CANADA will, during the first (90) ninety-days after purchase, at its sole option, either repair or replace the unit. INREACH reserves the right to either repair or replace the unit with a new or refurbished unit at its sole discretion. Such repairs or replacements will be made at no charge for labor or materials; however, Company will be responsible for any shipping charges incurred to send the device to INREACH CANADA. After the first ninety (90) days, INREACH CANADA will repair a unit, but will not replace it. The repaired or replaced product will be warranted for ninety (90) days from the date of return shipment, or for the balance of the original warranty, whichever is longer. This warranty does not cover failures due to abuse, misuse, accidents, or unauthorized disassembly or modification. Any repairs not performed by INREACH CANADA will void this warranty. This warranty gives you specific legal rights and you may also have other rights which vary by jurisdiction. Some jurisdictions do not allow the exclusion or limitation of relief such as incidental or consequential damages, or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty applies to the original purchaser of the product ONLY. REMINDER: Be sure to retain the sales receipt proving the date of your original purchase. This will be needed if warranty service is ever required. INREACH CANADA reserves the right to refuse warranty if a receipt is not provided or if the receipt is incomplete/illegible.
    2. Repairs or replacements under warranty will be made at no charge for labor and materials; however, the customer will be responsible for shipping charges. The repaired or replaced product will be warranted for the balance of the original warranty. The warranty does not cover failures due to abuse, misuse, accidents, or unauthorized disassembly or modification or any damage sustained during shipment of the product. Any repairs not performed by INREACH CANADA will void this warranty.
    3. EXCEPT AS PROVIDED ABOVE, THE INREACH CANADA PRODUCT IS SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES FOR THE INREACH CANADA PRODUCT WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES REGARDING THE CONDITION, DESIGN, SPECIFICATIONS, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INREACH CANADA PRODUCT, OR ANY WARRANTIES THAT THE INREACH CANADA PRODUCT IS FREE FROM LATENT DEFECTS OR DEFICIENCIES, OR THAT THE INREACH CANADA PRODUCT IS FREE FROM INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY AND SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
  4. PAYMENT.
    1. Timely Payments. Company agrees to pay, on time, any applicable activation, Service plan, usage, cancellation, and disconnection fees, plus any applicable taxes. Since the Service plan will renew automatically at the end of each term, INREACH CANADA will bill Company’s credit card, or at INREACH CANADAs discretion, invoice Company, at the time of renewal, or within thirty (30) days prior to the renewal, of each subsequent service term in accordance with the terms of the Agreement. This bill is due and payable in the currency specified in the Agreement. If the plan specifies monthly billing, then the monthly recurring charges are billed monthly in advance; though a partial month may apply for the first month.
    2. Late Payments. Company agrees to pay a late charge of the lesser of (i) 1.5% per month or (ii) the maximum legal rate if the bill is not paid within ten (10) days after the due date. This late charge is applicable to the unpaid balance as of the due date and will be billed on subsequent invoices and statements. Company agrees to pay INREACH CANADA all of INREACH CANADAs collection costs, including without limitation the standard fees of any collection agency, reasonable attorney and legal fees, and any other costs incurred by INREACH CANADA in exercising any of its rights under this Agreement. INREACH CANADA may suspend the Services in the event of late payment. If it does so, INREACH CANADA may charge a reactivation fee (currently $60.00 US) for each suspended Service Plan.
    3. Promotions. If Company uses a promotion code for its purchase, Company certifies that it qualifies for the applicable promotion. Company agrees to the terms of the promotion, including any time limitations, and agrees to provide credit card information for any additional services and to extend the Services beyond the promotional period.
    4. Data Transmission / No Credits. INREACH CANADA will exercise a commercially reasonable level of care but makes no representation as to the success of any data transmission. Regardless of whether a data transmission is successful, no refunds will be given. In addition to limitations resulting from incorrect use (e.g., next to or under an obstruction), satellite communications systems have inherent characteristics that can create dropped data transmissions. Dropped data transmissions, regardless of type, will not be credited regardless of cause. Nor shall INREACH CANADA be liable for any damages that may result from such dropped data transmission.
    5. Taxes. The Service plan price for the Services does not include sales, usage, excise, ad valorem, goods and services, harmonized sales, property or any other taxes or surcharges now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Service. Company agrees to pay these taxes and surcharges.
    6. Credit Approval / Credit Card Trial Authorization. Initiation or continuation of the Services is subject to credit approval by INREACH CANADA. INREACH CANADA may require direct payment by credit card or an authorized guarantee of payment by a valid accepted credit card. Credit cards from outside of the United States and/or Canada will be accepted only after verification with the issuing bank. If Company’s billing address is located outside of the United States or Canada or is a customer without established credit, INREACH CANADA may require that Company prepay the first full year. Verification of credit cards issued by banks outside of the United States or Canada may delay order processing. INREACH CANADA may decline any credit card transaction. INREACH CANADA may seek authorization of a credit card account prior to first activation/purchase to validate that Company can charge the applicable fees to access the Services. By authorizing INREACH CANADA to charge a credit card trial authorization for the fees associated with a subscription, Company is authorizing INREACH CANADA to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs INREACH CANADA of the new replacement card account) for all fees or charges associated with a subscription including any renewal fees as described below. Company authorizes the card issuer to pay any amounts described herein and authorizes INREACH CANADA, or any other company that acts as a billing agent for INREACH CANADA, to continue to attempt to charge all sums described herein to Company’s credit card account until such amounts are paid in full.
    7. Credit Card Authorization. BY AUTHORIZING INREACH CANADA TO CHARGE A CREDIT CARD, COMPANY REPRESENTS THAT IT IS THE AUTHORIZED OWNER OR USER OF THE CREDIT CARD AND THAT IT IS A RESPONSIBLE PARTY FOR THAT CARD. COMPANY GRANTS INREACH CANADA ACCESS TO AND THE RIGHT TO REVIEW THE INFORMATION IN, AND REFERENCES SUBMITTED WITH, THE SERVICE PLAN, OBTAIN CREDIT REPORTS AND CREDIT HISTORY, AND/OR ALL OTHER RELEVANT INFORMATION AND MATERIALS THAT INREACH CANADA REASONABLY BELIEVES IS DESIRABLE FOR THE PURPOSE OF IDENTIFYING YOUR FINANCIAL STATUS AND CREDITWORTHINESS. FURTHER, COMPANY AUTHORIZES INREACH CANADA TO CHARGE COMPANYS CREDIT CARD IN ORDER TO RENEW SERVICE PRIOR TO THE START OF EVERY SERVICE TERM; UP UNTIL SUCH TIME THAT COMPANY CANCELS THE SERVICE IN ACCORDANCE WITH THE AGREEMENT.
  5. DISCLAIMER OF WARRANTIES; LIABILITY.
    1. Disclaimer of Warranty and Liability for the Services and Software. COMPANY EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE, THE INREACH CANADA PRODUCT AND ANY ASSOCIATED SOFTWARE IS AT COMPANYS SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE INREACH CANADA PRODUCT AND ANY ASSOCIATED SOFTWARE ARE PROVIDED AS IS AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, (i) ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) THAT THE SERVICE, THE INREACH CANADA PRODUCT AND/OR ANY ASSOCIATED SOFTWARE WILL MEET COMPANYS REQUIREMENTS, (iii) THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OR OF SATISFACTORY QUALITY, OR OF QUIET ENJOYMENT, (iv) THAT ANY DEFECTS IN THE SOFTWARE OR INREACH CANADA PRODUCT WILL BE CORRECTED, (v) NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. INREACH CANADA GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICE, THE INREACH CANADA PRODUCT, ANY ASSOCIATED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE INREACH CANADA PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS. INREACH CANADA MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. COMPANY IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO AN INREACH CANADA PRODUCT, OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. INREACH CANADA GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICE OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE INREACH CANADA PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS. ALL WEATHER FORECASTING ON THE INREACH WEBSITES ARE PROVIDED BY A THIRD PARTY. INREACH DOES NOT GUARANTEE THAT THE FORECASTING DISPLAYED ON THE INREACH WEBSITES ARE 100% ACCURATE AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTEES REGARDING THE USE OF SUCH INFORMATION IN TERMS OF ITS CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ACKNOWLEDGE THAT ALL DECISIONS MADE USING THE WEBSITES’ CONTENT WILL BE YOUR SOLE RESPONSIBILITY. INREACH EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND/OR DEATH, RESULTING FROM YOUR USE OF THE INREACH WEBSITES OR RELIANCE ON THE WEBSITES’ CONTENT AND FORECASTS.
