ATAK PLUG-IN END USER LICENSE AGREEMENT
Ver. 3630 Last Revised: June 30, 2023
This ATAK Plug-In End User License Agreement (the “Agreement”) is a contract between you (“you” or “your” (whether capitalized or not)) and EVERYWHERE Communications, Inc. (“EVERYWHERE”), for your use of the Plug-In (as defined herein). The term “you” also includes Authorized Users.
PLEASE READ THIS AGREEMENT CAREFULLY. EVERYWHERE PROVIDES THE PLUG-IN SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. BY CLICKING THE "ACCEPT" BUTTON OR BOX OR OTHER MEANS PROVIDED FOR ACCEPTANCE, YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IF YOU ARE A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE PARTY WHO ENTERED INTO THE COMMERCIAL AGREEMENT WITH EVERYWHERE AND BIND SUCH PARTY TO ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, EVERYWHERE WILL NOT AND DOES NOT LICENSE THE PLUG-IN TO YOU AND YOU MUST NOT DOWNLOAD OR INSTALL THE PLUG-IN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THIS AGREEMENT, AND THIS AGREEMENT EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY PLUG-IN THAT YOU DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF THE PLUG-IN.
1. Definitions. All capitalized terms used in this Agreement shall be as defined in the Commercial Agreement unless such capitalized term is defined herein, in which case the meaning set forth in this Agreement shall prevail.
“ATAK” means the Android Team Awareness Kit initially created by the Air Force Research Laboratory and based on the NASA WorldWind Mobile codebase.
“Authorized User” means any individual person who (i) is licensed to use the Products and Services pursuant to the Commercial Agreement; and (ii) who is designated by you as being entitled to use the Plug-In.
“Charges” means the service fees and other charges paid by the Commercial Party to EVERYWHERE for use of the Products and Services under the Commercial Agreement.
“Commercial Agreement” means the agreement (including all ordering documents issued thereunder) entered into between the Commercial Party and the Retailer that covers, among other things, the commercial terms of the use of the Products and Services including, but not limited to, the Charges.
“Commercial Party” means the party that paid or pays the Charges that enables your use of the Products and Services.
“Documentation" means user manuals, technical manuals, and any other materials provided by EVERYWHERE, in printed, electronic, or other form, that describe the installation, operation, use, or technical specifications of the Plug-In.
“Plug-In” means an Android application developed and owned by EVERYWHERE that facilitates the transmission of messages to an EVERYWHERE configured and approved Garmin Inreach Device created using a compatible third party ATAK-enabled application.
“Products” shall have the meaning ascribed to it in the Commercial Agreement.
“Retailer” means the party that receives the Charges from the Commercial Party and entered into the Commercial Agreement with the Commercial Party. The Retailer could be EVERYWHERE or one of its authorized channel partners.
“Services” shall have the meaning ascribed to it in the Commercial Agreement.
“Smartphone” means an Android smartphone capable of running the Plug-In.
“Specifications” means the Specifications set forth in Schedule A (Plug-In Specifications).
2. Licensing Terms
2.1 License Conditioned Upon Agreement To Terms. EVERYWHERE and its licensors grant to you of the licenses to use the Plug-In is conditioned upon your agreement to the terms and conditions set forth in this Agreement. Your license to use the Plug-In is also conditioned upon your ongoing authorization to use the Products and Services pursuant to a current and valid Commercial Agreement.
2.2 EVERYWHERE Plug-In License Grant. Subject to and conditioned upon payment of the Charges and your strict compliance with all terms and conditions set forth in this Agreement and the Commercial Agreement, EVERYWHERE grants to you during the term specified for use under the Commercial Agreement the following license. Your license shall be for your own use and not for resale to third parties. EVERYWHERE grants you a limited, revocable, nontransferable, non-sublicensable, and nonexclusive license to use, execute, and copy the Plug-In (but not create derivative works thereof) on Smartphones in accordance with the Specifications for the limited purpose of using the Plug-In for the Intended Purpose. “Intended Purpose” means using the Plug-In solely in connection with: (i) the EVERYWHERE Hub; (ii) if the Commercial Agreement authorizes your use of EMSS Products, then in connection with EMSS gateways supported by the Plug-In; and (iii) only on Garmin Inreach Devices that are configured for use in connection with the EVERYWHERE Services. No license is granted under this EVERYWHERE Plug-In License to access, copy, or use the source code to the Plug-In. EVERYWHERE reserves all rights not expressly granted under this Agreement.
