Nomad Go End User License Agreement for the stand-alone Nomad Go’s HealthySpaces™ app

(www.Nomad Go.com/terms)

Last updated: September 2020

 

This Nomad Go End User License Agreement “Agreement” is a legal agreement between You, an individual residing in the United States or U.S. territories (“You” or “Your”), and Nomad Go, Inc. a Delaware Corporation (“NOMAD Go”). Please read it carefully and completely before installing or using the Nomad Go HealthySpaces™ app.

 

You and Nomad Go agree as follows:

 

By using or installing the stand-alone NOMAD Go Nomad Go HealthySpaces™ app on Your device, You consent to this Agreement. If you do not agree to this Agreement, do not install and do not use the NOMAD Go HealthySpaces™ app.

 

By uninstalling the stand-alone Nomad Go HealthySpaces™ app, You withdraw future consent to this Agreement. However, uninstalling the stand-alone Nomad Go HealthySpaces™ app does not change in any way Your rights and obligations under this Agreement with regard to use of the Nomad Go HealthySpaces™ app between initial consent and any subsequent withdrawal of consent.

 

This agreement applies to the Nomad Go HealthySpaces™ app, which is the version of Nomad Go's HealthySpaces™ on your device including, but not limited to, any Nomad Go update to Nomad Go HealthySpaces™; any supplement to Nomad Go HealthySpaces™; any hosted services on which Nomad Go HealthySpaces™ relies; and support services for Nomad Go HealthySpaces™, unless other terms accompany any such item.

 

1. License Grant

This agreement grants you limited rights under this Agreement to use the Nomad Go HealthySpaces™ app. It does not grant you any ownership or perpetual right to use the Nomad Go HealthySpaces™ app. Subject to this agreement, You may install and use the Nomad Go HealthySpaces™ app on Your device.

 

2. Third Party Software

The Nomad Go HealthySpaces™ app may include third party software that Nomad Go, not the third party, licenses to You under this Agreement. Notices and attributions, if any, for such third party software are included for your information only.

 

3. Privacy

When using the Nomad Go HealthySpaces™ app data is either sent to a Nomad Go hosted service for processing or processed locally within the Nomad Go HealthySpaces™ app, or a combination of both. By accepting this Agreement and using the Nomad Go HealthySpaces™ app, You agree that Nomad Go may collect and process such data, and disclose information derived from the data with the organization where the data was collected, as described in the Nomad Go Privacy Statement available at www.Nomad Go.com/privacy.

 

4. Software as a Service

4.1 Transaction Data. Nomad Go HealthySpaces™ app features transmit certain data about monitored transactions to a Nomad Go hosted service for processing for quality assurance purposes. Such transaction data may include but is not limited to: duration of the transaction; and whether the transaction completed.

4.2 Environmental Data. Nomad Go HealthySpaces™ app features transmit certain environmental data to a Nomad Go hosted service, including but not limited to time, date, geographic location, the device’s IP address, network status, operating conditions, and other data about Your device and app usage.

4.3 Performance Data. Nomad Go HealthySpaces™ app features transmit performance and reliability data to a Nomad Go hosted service, including but not limited to app problems, app failure, data transmission failures, data transmission retries, or problems You experience with the app. Performance Data may also include information about Your use of the app, such as the features You use most often or how frequently You launch the app.

4.4 Advertising Data. Nomad Go HealthySpaces™ app features may acquire advertising content from a Nomad Go hosted service for display on Your device.

4.5 Application Updates. You agree to receive updates automatically, without any additional notice and allow Nomad Go to automatically download and install such updates on Your behalf. Updates may contain new and improved features and fixes to problems at Nomad Go’s sole discretion. Features may also be removed at Nomad Go’s sole discretion.

4.6 Use of Data. Nomad Go uses and processes data collected from the app using artificial intelligence and machine learning algorithms, to operate and improve the Nomad Go app and hosted services. Nomad Go shares such analysis with the organization where the data was collected so that organization can improve their business operations and customer sentiment.