  6. LIMITATION OF LIABILITY.
    1. INREACH CANADA AND ITS SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS EXCLUDE AND DISCLAIM ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR FAULT, NEGLIGENCE OR BREACH OF STATUTORY DUTY), OR OTHERWISE, IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE SATELLITE SYSTEMS, THE INREACH CANADA PRODUCT, THE SERVICES OR THE SOS EMERGENCY MONITORING AND RESPONSE PROVIDED BY GEOS, INCLUDING ANY FAILURE OR DELAY IN THE PROVISION OF SERVICES CAUSED BY ANY OF THE FOLLOWING, WHICH, IF THEY SHOULD OCCUR, COULD LEAD TO A LOSS OF COMMUNICATIONS AT A VITAL TIME RESULTING IN DEATH, PERSONAL INJURY OR DAMAGE TO PROPERTY:

      1. MATTERS OUTSIDE OF INREACH CANADAS OR ITS SERVICE PROVIDERS, REASONABLE CONTROL, WHICH SHALL INCLUDE, BUT ARE NOT LIMITED TO, OUTBREAK OF HOSTILITIES, RIOT, CIVIL DISTURBANCE, ACTS OF TERRORISM, FIRE, EXPLOSION, FLOOD, SNOW, FOG OR OTHER INCLEMENT WEATHER CONDITIONS, FAILURE OF TELECOMMUNICATIONS OR SATELLITE SYSTEMS, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, SURGES IN THE ELECTRICAL MAINS OR CURRENTS, DAMAGE CAUSED BY ELECTROMAGNETIC INTERFERENCE, THEFT, MALICIOUS DAMAGE, STRIKE, LOCK OUT OR INDUSTRIAL ACTION OF ANY KIND; OR
      2. FAILURE, DELAY OR INACCURACY OF THE GPS SATELLITES IN PROVIDING LOCATION COORDINATES; OR
      3. FAILURE, DELAY OR INACCURACY OF THE INREACH CANADA PRODUCT TO PROCESS AND/OR TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNAL(S), AND/OR LOCATION COORDINATES, TO THE IRIDIUM SATELLITE SYSTEM; OR
      4. FAILURE OF OR DELAY IN THE IRIDIUM SATELLITE SYSTEM AND/OR GROUND STATIONS TO PROCESS DATA TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO SOS EMERGENCY SIGNAL(S), LOCATION COORDINATES, PREPROGRAMMED MESSAGES AND DISPLAY, AND TRANSMIT TO THE IDENTIFIED POINTS OF CONTACT AND/OR IERCC AS APPROPRIATE; OR
      5. FAILURE OF OR DELAY IN USERS EMAIL OR CELLPHONE PROVIDER TO TRANSMIT THE MESSAGE TO USER, OR FAILURE OF OR DELAY IN THE IERCC RESPONDING TO SOS EMERGENCY SIGNAL(S); OR
      6. FAILURE OF OR DELAY IN THE INREACH PRODUCT TO TRANSMIT ANY INREACH CANADA MESSAGE(S) TO INREACH CANADA; OR
      7. FAILURE OF OR DELAY ON BEHALF OF THE INREACH CANADA SERVICE PROVIDERS, TO PERFORM THE APPLICABLE SERVICE FOR WHICH EACH IS CONTRACTED; OR
      8. FAILURE TO OBTAIN A CLEAR LINE OF SIGHT TOWARD THE SATELLITE SYSTEMS; OR
      9. FAILURE TO PROPERLY INSTALL OR CONFIGURE THE INREACH CANADA PRODUCTS; OR
      10. FAILURE OF INREACH CANADA AND ITS SERVICE PROVIDERS TO PROVIDE THE SERVICE(S), INCLUDING SOS EMERGENCY SERVICES, DUE TO THE SERVICE(S) HAVING BEEN CANCELLED PURSUANT TO THIS AGREEMENT; OR
      11. NON-COMPATABILITY OF INREACH CANADA PRODUCTS WITH SMARTPHONE OPERATING SYSTEMS AND THIRD-PARTY SOFTWARE; OR
      12. FAILURE OR INADEQUACY OF POWER SUPPLY FOR INREACH CANADA PRODUCTS AND/OR ASSOCIATED PRODUCTS.
    2. IN NO EVENT SHALL INREACH CANADA OR ANY OF SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR SUPPLIERS, HAVE ANY LIABILITY FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP) WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE INREACH CANADA PRODUCT, THE SERVICES (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICE) OR ITS OR THEIR USE BY COMPANY OR ITS USERS OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY COMPANY TO UTILIZE THE SERVICES OR INREACH CANADA PRODUCT. IN NO EVENT SHALL THE TOTAL, MAXIMUM, AGGREGATE LIABILITY OF INREACH CANADA AND ITS SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, INREACH CANADAS SUPPLIERS SERVICES, OR THE INREACH CANADA PRODUCT, EXCEED THE AMOUNT OF THE SERVICE FEE PAID BY COMPANY FOR THE APPLICABLE MONTH.
    3. THE LIMITATIONS IN THIS SECTION 6 SHALL APPLY TO ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES HOWSOEVER CAUSED AND WHETHER FOR BREACH OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.
    4. Legal Notices and End User License Agreement. If Company uses an INREACH CANADA Product, then the INREACH CANADA Product is also subject to the Legal Notices and End User License Agreement which can be found below and at enterprise.delorme.com.
  7. COMPANY OBLIGATIONS.
    1. No Resale. Company may not sell, rent, lease or otherwise charge for the INREACH CANADA Product and/or Services or any information or services associated with or derived from INREACH CANADA Product or Services.
    2. Misuse. Company agrees that it and its employees and authorized users will not use the Services or the INREACH CANADA Product (1) to abuse or misuse the SOS Emergency services, (2) to send messages that are offensive, defamatory, abusive or obscene or intended to harass, (3) for any purpose in violation of law, (4) in any manner that infringes or misappropriates third party rights, or (5) in any manner which overloads or unreasonably interferes with the Services or the satellite systems. Company agrees to use the Services only with the INREACH CANADA Product and not to use any other equipment in connection with the Services unless expressly approved by INREACH CANADA. Failure to adhere to these restrictions may result in termination of this Agreement by INREACH CANADA. Company agrees that it will not attempt to unlock or modify, or reverse engineer INREACH CANADA Product in order to modify it or render it capable of performing functions outside the approved Iridium network described in this Agreement, for the purpose of re- selling the INREACH CANADA Product to a third party, or for any purpose otherwise not permitted by this agreement.
    3. Authorized Users. Company is solely responsible, and assumes any liability, for any user authorized by Company to utilize the INREACH CANADA Product and/or the Services. In addition, Company agrees to pass usage instructions and Service Plan terms and conditions to all of its authorized users.
  8. INREACH CANADA User Account, Websites, Software and Other Licenses.

    1. DeLorme and INREACH CANADA Websites. Use of the DeLorme and INREACH CANADA websites is governed by the terms and conditions of use contained on each such website, as the same may be modified from time to time.
    2. Complete and Accurate Information. Company acknowledges and agrees that the information required in its INREACH CANADA user accounts for each user, including Registration Data, contact information, designated contacts, social connectivity settings, supported service options and pre-programmed messages, is essential for proper provision of the Services. Company certifies that the information is accurate in all respects and may be relied upon by INREACH CANADA to provide the Services. It is Company’s responsibility to ensure that the information supplied by users remains accurate, complete and up to date. Changing an address from one country to another country (for example from the US to Canada) may require service level changes and might incur additional charges on Company’s account. When composing INREACH CANADA messages, Company acknowledges and agrees that it is the users sole responsibility to ensure that he selects the intended designated contact from available contacts and is satisfied with the content of the INREACH CANADA message prior to sending it. Users should contact customer care for assistance.
    3. Synchronization of Data. If users use a INREACH Product, it is the users sole responsibility to ensure that he has followed the synchronization process outlined in the User Manual to export any updates and/or changes to Registration Data, contact information, designated contacts, social connectivity settings, supported service options and pre-programmed messages from the INREACH CANADA account to the INREACH Product.
    4. Ownership and Grant of License. The DeLorme GPS Device, INREACH Smartphone Application, and INREACH CANADA Product utilize proprietary software, proprietary firmware and proprietary communication protocols in order to access the INREACH messaging functions and Service (collectively any such software, firmware and/or communication protocols required for use of the INREACH CANADA Product are referred to as the “Software”). This proprietary Software may be owned by DeLorme, by INREACH CANADA or by a third party. This section grants a license (“License”) that permits Company to use the software as required for the INREACH CANADA Product and Service, whether through the DeLorme PN-60w or directly through the INREACH CANADA Product, or through an application installed on a users smartphone. This License is non-exclusive, non sub-licensable and non-transferable. This License is also subject to the limitations and conditions of this Agreement. All rights not specifically granted in this License are reserved by INREACH CANADA, DeLorme or the respective third-party owner of such Software. Company acknowledges and agrees that INREACH CANADA and/or third-parties own(s) all intellectual property rights, title, and interest in or, if applicable, licenses to the Software, including, but not limited to, all trademarks, copyrights, data, and content. All title and intellectual property rights in the Software may be protected by applicable copyright or other intellectual property laws and treaties. Company’s use of the Software is solely controlled by this Agreement. The Software is licensed, not sold. If Company is using the device in conjunction with a smart phone application, then use is also subject to any terms and conditions imposed by the terms of any agreement with a smart phone manufacturer or service provider.
    5. Other Restrictions on Use. Company agrees that it will not remove or obscure any proprietary rights notices, copyright notices or trademarks associated with the Software. Company agrees that it will not copy, sell, license, distribute, transfer, modify, adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software for any purpose. Company agrees that it will not attempt to circumvent or defeat the security or content usage rules contained in the Software and/or use the Software in violation of any law or third party rights.
    6. Software Changes and Updates. Company agrees that INREACH CANADA or third-party providers may make changes to the Software and associated Services in order to comply with applicable laws, to maintain or improve the Software and/or the Services or for other business reasons, without notice to Company and without liability for any changes in ability to use the Software, INREACH CANADA Product and/or Service, including compatibility issues, as a result of such changes. These updates may take the form of bug fixes, enhanced functions, new software modules and completely new versions. This License does not grant any rights to obtaining future upgrades, updates or supplements of the Software. If upgrades, updates or supplements of the Software are obtained, however, the use of such upgrades or updates is governed by this Agreement and the amendments that may accompany them and may be subject to additional payments and conditions. INREACH CANADA highly recommends that you ensure that both the DeLorme PN-60w or INREACH Smartphone Application has the most recent software version available and that the INREACH CANADA Product has the most recent firmware version available and that these versions are compatible with each other. INREACH CANADA reserves the right to mandate Company to install the most recent Software version in order to obtain continued Service. Any such mandatory Software updates will be at no additional cost to Company.
    7. Commercial Items / US Government Restricted Rights. This Software and documentation have been developed entirely with private funds. The use of the Software and related documentation by any entity of the United States Government is restricted by the terms of this Agreement. The Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as specified under 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
    8. Content License. Company agree that it is solely responsible for (and that INREACH CANADA has no responsibility to Company or to any third party for) any Content that Company or its users create, transmit or display while using the Services and any associated software and for the consequences of a users actions by doing so. Company acknowledges that the INREACH CANADA messages may include location information. Company or its users retain copyright and any other rights already held in Content which is submitted, posted or displayed on or through, the Software and/or the Services. Company acknowledges and agrees that by submitting, posting or displaying the content Company or its users give INREACH CANADA a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which is submitted, posted or displayed on or through, the Services and any associated software. Furthermore, Company agree that this license includes a right for INREACH CANADA to make such Content available to other companies, organizations or individuals as required for the provision of the Services. In order to provide the Services, INREACH CANADA may be required to transmit or distribute user content over various public networks and in various media. INREACH CANADA may also be required to make changes to Content if so required by the technical requirements of connecting networks, devices, services or media.
    9. Third-Party Licenses and Content. If, as part of the use of the Services and any associated software, Company or a user downloads a piece of software, accesses software online, or purchases goods, which are provided by a third party then such use of these other services, software or goods may be subject to separate terms between Company, the user and/or the third- party provider. This third-party content may be protected by intellectual property rights which are owned by the third party. Any reference or links to any third-party content does not necessarily constitute or imply its endorsement, sponsorship or recommendation by INREACH CANADA or its licensors. Third-party product and service information are the sole responsibility of each individual third-party vendor. In addition, it is possible that users may find some third-party content offensive, indecent or objectionable, and that, in this respect, Company and users use the Services at their own risk. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective authors and not of INREACH CANADA. INREACH CANADA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement by anyone other than authorized INREACH CANADA employees acting in their official capacities. Company understands and acknowledges that INREACH CANADA is not responsible for and does not monitor third party content for accuracy or reliability.