2.3 Limitations on Use. Without the express written authorization from EVERYWHERE, you shall not (nor through any third party): (i) use, copy, duplicate or reproduce all or any portion of the Plug-In (including the Documentation) for any purpose other than as specified in this Agreement or the Commercial Agreement; (ii) decompile, disassemble, re-program, analyze, reverse engineer, decode, or unlock any of the Plug-In (in whole or in part) or otherwise attempt to reconstruct, identify or discover any underlying ideas, underlying user interface techniques or algorithms, or source code, or disclose any of the foregoing (except to the extent such restriction is prohibited by law); (iii) except as expressly authorized herein or the Commercial Agreement, sell, rent, lease, license, sublicense or in any way redistribute any or all of the Plug-In; (iv) use the Plug-In to create a service bureau, timesharing arrangement, or application service provider; (v) modify, enhance, alter, adapt, translate, prepare derivative works of all or any portion of the Plug-In or attempt to do so; (vi) remove, obscure, destroy or alter EVERYWHERE’s or its licensors’ product identification, copyright notices, trademarks, trade secrets or other proprietary rights notices affixed to or contained within the Plug-In or Documentation; (vii) permit the Plug-In to be used, examined, reviewed or inspected by others, other than by Authorized Users, auditors or governmental agencies as required by law; (viii) disclose the results of any benchmark or evaluation of the Plug-In to any third party (whether or not obtained with EVERYWHERE’s assistance) without EVERYWHERE’s prior express written consent; (ix) use the Plug-In, Documentation or any information contained therein or otherwise provided by EVERYWHERE or its licensors for the purposes of developing, or having developed, any products or services competitive with the Plug-In; (x) use, authorize or allow Authorized Users to use the Plug-In while driving any motorized vehicle; (xi) attempt to circumvent or defeat the security or content usage rules contained in the Plug-In and\or use the Plug-In in violation of any law or third party rights; (xii) incorporate, link, or distribute the Plug-In with any code or software licensed under the GNU General Public License (“GPL”), Lesser General Public License (“LGPL”), Mozilla, or any other open source license, in any manner that could cause or could be interpreted or asserted to cause the Plug-In (or any modifications thereto) to become subject to the terms of the GPL, LGPL, Mozilla or such other open source license. You shall not authorize, or acquiesce in, any other person engaging in any of the foregoing activities, or attempting to do so. Should it become known to you that an Authorized User has attempted to do any of the aforementioned activities, you shall immediately notify EVERYWHERE and direct such Authorized User to cease and desist in the activity.
2.4 Open Source. The Plug-In contains certain Open Source Software listed in Schedule B (Open Source Software). Usage of the Plug-In is subject to certain rights and responsibilities with respect to the Open Source Software and is governed according to the terms of the applicable Open Source Licenses specified in Schedule B. “Open Source Software” means software made available to others under the terms of an Open Source License; “Open Source License” means a software license that includes, but is not limited to, terms that: (a) permit distribution or redistribution of the software, including free of charge and for sale, by others without royalty or fee and allows for such distribution/redistribution to include source code and compiled code; (b) permits modifications, compilations, and derived works be created from the software and be distributed under the same terms as the original software; or (c) attach to the software and applies to all persons, entities, groups, organizations and institutions (the “Recipients”) to whom the software is distributed and/or who redistribute the software without the need for the Recipients to execute or otherwise acquire an additional license.
2.5 US Government Rights. The Plug-In is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are a US Government employee or any contractor therefor, the US Government shall receive only those rights with respect to the Plug-In and Documentation as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
3. Privacy Policy. Your use of the Plug-In is subject to the terms and conditions of the EVERYWHERE privacy policy set forth at https://everywherecomms.com/privacy-policy. (the “Privacy Policy”). EVERYWHERE collects, uses, and shares information from and about your use of the Plug-In as well as the Products and Services. The Privacy Policy describes what EVERYWHERE does with that information. Your use of the Plug-In represents your consent to the collection, use, and sharing of information described in the Privacy Policy and in any revisions to the Privacy Policy, which may be modified as described in that document.