4.7 Misuse of Nomad Go App and Hosted Services. You shall not use the Nomad Go HealthySpaces™ app or hosted services in any way which would harm Nomad Go or any other Internet-based service, or impair anyone else’s use of Nomad Go’s or any other Internet service. You may not use the Nomad Go HealthySpaces™ app or hosted services to try to gain unauthorized access to any service, data, account or network.

 

5. Reservation of Rights

5.1 License Grant. Per Section 1 License Grant of this Agreement, the Nomad Go HealthySpaces™ app is licensed to You for Your use. It is not sold to You and You do not own it.

5.2 Limited Rights. This agreement only grants You limited rights to use the app. Nomad Go reserves all other rights. Unless applicable law gives You more rights despite this limitation, You shall use the app only as expressly permitted in this Agreement. In doing so, You shall comply with any technical limitations in the app that restrict how You may use it.

5.3 License Restrictions.

5.3.1 No Work Arounds Rights. You shall not work around any technical limitations You perceive in the Nomad Go HealthySpaces™ app, including, but not limited to jailbreaking the app, or removing the app from its associated Nomad Go hosted service.

5.3.2 No Reverse Engineering. You shall not reverse engineer or in any other manner, using any other tools attempt to decompile, or disassemble the Nomad Go HealthySpaces™ app, except and only to the extent that applicable law expressly permits despite this limitation.

5.3.3 No Distribution or Transfer Rights. You shall not distribute the Nomad Go HealthySpaces™ app, publish the app for others to copy, rent, lease, lend, or transfer the Nomad Go HealthySpaces™ app or this Agreement to any other person or entity.

 

6. No Support

Nomad Go is under no obligation to provide any support, updates, or additional materials for the Nomad Go HealthySpaces™ app. You agree to obtain the app and any updates only from Nomad Go or Nomad Go authorized sources.

 

7. Export Restrictions

The Nomad Go HealthySpaces™ app is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the app. These laws include restrictions on destinations, end users and end use. 

 

8. No Assignment or Delegation

You shall not assign any rights or delegate any performance under this Agreement without Nomad Go’s express written consent. Any attempted assignment or delegation in violation of this section will be void.

 

9. Governing Law and Venue

The laws of Washington state govern this Agreement. Any suit or claim arising under or by reason of this Agreement shall have jurisdiction and venue in state and federal courts located in King County, Washington.

 

10. Entire and Final Agreement

This agreement is the entire agreement for the Nomad Go HealthySpaces™ app.

 

11. Severability

If any provision of this Agreement is illegal or unenforceable, the remaining provisions will remain in full force if the essential provisions of this Agreement for each party remain legal and enforceable.

 

12. DISCLAIMER OF WARRANTY;LIMITATION OF LIABILITY.

THE APP IS PROVIDED AND LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. NOMAD GO GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, NOMAD GO EXCLUDES ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL NOMAD GO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING THE LOSS OF REVENUE, DATA OR USE, OR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, INCURRED OR SUFFERED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN AN ACTION IN CONTRACT, TORT, BASED ON A WARRANTY OR OTHERWISE, EVEN IF NOMAD GO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS DISCLAIMER AND THE LIMITATION OF LIABILITY ARE FUNDAMENTAL PARTS OF THIS AGREEMENT AND NOMAD GO WOULD NOT AGREE TO ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMER AND LIMITATION.

 

14. Contacting Nomad Go

If You need to contact Nomad Go about the Nomad Go HealthySpaces™ app or this Agreement, you may contact us at info@Nomad Go.com.

About Nomad Go

Nomad Go unlocks actionable knowledge about any built environment, from people counting, to traffic flow, to social distancing. Our Edge Computer AI Vision generates anonymized real-time data streams about physical spaces for analytics, alerts and real-time management of building controls to enable healthier, more energy-efficient and touchless building experiences.

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