    10. Privacy, Data Protection. INREACH CANADA is committed to maintaining the privacy of its customers. In order to access the Services, users will be required to provide information about themselves (such as identification or contact details). Company agrees that any registration information given to INREACH CANADA will always be accurate, correct and up to date. Company agrees and understands that it is responsible for maintaining the confidentiality of passwords associated with any account used to access the Software and the Services. Accordingly, Company agrees that it will be solely responsible for all activities that occur under its account, whether by authorized users or otherwise. If Company becomes aware of any unauthorized use of a password or of an account, Company agrees to immediately notify INREACH CANADA. INREACH CANADA will keep personal data private and confidential, provided however that INREACH CANADA will provide such information to GEOS, the IERCC provider, and that GEOS may provide such information as required to emergency responders in the event that an authorized user triggers a SOS Emergency Signal, including name, registration information, location and message history. INREACH CANADA may also provide information regarding data transmissions to immediate family members of a user and/or emergency responders should it be reasonably determined that an emergency may exist. INREACH CANADA may also share with third parties certain pieces of non-personal, aggregated information, meaning that information from many users is grouped together and is disclosed in such a way that it does not reveal the identity of any particular user, such as INREACH CANADA user demographic data or INREACH CANADA usage data for marketing, advertising or other business purposes. INREACH CANADA may collect information about transmissions, including location, to monitor service quality; however, INREACH CANADA will not monitor the content of Type & Send, pre-programmed SMS and/or email messages to Contacts unless required to do so under applicable law. INREACH CANADA may provide billing information to its parent company and subsidiaries if required for provision of the Services, or to a credit bureau in order to determine credit- worthiness, or to a collection agency should an account become past due, or to GEOS, the SOS Emergency service Provider, in the event that a user deliberately or negligently misuses the SOS Emergency service. With the exception of information provided to GEOS, aggregated information, and/or billing information, INREACH CANADA will not sell or otherwise pass personal information to third parties, except if required by law or pertinent to judicial or governmental investigations or proceedings or if INREACH CANADA considers it necessary to do so to prevent risk of death or serious personal injury to users or others. There are no other circumstances under which INREACH CANADA will provide or sell personal information to third parties. Company consents to the foregoing collection, use and disclosure of personal information (of Company and its users) and to INREACH CANADAs collection, use and disclosure of personal information as set out in this section. INREACH CANADA may also have separate privacy policies regarding the handling of data for INREACH CANADAs bundled services as stated in the applicable terms and conditions regarding each such INREACH CANADA bundled service.
  9. GENERAL
    1. Export Restrictions. The INREACH CANADA Product and any associated software may be subject to export controls or restrictions by Canada, the United States or other countries or territories. Company agrees to comply with all applicable Canadian, U.S. and international export laws and regulations, including the restrictions on destinations, end users, and end use. Company agrees not to export or re-export the INREACH CANADA Product and any associated software to any country in violation of the export control laws of Canada or the United States of America. The INREACH CANADA Product and any associated software may not be exported or re-exported into any Canadian or U.S. embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the INREACH CANADA Product, the Services and any associated software, Company represents and warrants that it and its users are not located in any such country or on any such list. Company also agrees that it 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.
    2. Copyrights, Intellectual Property, Patents and Documentation. INREACH. All rights reserved. The INREACH CANADA, and related trademarks, names and logos are the property of INREACH or or Garmin Switzerland GmbH and its affiliates and are registered and/or used in the U.S. and countries around the world. The INREACH CANADA PRODUCT and other devices and/or associated software and data, including geographic data, are protected by copyright, international treaties, and various patents. The documentation, including all documentation incorporated by reference herein, such as documentation provided or made available at enterprise.delorme.com, is provided “AS IS” and “AS AVAILABLE” and without condition, endorsement, representation or warranty of any kind by INREACH CANADA. INREACH CANADA assumes no responsibility for any typographical, technical, or other inaccuracies, errors, or omissions in this documentation.
    3. Indemnity. To the maximum extent permitted by law, Company agrees to indemnify, defend and hold harmless INREACH CANADA and its affiliates, licensors, service providers and suppliers, their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or in connection with the use of the INREACH CANADA Product, the Services and any associated software by Company and/or its employees or other users.
    4. Governing Law. This Agreement is governed by the laws of the State of Delaware without giving effect to conflicts of laws principles. Company hereby expressly consent to venue for any action by INREACH CANADA or any of its suppliers to enforce the provisions of this Agreement in Ontario, Canada, and waive any rights to claim the same is an inconvenient forum.
    5. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. Any headings are provided for convenience only.
    6. No Waiver, Survival. The failure of INREACH CANADA to exercise or enforce any right under this Agreement shall not constitute a waiver of such right. All rights and remedies granted to INREACH CANADA are cumulative and not alternate. If any provision of this Agreement is found invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of this Agreement, and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one. Any provisions that expressly or by their nature should survive termination of this Agreement, including payment obligations, disclaimer of warranty, rights of indemnity and limitation of liability, shall survive such termination.
    7. Assignment. Company may not assign this Agreement or any rights or obligations hereunder, but INREACH CANADA may assign this Agreement and any of its rights and obligations hereunder. This Agreement inures to the benefit of and is binding on the parties respective successors and permitted assigns.

INREACH ENTERPRISE END USER LICENSE AGREEMENT

PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU AND INREACH. YOU UNDERSTAND AND AGREE THAT YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE AND THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS EULA, AND AS MAY BE AMENDED, APPLIES TO THE USE OF ANY SOFTWARE, WHETHER PRE-INSTALLED ON THE INREACH PRODUCT AND/OR DOWNLOADED TO YOUR COMPUTER, THAT MAY BE REQUIRED FOR THE USE OF THE INREACH PRODUCT AND SERVICE (“SOFTWARE”). BY USING YOUR INREACH PRODUCT FOR DELORME AND/OR THE SERVICE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EULA OR ANY APPLICABLE AMENDMENTS. USE OF THE INREACH PRODUCT, USE OF THE SERVICE AND/OR PRESSING THE “I AGREE” BUTTON FOR A DOWNLOAD OF ANY UPDATES, UPGRADES OR SUPPLEMENTS IS CONSIDERED USE OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USE THE SOFTWARE AND PROMPTLY RETURN THE UNUSED SOFTWARE, AS WELL AS THE HARDWARE TO THE PLACE WHERE YOU OBTAINED THEM.

    1. Ownership and Grant of License. The INREACH Product utilizes proprietary software, proprietary firmware and proprietary communication protocols in order to access the INREACH messaging functions and Service (collectively any such software, firmware and/or communication protocols required for use of the INREACH Product are referred to as the “Software”). This proprietary Software may be owned by INREACH or by a third party. This EULA grants a license (“License”) that permits you to use the software as required for your INREACH Product and Service, whether through the GPS device or directly through the INREACH Product, or through an application installed on your smartphone. This License is non-exclusive, non sub-licensable and non-transferable. This License is also subject to the limitations and conditions of this EULA and the INREACH Terms of Service, which govern the provision of the Service. All rights not specifically granted in this EULA are reserved by INREACH or the respective third-party owner of such Software. You acknowledge and agree that INREACH and/or third-parties own(s) all intellectual property rights, title, and interest in or, if applicable, licenses to the Software, including, but not limited to, all trademarks, copyrights, data, and content. All title and intellectual property rights in the Software may be protected by applicable copyright or other intellectual property laws and treaties. Your use of the Software is solely controlled by this EULA which cannot be changed except by a written agreement executed between you and INREACH. The Software is licensed, not sold. If you are using the device in conjunction with a smart phone application, then your use is subject to any terms and conditions imposed upon by the terms of your agreement with your smart phone manufacturer or service provider. ANY MAPPING FEATURES OR FUNCTIONALITY CONTAINED IN ANY SOFTWARE ARE SUITABLE AND INTENDED ONLY FOR GENERAL VISUAL REFERENCE USE AND SHOULD NOT BE USED FOR ANY PURPOSE REQUIRING EXACT MEASUREMENT OF DISTANCE OR DIRECTION, OR FOR PRECISION IN ADDRESS LOCATION OR IN THE DEPICTION OF GEOGRAPHIC FEATURES. ROUTING DIRECTIONS SHOULD BE USED ONLY AS A TRAVEL AID AND MUST ALWAYS BE VISUALLY VERIFIED BY THE USER ON THE GROUND AND EXECUTED WITH DUE REGARD TO TRAFFIC AND ROAD CONDITIONS, ROAD SIGNS AND REGULATIONS. Please note that map data is merely a graphical representation of geographic features appearing on the face of the earth. Map data may include features, such as roads and trails that are located on private property. Nothing in this License grants the use of, or is intended to imply the right to use, any such private property. It is your responsibility to discern and respect all landowner restrictions. You are solely responsible for complying with all legal requirements relating to land use and for your own safety and for the consequences of your actions in your use of map data. To the extent that data includes information regarding fish and game laws, or the availability of certain property for hunting or fishing, we make no representation or warranty regarding the accuracy of that information. You should always review the most recent version of any applicable fish and game regulations in the jurisdiction where you are recreating.
    2. Other Restrictions on Use. You agree that you will not remove or obscure any proprietary rights notices, copyright notices or trademarks associated with the Software. You agree that you will not copy, sell, license, distribute, transfer, modify, adapt, translate, decompile, reverse engineer, disassemble, nor attempt to derive the source code of, modify, or create derivative works of the Software for any purpose. You agree that you will not attempt to circumvent or defeat the security or content usage rules contained in the Software and/or use the Software in violation of any law or third party rights. Some of the geographic data that you may have access to is licensed from third parties, and is subject to any and all restrictions imposed on us by such third parties, which can be found at the following link: http://www.delorme.com/sources/
    3. Software Changes and Updates. You agree that INREACH or third-party providers may make changes to the Software and associated Services in order to comply with applicable laws, to maintain or improve the Software and/or the Services or for other business reasons, without notice to you and without liability for any changes in your ability to use the Software, INREACH Product and/or Service, including compatibility issues, as a result of such changes. These updates may take the form of bug fixes, enhanced functions, new software modules and completely new versions. This License does not grant any rights to obtaining future upgrades, updates or supplements of the Software. If upgrades, updates or supplements of the Software are obtained, however, the use of such upgrades or updates is governed by this EULA and the amendments that may accompany them and may be subject to additional payments and conditions. INREACH highly recommends that you ensure that all your INREACH Products has the most recent software version available and that your INREACH Products have the most recent firmware version available and that these versions are compatible to each other. INREACH reserves the right to mandate you to install the most recent Software version in order to obtain continued Service. Any such mandatory Software updates will be at no additional cost to you.
    4. Content License from You. You agree that you are solely responsible for (and that INREACH has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Software and/or the Service and for the consequences of your actions by doing so. You acknowledge that the INREACH messages may include your location information. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Software and/or Service. You acknowledge and agree that by submitting, posting or displaying the content you give INREACH a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Software and/or Service. Furthermore, you agree that this license includes a right for INREACH to make such Content available to other companies, organizations or individuals as required for the provision of Service, including any social connectivity sites designated by you. INREACH may also disclose such personal data as may be in the possession of INREACH to third party service providers and/or competent legal authority in connection with your use of the SOS services associated with your subscription plan in order to assist in the effectuation of a rescue. In order to provide the Service, INREACH may be required to transmit or distribute your content over various public networks and in various media. INREACH may also be required to make changes to your Content if so required by the technical requirements of connecting networks, devices, services or media. INREACH reserves the right to disclose personal and location data as well as remotely activate SOS features when notified by competent legal authority that a distress situation exists for the user.
    5. Third-Party Licenses and Content. If, as part of your use of the Software and/or Service you download a piece of software, or purchase goods, which are provided by a third party then your use of these other services, software or goods may be subject to separate terms between you and the third-party provider. This third-party content may be protected by intellectual property rights which are owned by the third party. Any reference or links to any third-party content does not constitute its endorsement, sponsorship or recommendation by INREACH or its licensors. Third-party product and service information are the sole responsibility of each individual third-party vendor. It is possible that you may find some third-party content offensive, indecent or objectionable, and that, in this respect, you use the Services at your own risk. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective authors and not of INREACH. INREACH neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement by anyone other than authorized INREACH employees acting in their official capacities. You understand and acknowledge that INREACH is not responsible for and does not monitor third-party content for accuracy or reliability.
    6. Term and Termination. The license commences upon your use of the INREACH Product and Service, or upon your downloading of any associated Software updates, and is effective until terminated by You or INREACH. If you want to terminate, you may do so by ceasing to utilize the INREACH Product and terminating the associated Service as allowed under the Terms of Service. You agree that we may terminate this EULA and the provision of associated Services to you at any time without notice or liability to you if you are in breach of this EULA or act in any manner which clearly shows you do not intend to, or are unable to, comply with the EULA. INREACH may also terminate this EULA if required to do so by governmental regulatory body and/or law. In such event, you must cease using the INREACH Product and Service. All provisions relating to confidentiality, indemnity, proprietary rights, and non-disclosure shall survive the termination of this Agreement. All other rights and obligations of the parties shall cease upon termination including, but not limited to, all licenses granted hereunder. If terminated by INREACH, INREACH may place a notice on your account or may send an email message to your last email address known to INREACH. INREACH will have no liability if you do not receive INREACH’s notification.
    7. Commercial Items / US Government Restricted Rights. This Software and documentation have been developed entirely with private funds. The use of the Software and related documentation by any entity of the Unites States Government is restricted by the terms of this EULA. The Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as specified under 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
    8. Export Restrictions. The Software may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations, including restrictions on destinations, end users, and end use. You agree not to export or re-export the Software or the INREACH Product to any country in violation of the export control laws of the United States of America. The Software may not be exported or re-exported into any U.S. embargoed countries or 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.
    9. Indemnity. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless INREACH and its affiliates, licensors and suppliers their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Software.
    10. Disclaimer of Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SOFTWARE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. INREACH GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SOFTWARE, THE SERVICE OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE INREACH PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS. INREACH MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR INREACH PRODUCT, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
    11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, INREACH AND ITS SERVICE PROVIDERS AND AFFILIATES, AND THEIR AFFILIATES, RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS HEREBY EXPRESSLY EXCLUDE LIABILITY FOR ANY DAMAGES OR CLAIMS, INCLUDING INJURY OR DEATH, AND ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP) WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE SOFTWARE AND/OR SERVICE (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICE) OR ITS USE BY YOU OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SOFTWARE AND/OR SERVICE. INREACH AND ITS AFFILIATES AND/OR SERVICE PROVIDERS, INCLUDING GEOS, IRIDIUM COMMUNICATIONS, ROADPOST INC.AND THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS EXCLUDE ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE SATELLITE SYSTEM, THE SOFTWARE, THE SERVICE AND/OR THE SOS EMERGENCY MONITORING AND RESPONSE. THIS LIMITATION INCLUDES ANY FAILURE OR DELAY IN THE PROVISION OF SERVICES AS SPECIFIED IN THE INREACH TERMS OF SERVICE.
    12. Changes to the EULA. INREACH reserves the right to change the terms and conditions of this EULA at any time. You can find the most current EULA at enterprise.delorme.com. You understand and agree that if you use the services after the date on which the terms or additional terms have changed, INREACH will treat your use as acceptance of the updated terms or additional terms.
    13. Governing Law. This EULA will be governed and construed in all respects by the laws of the State of Kansas without regard to its conflict of laws and provisions. You and INREACH agree to submit to the exclusive jurisdiction of the courts located within the Johnson County, Kansas to resolve any legal matter arising from this EULA.
    14. General. This EULA constitutes the entire agreement between the Parties with respect to the subject matter hereof. Any headings are provided for convenience only. You may not assign this EULA or any of your rights or obligations hereunder, but INREACH may assign this EULA and any of its rights and obligations hereunder and this EULA shall inure to the benefit of and is binding on INREACH’s respective successors and permitted assigns. The failure of INREACH to exercise or enforce any right under this EULA shall not constitute a waiver of such right. All rights and remedies granted to INREACH are cumulative and not alternate. If any provision of this EULA is found invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of this EULA, and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one.

THE FOLLOWING TERMS AND CONDITIONS ARE INCORPORATED BY REFERENCE INTO AN INREACH CANADA ENTERPRISE SERVICE AGREEMENT (“AGREEMENT”) BETWEEN ROADPOST INC., A CANADIAN CORPORATION D/B/A INREACH CANADA AND THE COMPANY SET FORTH IN THE PREAMBLE TO THE AGREEMENT. CAPITALIZED TERMS NOT OTHERWISE DEFINED HEREIN SHALL HAVE THE RESPECTIVE DEFINITIONS SET FORTH IN THE AGREEMENT.

NOTICE TO THE COMPANY: USE OF THE INREACH PRODUCT CONSTITUTES THE COMPANY’S AGREEMENT TO THESE TERMS AND CONDITIONS. IF THE COMPANY DOES NOT AGREE, DO NOT USE THE INREACH PRODUCT AND RETURN IT TO THE POINT OF PURCHASE.

  1. GENERAL.
    1. Agreement. The Agreement, which includes these Additional Terms, sets forth the terms of the service plan(s) to which Company has subscribed. The term of the Agreement starts upon the activation of the first INREACH CANADA Service for use with the INREACH CANADA Product. The “INREACH CANADA Product” is defined to include the INREACH Two-Way Satellite Communicator, any replacement products and/or any associated software.
    2. Changes. The terms of this Agreement are subject to change in the discretion of INREACH CANADA. INREACH CANADA will provide Company with notice of any such changes, which notice may be sent to an email address provided by Company for this purpose. If INREACH CANADA makes changes that are not acceptable to Company, Company may terminate the Agreement without charge by giving written notice of cancellation within thirty (30) days after the date the unacceptable change was posted. Charges accrued for services up to the date of termination will remain due and payable. If Company does not give written notice within thirty (30) days as provided herein, the change is deemed accepted, effective on the date of its posting.
    3. Coverage. Company may use an INREACH CANADA Product where there is coverage (subject to any applicable restrictions due to local laws, licensing requirements and regulations).
    4. Limitations. Services may become limited or temporarily unavailable without notice from time to time. INREACH CANADA does not own or control the service providers that operate the links between the satellite ground stations, including satellite antennas and supporting equipment, and the satellites, nor does INREACH CANADA own or control the GPS satellite constellation, and cannot be responsible for any Service interruptions that are associated with those satellite systems or ground stations and the interconnecting networks. Neither does INREACH CANADA own or control the cell phone and/or email service providers who receive the email and SMS messages generated from INREACH CANADA Products, and is not responsible for any delays by the email and cell phone providers related to these messages. Satellite service is wireless and requires a clear line of sight toward the satellite; therefore, the Services are inherently subject to transmission and reception limitations caused by: (i) location, including conditions that obstruct the line of sight between the INREACH CANADA Product and the satellite systems; (ii) the condition of the satellite systems and ground stations; (iii) the condition of the INREACH CANADA Product; and (iv) weather conditions, atmospheric conditions, magnetic interference, environmental, and other conditions beyond INREACH CANADAs or the satellite systems control.
  2. SERVICE. Additional bundled and/or optional services may also be selected per the Agreement.
    1. SOS Emergency. INREACH CANADA reserves the right to disclose personal and location data to its third-party service providers, and/or to competent legal authority, as well as remotely activate SOS features when notified by competent legal authority that a distress situation exists for the user. For customers subscribed to the GEOS service, INREACH CANADA intends that the GEOS International Emergency Response Coordination Center (the “IERCC”) will be available at all times in all locations where the INREACH CANADA Product works; however, it is possible that at some times and some locations, the IERCC shall determine when, how, even if, to conduct a search and rescue in accordance with their standard policies and procedures, subject to such constraints as operational limitations, available resources, technical feasibility, meteorological conditions, medical and/or safety concerns whether for the user or the emergency responder(s). In no event does the Agreement create a duty to rescue.
    2. SOS Monitoring. For subscribers to the GEOS service, INREACH CANADA transmits SOS Emergency Signals received, along with applicable Registration Data information and available location coordinates, to the IERCC. If Company has not subscribed to the GEOS service, SOS Emergency Signals received are sent to the point of contact provided by Company under Section 2. The IERCC maintains a database of emergency responders in regions throughout the world (the “IERCC Database”), and provides SOS Emergency Signal monitoring twenty-four (24) hours a day, seven (7) days a week and 365 days a year. Upon receipt of a SOS Emergency Signal, IERCC personnel will: i) contact, if available, the primary and secondary contacts identified by Company in the Registration Data to attempt to validate the SOS Emergency Signal, ii) use the IERCC database to identify appropriate emergency responder(s) according to available location coordinates; iii) contact the appropriate emergency responder(s) and inform them of the relevant facts in GEOS possession (including Registration Data information and/or location coordinates); iv) if the user is traveling outside of his home territory, and it is consistent with GEOS procedures, contact the Embassy of Company’s government consistent with Registration Data, either in the location identified by the Location Information or their Washington, DC based Embassy, and provide them all relevant facts in GEOS possession; and, v) provide updates of location coordinates as available to the identified emergency responder. Upon contacting the emergency responder(s) and/or, as appropriate, the Embassy, and informing them of all relevant facts, INREACH CANADA and GEOS are released from all further legal responsibility and/or obligation to take any further action whatsoever. Should GEOS have reasonable cause to believe that an emergency condition does not exist, GEOS reserves the right to solely contact the primary and secondary contacts identified by Company.
    3. False SOS Emergency Transmissions. Company is solely responsible for any charges that may be assessed by emergency responders for either false SOS Emergency Signals and/or in relation to search and rescue activities resulting from users’ transmission of a SOS Emergency Signal. Where a GEOS subscription has been obtained: i) should a user deliberately or negligently misuse the SOS Emergency service, the SOS service provider, GEOS, reserves the right to assess a fee in order to recoup their costs in relation to responding to such misuse. Negligent and deliberate misuse includes, but is not limited to, pressing the SOS button to see if it works or otherwise knowingly pressing the SOS button when no emergency situation exists; ii) should it be determined by INREACH CANADA that a user has deliberately or negligently misused the SOS Emergency service, INREACH CANADA shall provide Company’s credit card information on record to GEOS. GEOS shall then, without further notice, bill the credit card the appropriate fee, calculated at a rate of $340 per hour, or stated part thereof, for a minimum charge of one (1) hour and maximum charge of two (2) hours, for each such false SOS Emergency Signal event, and Company shall be responsible to pay any such fee; iii) if Company purchases the optional Search and Rescue services, such Search and Rescue services shall be subject to the terms of a separate agreement with GEOS, located at http://www.geosalliance.com/geos-services/worldwide-search-and-rescue/
    4. Text Messaging. Text Messaging is available to INREACH CANADA users that have compatible INREACH CANADA Products. Text Messages are up to 160 characters for custom or predefined quick text messages that can be transmitted to a person or persons designated by the user. Designated persons may include your personal contacts, the SOS monitoring provider GEOS, and/or social networking sites such as Twitter or Facebook. Company is solely responsible for any data or content sent via Text Messaging, including any consequences of such messaging. Text Messaging is subject to provisions of Section 8.4 Content License. Bundled messages or bytes must be used by the end of each month or the same expire.
    5. Non-Refundable. Pre-paid Service plan fees are non-refundable unless INREACH CANADA cancels the service, in which event Company will receive a pro rata refund for airtime for the unused portion of the prepaid fees. Pre-paid Service plans may not be transferred to a third-party account; however, upon Company’s request, they may be transferred to another INREACH CANADA Product within Company’s account.
    6. Changes to Services. Company agrees that INREACH CANADA or its service providers (including Iridium, and GEOS) may make changes to the Services in order to comply with applicable laws, to maintain or improve the Services or for other business reasons without notice to Company and without liability for any changes in the ability to use the Services or the INREACH CANADA Products, including compatibility issues with the INREACH CANADA Products, as a result of such changes.
    7. Termination by INREACH CANADA. Company agrees that INREACH CANADA may terminate this Agreement and the provision of Services to Company at any time without notice or liability to Company for breach of this Agreement.
    8. Additional Charges. Company’s cell phone service provider and/or internet provider may charge additional fees in relation to any SMS / MMS messages, social connectivity messages and/or other emails and/or data (collectively “Data Plan Fees”) sent by users. Company is responsible for any such applicable charges and fees.
  3. HARDWARE LIMITED WARRANTY
    1. Warranty. INREACH CANADA warrants that the INREACH CANADA Product will be free from defects in materials and workmanship for one year from the date of purchase. If an INREACH CANADA Product fails in normal use, INREACH CANADA will, during the first (90) ninety-days after purchase, at its sole option, either repair or replace the unit. INREACH reserves the right to either repair or replace the unit with a new or refurbished unit at its sole discretion. Such repairs or replacements will be made at no charge for labor or materials; however, Company will be responsible for any shipping charges incurred to send the device to INREACH CANADA. After the first ninety (90) days, INREACH CANADA will repair a unit, but will not replace it. The repaired or replaced product will be warranted for ninety (90) days from the date of return shipment, or for the balance of the original warranty, whichever is longer. This warranty does not cover failures due to abuse, misuse, accidents, or unauthorized disassembly or modification. Any repairs not performed by INREACH CANADA will void this warranty. This warranty gives you specific legal rights and you may also have other rights which vary by jurisdiction. Some jurisdictions do not allow the exclusion or limitation of relief such as incidental or consequential damages, or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty applies to the original purchaser of the product ONLY. REMINDER: Be sure to retain the sales receipt proving the date of your original purchase. This will be needed if warranty service is ever required. INREACH CANADA reserves the right to refuse warranty if a receipt is not provided or if the receipt is incomplete/illegible.
    2. Repairs or replacements under warranty will be made at no charge for labor and materials; however, the customer will be responsible for shipping charges. The repaired or replaced product will be warranted for the balance of the original warranty. The warranty does not cover failures due to abuse, misuse, accidents, or unauthorized disassembly or modification or any damage sustained during shipment of the product. Any repairs not performed by INREACH CANADA will void this warranty.
    3. EXCEPT AS PROVIDED ABOVE, THE INREACH CANADA PRODUCT IS SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES FOR THE INREACH CANADA PRODUCT WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES REGARDING THE CONDITION, DESIGN, SPECIFICATIONS, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INREACH CANADA PRODUCT, OR ANY WARRANTIES THAT THE INREACH CANADA PRODUCT IS FREE FROM LATENT DEFECTS OR DEFICIENCIES, OR THAT THE INREACH CANADA PRODUCT IS FREE FROM INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY AND SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
  4. PAYMENT.
    1. Timely Payments. Company agrees to pay, on time, any applicable activation, Service plan, usage, cancellation, and disconnection fees, plus any applicable taxes. Since the Service plan will renew automatically at the end of each term, INREACH CANADA will bill Company’s credit card, or at INREACH CANADAs discretion, invoice Company, at the time of renewal, or within thirty (30) days prior to the renewal, of each subsequent service term in accordance with the terms of the Agreement. This bill is due and payable in the currency specified in the Agreement. If the plan specifies monthly billing, then the monthly recurring charges are billed monthly in advance; though a partial month may apply for the first month.
    2. Late Payments. Company agrees to pay a late charge of the lesser of (i) 1.5% per month or (ii) the maximum legal rate if the bill is not paid within ten (10) days after the due date. This late charge is applicable to the unpaid balance as of the due date and will be billed on subsequent invoices and statements. Company agrees to pay INREACH CANADA all of INREACH CANADAs collection costs, including without limitation the standard fees of any collection agency, reasonable attorney and legal fees, and any other costs incurred by INREACH CANADA in exercising any of its rights under this Agreement. INREACH CANADA may suspend the Services in the event of late payment. If it does so, INREACH CANADA may charge a reactivation fee (currently $60.00 US) for each suspended Service Plan.
    3. Promotions. If Company uses a promotion code for its purchase, Company certifies that it qualifies for the applicable promotion. Company agrees to the terms of the promotion, including any time limitations, and agrees to provide credit card information for any additional services and to extend the Services beyond the promotional period.
    4. Data Transmission / No Credits. INREACH CANADA will exercise a commercially reasonable level of care but makes no representation as to the success of any data transmission. Regardless of whether a data transmission is successful, no refunds will be given. In addition to limitations resulting from incorrect use (e.g., next to or under an obstruction), satellite communications systems have inherent characteristics that can create dropped data transmissions. Dropped data transmissions, regardless of type, will not be credited regardless of cause. Nor shall INREACH CANADA be liable for any damages that may result from such dropped data transmission.
    5. Taxes. The Service plan price for the Services does not include sales, usage, excise, ad valorem, goods and services, harmonized sales, property or any other taxes or surcharges now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Service. Company agrees to pay these taxes and surcharges.
    6. Credit Approval / Credit Card Trial Authorization. Initiation or continuation of the Services is subject to credit approval by INREACH CANADA. INREACH CANADA may require direct payment by credit card or an authorized guarantee of payment by a valid accepted credit card. Credit cards from outside of the United States and/or Canada will be accepted only after verification with the issuing bank. If Company’s billing address is located outside of the United States or Canada or is a customer without established credit, INREACH CANADA may require that Company prepay the first full year. Verification of credit cards issued by banks outside of the United States or Canada may delay order processing. INREACH CANADA may decline any credit card transaction. INREACH CANADA may seek authorization of a credit card account prior to first activation/purchase to validate that Company can charge the applicable fees to access the Services. By authorizing INREACH CANADA to charge a credit card trial authorization for the fees associated with a subscription, Company is authorizing INREACH CANADA to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs INREACH CANADA of the new replacement card account) for all fees or charges associated with a subscription including any renewal fees as described below. Company authorizes the card issuer to pay any amounts described herein and authorizes INREACH CANADA, or any other company that acts as a billing agent for INREACH CANADA, to continue to attempt to charge all sums described herein to Company’s credit card account until such amounts are paid in full.
    7. Credit Card Authorization. BY AUTHORIZING INREACH CANADA TO CHARGE A CREDIT CARD, COMPANY REPRESENTS THAT IT IS THE AUTHORIZED OWNER OR USER OF THE CREDIT CARD AND THAT IT IS A RESPONSIBLE PARTY FOR THAT CARD. COMPANY GRANTS INREACH CANADA ACCESS TO AND THE RIGHT TO REVIEW THE INFORMATION IN, AND REFERENCES SUBMITTED WITH, THE SERVICE PLAN, OBTAIN CREDIT REPORTS AND CREDIT HISTORY, AND/OR ALL OTHER RELEVANT INFORMATION AND MATERIALS THAT INREACH CANADA REASONABLY BELIEVES IS DESIRABLE FOR THE PURPOSE OF IDENTIFYING YOUR FINANCIAL STATUS AND CREDITWORTHINESS. FURTHER, COMPANY AUTHORIZES INREACH CANADA TO CHARGE COMPANYS CREDIT CARD IN ORDER TO RENEW SERVICE PRIOR TO THE START OF EVERY SERVICE TERM; UP UNTIL SUCH TIME THAT COMPANY CANCELS THE SERVICE IN ACCORDANCE WITH THE AGREEMENT.
  5. DISCLAIMER OF WARRANTIES; LIABILITY.
    1. Disclaimer of Warranty and Liability for the Services and Software. COMPANY EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE, THE INREACH CANADA PRODUCT AND ANY ASSOCIATED SOFTWARE IS AT COMPANYS SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE INREACH CANADA PRODUCT AND ANY ASSOCIATED SOFTWARE ARE PROVIDED AS IS AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, (i) ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) THAT THE SERVICE, THE INREACH CANADA PRODUCT AND/OR ANY ASSOCIATED SOFTWARE WILL MEET COMPANYS REQUIREMENTS, (iii) THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OR OF SATISFACTORY QUALITY, OR OF QUIET ENJOYMENT, (iv) THAT ANY DEFECTS IN THE SOFTWARE OR INREACH CANADA PRODUCT WILL BE CORRECTED, (v) NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. INREACH CANADA GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICE, THE INREACH CANADA PRODUCT, ANY ASSOCIATED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE INREACH CANADA PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS. INREACH CANADA MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. COMPANY IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO AN INREACH CANADA PRODUCT, OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. INREACH CANADA GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICE OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE INREACH CANADA PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS. ALL WEATHER FORECASTING ON THE INREACH WEBSITES ARE PROVIDED BY A THIRD PARTY. INREACH DOES NOT GUARANTEE THAT THE FORECASTING DISPLAYED ON THE INREACH WEBSITES ARE 100% ACCURATE AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF SUCH INFORMATION IN TERMS OF ITS CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ACKNOWLEDGE THAT ALL DECISIONS MADE USING THE WEBSITES’ CONTENT WILL BE YOUR SOLE RESPONSIBILITY. INREACH EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND/OR DEATH, RESULTING FROM YOUR USE OF THE INREACH WEBSITES OR RELIANCE ON THE WEBSITES’ CONTENT AND FORECASTS.
  6. LIMITATION OF LIABILITY.
    1. INREACH CANADA AND ITS SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS EXCLUDE AND DISCLAIM ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR FAULT, NEGLIGENCE OR BREACH OF STATUTORY DUTY), OR OTHERWISE, IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE SATELLITE SYSTEMS, THE INREACH CANADA PRODUCT, THE SERVICES OR THE SOS EMERGENCY MONITORING AND RESPONSE PROVIDED BY GEOS, INCLUDING ANY FAILURE OR DELAY IN THE PROVISION OF SERVICES CAUSED BY ANY OF THE FOLLOWING, WHICH, IF THEY SHOULD OCCUR, COULD LEAD TO A LOSS OF COMMUNICATIONS AT A VITAL TIME RESULTING IN DEATH, PERSONAL INJURY OR DAMAGE TO PROPERTY:
      1. MATTERS OUTSIDE OF INREACH CANADAS OR ITS SERVICE PROVIDERS, REASONABLE CONTROL, WHICH SHALL INCLUDE, BUT ARE NOT LIMITED TO, OUTBREAK OF HOSTILITIES, RIOT, CIVIL DISTURBANCE, ACTS OF TERRORISM, FIRE, EXPLOSION, FLOOD, SNOW, FOG OR OTHER INCLEMENT WEATHER CONDITIONS, FAILURE OF TELECOMMUNICATIONS OR SATELLITE SYSTEMS, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, SURGES IN THE ELECTRICAL MAINS OR CURRENTS, DAMAGE CAUSED BY ELECTROMAGNETIC INTERFERENCE, THEFT, MALICIOUS DAMAGE, STRIKE, LOCK OUT OR INDUSTRIAL ACTION OF ANY KIND; OR
      2. FAILURE, DELAY OR INACCURACY OF THE GPS SATELLITES IN PROVIDING LOCATION COORDINATES; OR
      3. FAILURE, DELAY OR INACCURACY OF THE INREACH CANADA PRODUCT TO PROCESS AND/OR TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNAL(S), AND/OR LOCATION COORDINATES, TO THE IRIDIUM SATELLITE SYSTEM; OR
      4. FAILURE OF OR DELAY IN THE IRIDIUM SATELLITE SYSTEM AND/OR GROUND STATIONS TO PROCESS DATA TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO SOS EMERGENCY SIGNAL(S), LOCATION COORDINATES, PREPROGRAMMED MESSAGES AND DISPLAY, AND TRANSMIT TO THE IDENTIFIED POINTS OF CONTACT AND/OR IERCC AS APPROPRIATE; OR
      5. FAILURE OF OR DELAY IN USERS EMAIL OR CELLPHONE PROVIDER TO TRANSMIT THE MESSAGE TO USER, OR FAILURE OF OR DELAY IN THE IERCC RESPONDING TO SOS EMERGENCY SIGNAL(S); OR
      6. FAILURE OF OR DELAY IN THE INREACH PRODUCT TO TRANSMIT ANY INREACH CANADA MESSAGE(S) TO INREACH CANADA; OR
      7. FAILURE OF OR DELAY ON BEHALF OF THE INREACH CANADA SERVICE PROVIDERS, TO PERFORM THE APPLICABLE SERVICE FOR WHICH EACH IS CONTRACTED; OR
      8. FAILURE TO OBTAIN A CLEAR LINE OF SIGHT TOWARD THE SATELLITE SYSTEMS; OR
      9. FAILURE TO PROPERLY INSTALL OR CONFIGURE THE INREACH CANADA PRODUCTS; OR
      10. FAILURE OF INREACH CANADA AND ITS SERVICE PROVIDERS TO PROVIDE THE SERVICE(S), INCLUDING SOS EMERGENCY SERVICES, DUE TO THE SERVICE(S) HAVING BEEN CANCELLED PURSUANT TO THIS AGREEMENT; OR
      11. NON-COMPATABILITY OF INREACH CANADA PRODUCTS WITH SMARTPHONE OPERATING SYSTEMS AND THIRD-PARTY SOFTWARE; OR
      12. FAILURE OR INADEQUACY OF POWER SUPPLY FOR INREACH CANADA PRODUCTS AND/OR ASSOCIATED PRODUCTS.
    2. IN NO EVENT SHALL INREACH CANADA OR ANY OF SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR SUPPLIERS, HAVE ANY LIABILITY FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP) WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE INREACH CANADA PRODUCT, THE SERVICES (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICE) OR ITS OR THEIR USE BY COMPANY OR ITS USERS OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY COMPANY TO UTILIZE THE SERVICES OR INREACH CANADA PRODUCT. IN NO EVENT SHALL THE TOTAL, MAXIMUM, AGGREGATE LIABILITY OF INREACH CANADA AND ITS SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, INREACH CANADAS SUPPLIERS SERVICES, OR THE INREACH CANADA PRODUCT, EXCEED THE AMOUNT OF THE SERVICE FEE PAID BY COMPANY FOR THE APPLICABLE MONTH.
    3. THE LIMITATIONS IN THIS SECTION 6 SHALL APPLY TO ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES HOWSOEVER CAUSED AND WHETHER FOR BREACH OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.
    4. Legal Notices and End User License Agreement. If Company uses an INREACH CANADA Product, then the INREACH CANADA Product is also subject to the Legal Notices and End User License Agreement which can be found below and at enterprise.delorme.com.
  7. COMPANY OBLIGATIONS.
    1. No Resale. Company may not sell, rent, lease or otherwise charge for the INREACH CANADA Product and/or Services or any information or services associated with or derived from INREACH CANADA Product or Services.
    2. Misuse. Company agrees that it and its employees and authorized users will not use the Services or the INREACH CANADA Product (1) to abuse or misuse the SOS Emergency services, (2) to send messages that are offensive, defamatory, abusive or obscene or intended to harass, (3) for any purpose in violation of law, (4) in any manner that infringes or misappropriates third party rights, or (5) in any manner which overloads or unreasonably interferes with the Services or the satellite systems. Company agrees to use the Services only with the INREACH CANADA Product and not to use any other equipment in connection with the Services unless expressly approved by INREACH CANADA. Failure to adhere to these restrictions may result in termination of this Agreement by INREACH CANADA. Company agrees that it will not attempt to unlock or modify, or reverse engineer INREACH CANADA Product in order to modify it or render it capable of performing functions outside the approved Iridium network described in this Agreement, for the purpose of re- selling the INREACH CANADA Product to a third party, or for any purpose otherwise not permitted by this agreement.
    3. Authorized Users. Company is solely responsible, and assumes any liability, for any user authorized by Company to utilize the INREACH CANADA Product and/or the Services. In addition, Company agrees to pass usage instructions and Service Plan terms and conditions to all of its authorized users.
  8. INREACH CANADA User Account, Websites, Software and Other Licenses.
    1. DeLorme and INREACH CANADA Websites. Use of the DeLorme and INREACH CANADA websites is governed by the terms and conditions of use contained on each such website, as the same may be modified from time to time.
    2. Complete and Accurate Information. Company acknowledges and agrees that the information required in its INREACH CANADA user accounts for each user, including Registration Data, contact information, designated contacts, social connectivity settings, supported service options and pre-programmed messages, is essential for proper provision of the Services. Company certifies that the information is accurate in all respects and may be relied upon by INREACH CANADA to provide the Services. It is Company’s responsibility to ensure that the information supplied by users remains accurate, complete and up to date. Changing an address from one country to another country (for example from the US to Canada) may require service level changes and might incur additional charges on Company’s account. When composing INREACH CANADA messages, Company acknowledges and agrees that it is the users’ sole responsibility to ensure that he selects the intended designated contact from available contacts and is satisfied with the content of the INREACH CANADA message prior to sending it. Users should contact customer care for assistance.
    3. Synchronization of Data. If users use a INREACH Product, it is the users sole responsibility to ensure that he has followed the synchronization process outlined in the User Manual to export any updates and/or changes to Registration Data, contact information, designated contacts, social connectivity settings, supported service options and pre-programmed messages from the INREACH CANADA account to the INREACH Product.
    4. Ownership and Grant of License. The DeLorme GPS Device, INREACH Smartphone Application, and INREACH CANADA Product utilize proprietary software, proprietary firmware and proprietary communication protocols in order to access the INREACH messaging functions and Service (collectively any such software, firmware and/or communication protocols required for use of the INREACH CANADA Product are referred to as the “Software”). This proprietary Software may be owned by DeLorme, by INREACH CANADA or by a third party. This section grants a license (“License”) that permits Company to use the software as required for the INREACH CANADA Product and Service, whether through the DeLorme PN-60w or directly through the INREACH CANADA Product, or through an application installed on a users’ smartphone. This License is non-exclusive, non sub-licensable and non-transferable. This License is also subject to the limitations and conditions of this Agreement. All rights not specifically granted in this License are reserved by INREACH CANADA, DeLorme or the respective third-party owner of such Software. Company acknowledges and agrees that INREACH CANADA and/or third-parties own(s) all intellectual property rights, title, and interest in or, if applicable, licenses to the Software, including, but not limited to, all trademarks, copyrights, data, and content. All title and intellectual property rights in the Software may be protected by applicable copyright or other intellectual property laws and treaties. Company’s use of the Software is solely controlled by this Agreement. The Software is licensed, not sold. If Company is using the device in conjunction with a smart phone application, then use is also subject to any terms and conditions imposed by the terms of any agreement with a smart phone manufacturer or service provider.
    5. Other Restrictions on Use. Company agrees that it will not remove or obscure any proprietary rights notices, copyright notices or trademarks associated with the Software. Company agrees that it will not copy, sell, license, distribute, transfer, modify, adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software for any purpose. Company agrees that it will not attempt to circumvent or defeat the security or content usage rules contained in the Software and/or use the Software in violation of any law or third party rights.
    6. Software Changes and Updates. Company agrees that INREACH CANADA or third-party providers may make changes to the Software and associated Services in order to comply with applicable laws, to maintain or improve the Software and/or the Services or for other business reasons, without notice to Company and without liability for any changes in ability to use the Software, INREACH CANADA Product and/or Service, including compatibility issues, as a result of such changes. These updates may take the form of bug fixes, enhanced functions, new software modules and completely new versions. This License does not grant any rights to obtaining future upgrades, updates or supplements of the Software. If upgrades, updates or supplements of the Software are obtained, however, the use of such upgrades or updates is governed by this Agreement and the amendments that may accompany them and may be subject to additional payments and conditions. INREACH CANADA highly recommends that you ensure that both the DeLorme PN-60w or INREACH Smartphone Application has the most recent software version available and that the INREACH CANADA Product has the most recent firmware version available and that these versions are compatible with each other. INREACH CANADA reserves the right to mandate Company to install the most recent Software version in order to obtain continued Service. Any such mandatory Software updates will be at no additional cost to Company.
    7. Commercial Items / US Government Restricted Rights. This Software and documentation have been developed entirely with private funds. The use of the Software and related documentation by any entity of the United States Government is restricted by the terms of this Agreement. The Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as specified under 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
    8. Content License. Company agree that it is solely responsible for (and that INREACH CANADA has no responsibility to Company or to any third party for) any Content that Company or its users create, transmit or display while using the Services and any associated software and for the consequences of a users’ actions by doing so. Company acknowledges that the INREACH CANADA messages may include location information. Company or its users retain copyright and any other rights already held in Content which is submitted, posted or displayed on or through, the Software and/or the Services. Company acknowledges and agrees that by submitting, posting or displaying the content Company or its users give INREACH CANADA a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which is submitted, posted or displayed on or through, the Services and any associated software. Furthermore, Company agree that this license includes a right for INREACH CANADA to make such Content available to other companies, organizations or individuals as required for the provision of the Services. In order to provide the Services, INREACH CANADA may be required to transmit or distribute user content over various public networks and in various media. INREACH CANADA may also be required to make changes to Content if so required by the technical requirements of connecting networks, devices, services or media.
    9. Third-Party Licenses and Content. If, as part of the use of the Services and any associated software, Company or a user downloads a piece of software, accesses software online, or purchases goods, which are provided by a third party then such use of these other services, software or goods may be subject to separate terms between Company, the user and/or the third- party provider. This third-party content may be protected by intellectual property rights which are owned by the third party. Any reference or links to any third-party content does not necessarily constitute or imply its endorsement, sponsorship or recommendation by INREACH CANADA or its licensors. Third-party product and service information are the sole responsibility of each individual third-party vendor. In addition, it is possible that users may find some third-party content offensive, indecent or objectionable, and that, in this respect, Company and users use the Services at their own risk. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective authors and not of INREACH CANADA. INREACH CANADA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement by anyone other than authorized INREACH CANADA employees acting in their official capacities. Company understands and acknowledges that INREACH CANADA is not responsible for and does not monitor third party content for accuracy or reliability.
    10. Privacy, Data Protection. INREACH CANADA is committed to maintaining the privacy of its customers. In order to access the Services, users will be required to provide information about themselves (such as identification or contact details). Company agrees that any registration information given to INREACH CANADA will always be accurate, correct and up to date. Company agrees and understands that it is responsible for maintaining the confidentiality of passwords associated with any account used to access the Software and the Services. Accordingly, Company agrees that it will be solely responsible for all activities that occur under its account, whether by authorized users or otherwise. If Company becomes aware of any unauthorized use of a password or of an account, Company agrees to immediately notify INREACH CANADA. INREACH CANADA will keep personal data private and confidential, provided however that INREACH CANADA will provide such information to GEOS, the IERCC provider, and that GEOS may provide such information as required to emergency responders in the event that an authorized user triggers a SOS Emergency Signal, including name, registration information, location and message history. INREACH CANADA may also provide information regarding data transmissions to immediate family members of a user and/or emergency responders should it be reasonably determined that an emergency may exist. INREACH CANADA may also share with third parties certain pieces of non-personal, aggregated information, meaning that information from many users is grouped together and is disclosed in such a way that it does not reveal the identity of any particular user, such as INREACH CANADA user demographic data or INREACH CANADA usage data for marketing, advertising or other business purposes. INREACH CANADA may collect information about transmissions, including location, to monitor service quality; however, INREACH CANADA will not monitor the content of Type & Send, pre-programmed SMS and/or email messages to Contacts unless required to do so under applicable law. INREACH CANADA may provide billing information to its parent company and subsidiaries if required for provision of the Services, or to a credit bureau in order to determine credit- worthiness, or to a collection agency should an account become past due, or to GEOS, the SOS Emergency service Provider, in the event that a user deliberately or negligently misuses the SOS Emergency service. With the exception of information provided to GEOS, aggregated information, and/or billing information, INREACH CANADA will not sell or otherwise pass personal information to third parties, except if required by law or pertinent to judicial or governmental investigations or proceedings or if INREACH CANADA considers it necessary to do so to prevent risk of death or serious personal injury to users or others. There are no other circumstances under which INREACH CANADA will provide or sell personal information to third parties. Company consents to the foregoing collection, use and disclosure of personal information (of Company and its users) and to INREACH CANADAs collection, use and disclosure of personal information as set out in this section. INREACH CANADA may also have separate privacy policies regarding the handling of data for INREACH CANADA’s bundled services as stated in the applicable terms and conditions regarding each such INREACH CANADA bundled service.
  9. GENERAL
    1. Export Restrictions. The INREACH CANADA Product and any associated software may be subject to export controls or restrictions by Canada, the United States or other countries or territories. Company agrees to comply with all applicable Canadian, U.S. and international export laws and regulations, including the restrictions on destinations, end users, and end use. Company agrees not to export or re-export the INREACH CANADA Product and any associated software to any country in violation of the export control laws of Canada or the United States of America. The INREACH CANADA Product and any associated software may not be exported or re-exported into any Canadian or U.S. embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the INREACH CANADA Product, the Services and any associated software, Company represents and warrants that it and its users are not located in any such country or on any such list. Company also agrees that it 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.
    2. Copyrights, Intellectual Property, Patents and Documentation. INREACH. All rights reserved. The INREACH CANADA, and related trademarks, names and logos are the property of INREACH or Garmin Switzerland GmbH and its affiliates and are registered and/or used in the U.S. and countries around the world. The INREACH CANADA PRODUCT and other devices and/or associated software and data, including geographic data, are protected by copyright, international treaties, and various patents. The documentation, including all documentation incorporated by reference herein, such as documentation provided or made available at enterprise.delorme.com, is provided “AS IS” and “AS AVAILABLE” and without condition, endorsement, representation or warranty of any kind by INREACH CANADA. INREACH CANADA assumes no responsibility for any typographical, technical, or other inaccuracies, errors, or omissions in this documentation.
    3. Indemnity. To the maximum extent permitted by law, Company agrees to indemnify, defend and hold harmless INREACH CANADA and its affiliates, licensors, service providers and suppliers, their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with the use of the INREACH CANADA Product, the Services and any associated software by Company and/or its employees or other users.
    4. Governing Law. This Agreement is governed by the laws of the State of Delaware without giving effect to conflicts of laws principles. Company hereby expressly consent to venue for any action by INREACH CANADA or any of its suppliers to enforce the provisions of this Agreement in Ontario, Canada, and waive any rights to claim the same is an inconvenient forum.
    5. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. Any headings are provided for convenience only.
    6. No Waiver, Survival. The failure of INREACH CANADA to exercise or enforce any right under this Agreement shall not constitute a waiver of such right. All rights and remedies granted to INREACH CANADA are cumulative and not alternate. If any provision of this Agreement is found invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of this Agreement, and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one. Any provisions that expressly or by their nature should survive termination of this Agreement, including payment obligations, disclaimer of warranty, rights of indemnity and limitation of liability, shall survive such termination.
    7. Assignment. Company may not assign this Agreement or any rights or obligations hereunder, but INREACH CANADA may assign this Agreement and any of its rights and obligations hereunder. This Agreement inures to the benefit of and is binding on the parties respective successors and permitted assigns.

INREACH ENTERPRISE END USER LICENSE AGREEMENT

PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU AND INREACH. YOU UNDERSTAND AND AGREE THAT YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE AND THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS EULA, AND AS MAY BE AMENDED, APPLIES TO THE USE OF ANY SOFTWARE, WHETHER PRE-INSTALLED ON THE INREACH PRODUCT AND/OR DOWNLOADED TO YOUR COMPUTER, THAT MAY BE REQUIRED FOR THE USE OF THE INREACH PRODUCT AND SERVICE (“SOFTWARE”). BY USING YOUR INREACH PRODUCT FOR DELORME AND/OR THE SERVICE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EULA OR ANY APPLICABLE AMENDMENTS. USE OF THE INREACH PRODUCT, USE OF THE SERVICE AND/OR PRESSING THE “I AGREE” BUTTON FOR A DOWNLOAD OF ANY UPDATES, UPGRADES OR SUPPLEMENTS IS CONSIDERED USE OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USE THE SOFTWARE AND PROMPTLY RETURN THE UNUSED SOFTWARE, AS WELL AS THE HARDWARE TO THE PLACE WHERE YOU OBTAINED THEM.

    1. Ownership and Grant of License. The INREACH Product utilizes proprietary software, proprietary firmware and proprietary communication protocols in order to access the INREACH messaging functions and Service (collectively any such software, firmware and/or communication protocols required for use of the INREACH Product are referred to as the “Software”). This proprietary Software may be owned by INREACH or by a third party. This EULA grants a license (“License”) that permits you to use the software as required for your INREACH Product and Service, whether through the GPS device or directly through the INREACH Product, or through an application installed on your smartphone. This License is non-exclusive, non-sub-licensable and non-transferable. This License is also subject to the limitations and conditions of this EULA and the INREACH Terms of Service, which govern the provision of the Service. All rights not specifically granted in this EULA are reserved by INREACH or the respective third-party owner of such Software. You acknowledge and agree that INREACH and/or third-parties own(s) all intellectual property rights, title, and interest in or, if applicable, licenses to the Software, including, but not limited to, all trademarks, copyrights, data, and content. All title and intellectual property rights in the Software may be protected by applicable copyright or other intellectual property laws and treaties. Your use of the Software is solely controlled by this EULA which cannot be changed except by a written agreement executed between you and INREACH. The Software is licensed, not sold. If you are using the device in conjunction with a smart phone application, then your use is subject to any terms and conditions imposed upon by the terms of your agreement with your smart phone manufacturer or service provider. ANY MAPPING FEATURES OR FUNCTIONALITY CONTAINED IN ANY SOFTWARE ARE SUITABLE AND INTENDED ONLY FOR GENERAL VISUAL REFERENCE USE AND SHOULD NOT BE USED FOR ANY PURPOSE REQUIRING EXACT MEASUREMENT OF DISTANCE OR DIRECTION, OR FOR PRECISION IN ADDRESS LOCATION OR IN THE DEPICTION OF GEOGRAPHIC FEATURES. ROUTING DIRECTIONS SHOULD BE USED ONLY AS A TRAVEL AID AND MUST ALWAYS BE VISUALLY VERIFIED BY THE USER ON THE GROUND AND EXECUTED WITH DUE REGARD TO TRAFFIC AND ROAD CONDITIONS, ROAD SIGNS AND REGULATIONS. Please note that map data is merely a graphical representation of geographic features appearing on the face of the earth. Map data may include features, such as roads and trails that are located on private property. Nothing in this License grants the use of, or is intended to imply the right to use, any such private property. It is your responsibility to discern and respect all landowner restrictions. You are solely responsible for complying with all legal requirements relating to land use and for your own safety and for the consequences of your actions in your use of map data. To the extent that data includes information regarding fish and game laws, or the availability of certain property for hunting or fishing, we make no representation or warranty regarding the accuracy of that information. You should always review the most recent version of any applicable fish and game regulations in the jurisdiction where you are recreating.
    2. Other Restrictions on Use. You agree that you will not remove or obscure any proprietary rights notices, copyright notices or trademarks associated with the Software. You agree that you will not copy, sell, license, distribute, transfer, modify, adapt, translate, decompile, reverse engineer, disassemble, nor attempt to derive the source code of, modify, or create derivative works of the Software for any purpose. You agree that you will not attempt to circumvent or defeat the security or content usage rules contained in the Software and/or use the Software in violation of any law or third party rights. Some of the geographic data that you may have access to is licensed from third parties, and is subject to any and all restrictions imposed on us by such third parties, which can be found at the following link: http://www.delorme.com/sources/
    3. Software Changes and Updates. You agree that INREACH or third-party providers may make changes to the Software and associated Services in order to comply with applicable laws, to maintain or improve the Software and/or the Services or for other business reasons, without notice to you and without liability for any changes in your ability to use the Software, INREACH Product and/or Service, including compatibility issues, as a result of such changes. These updates may take the form of bug fixes, enhanced functions, new software modules and completely new versions. This License does not grant any rights to obtaining future upgrades, updates or supplements of the Software. If upgrades, updates or supplements of the Software are obtained, however, the use of such upgrades or updates is governed by this EULA and the amendments that may accompany them and may be subject to additional payments and conditions. INREACH highly recommends that you ensure that all your INREACH Products has the most recent software version available and that your INREACH Products have the most recent firmware version available and that these versions are compatible to each other. INREACH reserves the right to mandate you to install the most recent Software version in order to obtain continued Service. Any such mandatory Software updates will be at no additional cost to you.
    4. Content License from You. You agree that you are solely responsible for (and that INREACH has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Software and/or the Service and for the consequences of your actions by doing so. You acknowledge that the INREACH messages may include your location information. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Software and/or Service. You acknowledge and agree that by submitting, posting or displaying the content you give INREACH a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Software and/or Service. Furthermore, you agree that this license includes a right for INREACH to make such Content available to other companies, organizations or individuals as required for the provision of Service, including any social connectivity sites designated by you. INREACH may also disclose such personal data as may be in the possession of INREACH to third party service providers and/or competent legal authority in connection with your use of the SOS services associated with your subscription plan in order to assist in the effectuation of a rescue. In order to provide the Service, INREACH may be required to transmit or distribute your content over various public networks and in various media. INREACH may also be required to make changes to your Content if so required by the technical requirements of connecting networks, devices, services or media. INREACH reserves the right to disclose personal and location data as well as remotely activate SOS features when notified by competent legal authority that a distress situation exists for the user.
    5. Third-Party Licenses and Content. If, as part of your use of the Software and/or Service you download a piece of software, or purchase goods, which are provided by a third party then your use of these other services, software or goods may be subject to separate terms between you and the third-party provider. This third-party content may be protected by intellectual property rights which are owned by the third party. Any reference or links to any third-party content does not constitute its endorsement, sponsorship or recommendation by INREACH or its licensors. Third-party product and service information are the sole responsibility of each individual third-party vendor. It is possible that you may find some third-party content offensive, indecent or objectionable, and that, in this respect, you use the Services at your own risk. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective authors and not of INREACH. INREACH neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement by anyone other than authorized INREACH employees acting in their official capacities. You understand and acknowledge that INREACH is not responsible for and does not monitor third-party content for accuracy or reliability.
    6. Term and Termination. The license commences upon your use of the INREACH Product and Service, or upon your downloading of any associated Software updates, and is effective until terminated by You or INREACH. If you want to terminate, you may do so by ceasing to utilize the INREACH Product and terminating the associated Service as allowed under the Terms of Service. You agree that we may terminate this EULA and the provision of associated Services to you at any time without notice or liability to you if you are in breach of this EULA or act in any manner which clearly shows you do not intend to, or are unable to, comply with the EULA. INREACH may also terminate this EULA if required to do so by governmental regulatory body and/or law. In such event, you must cease using the INREACH Product and Service. All provisions relating to confidentiality, indemnity, proprietary rights, and non-disclosure shall survive the termination of this Agreement. All other rights and obligations of the parties shall cease upon termination including, but not limited to, all licenses granted hereunder. If terminated by INREACH, INREACH may place a notice on your account or may send an email message to your last email address known to INREACH. INREACH will have no liability if you do not receive INREACH’s notification.
    7. Commercial Items / US Government Restricted Rights. This Software and documentation have been developed entirely with private funds. The use of the Software and related documentation by any entity of the Unites States Government is restricted by the terms of this EULA. The Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as specified under 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
    8. Export Restrictions. The Software may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations, including restrictions on destinations, end users, and end use. You agree not to export or re-export the Software or the INREACH Product to any country in violation of the export control laws of the United States of America. The Software may not be exported or re-exported into any U.S. embargoed countries or 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.
    9. Indemnity. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless INREACH and its affiliates, licensors and suppliers their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Software.
    10. Disclaimer of Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SOFTWARE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. INREACH GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SOFTWARE, THE SERVICE OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE INREACH PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS. INREACH MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR INREACH PRODUCT, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
    11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, INREACH AND ITS SERVICE PROVIDERS AND AFFILIATES, AND THEIR AFFILIATES, RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS HEREBY EXPRESSLY EXCLUDE LIABILITY FOR ANY DAMAGES OR CLAIMS, INCLUDING INJURY OR DEATH, AND ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP) WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE SOFTWARE AND/OR SERVICE (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICE) OR ITS USE BY YOU OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SOFTWARE AND/OR SERVICE. INREACH AND ITS AFFILIATES AND/OR SERVICE PROVIDERS, INCLUDING GEOS, IRIDIUM COMMUNICATIONS, ROADPOST INC.AND THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS EXCLUDE ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE SATELLITE SYSTEM, THE SOFTWARE, THE SERVICE AND/OR THE SOS EMERGENCY MONITORING AND RESPONSE. THIS LIMITATION INCLUDES ANY FAILURE OR DELAY IN THE PROVISION OF SERVICES AS SPECIFIED IN THE INREACH TERMS OF SERVICE.
    12. Changes to the EULA. INREACH reserves the right to change the terms and conditions of this EULA at any time. You can find the most current EULA at enterprise.delorme.com. You understand and agree that if you use the services after the date on which the terms or additional terms have changed, INREACH will treat your use as acceptance of the updated terms or additional terms.
    13. Governing Law. This EULA will be governed and construed in all respects by the laws of the State of Kansas without regard to its conflict of laws and provisions. You and INREACH agree to submit to the exclusive jurisdiction of the courts located within the Johnson County, Kansas to resolve any legal matter arising from this EULA.
    14. General. This EULA constitutes the entire agreement between the Parties with respect to the subject matter hereof. Any headings are provided for convenience only. You may not assign this EULA or any of your rights or obligations hereunder, but INREACH may assign this EULA and any of its rights and obligations hereunder and this EULA shall inure to the benefit of and is binding on INREACH’s respective successors and permitted assigns. The failure of INREACH to exercise or enforce any right under this EULA shall not constitute a waiver of such right. All rights and remedies granted to INREACH are cumulative and not alternate. If any provision of this EULA is found invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of this EULA, and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one.