4. Compliance With Laws. You agree to abide by all local, state, national, and international laws and regulations applicable to your use of the Plug-In including, without limitation, all licensing, intellectual property and privacy laws. If you desire to operate the Plug-In while in foreign territories, then you shall be required to obtain any and all licensing or approvals that may be required to operate within that foreign territory. Notwithstanding any other provision of this Agreement or the Commercial Agreement, EVERYWHERE does not guarantee or warrant any authority to radiate from foreign territories other than those allowing trans-border operations of satellite equipment and EVERYWHERE does not represent that to do so will be lawful in all cases and you assume all responsibility for complying with the laws of each foreign territory in which you operate the Plug-In.
5. Use By Authorized Users. You will ensure that each Authorized User complies with the terms of this Agreement and the Documentation, as may be amended, and any instruction issued by EVERYWHERE and its licensors with respect to the use of the Plug-In.
6. No Maintenance and Support. This Agreement confers no maintenance or support obligations upon EVERYWHERE. Any maintenance or support that may be available to you, if any, may be provided under the terms of the Commercial Agreement.
7. EVERYWHERE Intellectual Property Rights. You acknowledge that the intellectual property rights underlying the Plug-In, Products, Services, and Documentation (collectively, the “EVERYWHERE IP”) is owned by, and shall remain the sole property of EVERYWHERE and its licensors, that the EVERYWHERE IP contains, embodies and is based upon worldwide patented or patentable inventions, trade secrets, copyrights and other intellectual property rights (collectively, “Intellectual Property Rights”) owned or licensed by EVERYWHERE and its licensors, and that EVERYWHERE and its licensors shall continue to be the sole owner of all Intellectual Property Rights in and to the EVERYWHERE IP worldwide including, without limitation, any derivative works. This Agreement does not convey to you title or ownership of the Intellectual Property Rights underlying the EVERYWHERE IP, but only a right of limited use in accordance with this Agreement. You acknowledge that the EVERYWHERE IP provided by EVERYWHERE pursuant to this Agreement is entitled to protection under applicable copyright and other intellectual property laws and constitute valuable assets, trade secrets and proprietary rights of EVERYWHERE or its licensors.
8. GENERAL DISCLAIMER OF WARRANTY. SUBJECT ONLY TO ANY WARRANTY RIGHTS THAT YOU MAY HAVE UNDER THE COMMERCIAL AGREEMENT, EVERYWHERE AND ITS LICENSORS DO NOT MAKE ANY WARRANTIES, TERMS, REPRESENTATIONS OR STATEMENTS WHATSOEVER WHETHER EXPRESSED OR IMPLIED BY STATUTE, CUSTOM, USAGE OR OTHERWISE WITH RESPECT TO THE PLUG-IN, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, INTERFERENCE WITH YOUR ENJOYMENT OF THE PLUG-IN, AND NON-INFRINGEMENT, OF MERCHANTABILITY OR QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE PLUG-IN IS ACCURATE OR COMPLETE, AND ALL SUCH WARRANTIES ARE DISCLAIMED HEREBY. EVERYWHERE MAKES NO REPRESENTATION OF ANY KIND THAT THE PLUG-IN WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS. THE PLUG-IN IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT NO COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE SHALL APPLY TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOUR ONLY REMEDIES IN RESPECT OF ANY CLAIM WHATSOEVER THAT YOU MAY WISH TO BRING AGAINST EVERYWHERE AND ITS LICENSORS ARE AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR UNDER THE COMMERCIAL AGREEMENT. EVERYWHERE AND ITS LICENSORS MAKE NO REPRESENTATIONS THAT THE PLUG-IN WILL BE ERROR FREE, FREE FROM DATA LOSS, INTERRUPTION, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND EVERYWHERE AND ITS LICENSORS DISCLAIM ANY LIABILITY RELATING THERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY REPRESENTATIVES OF EVERYWHERE SHALL CREATE A WARRANTY.
9. LIMITATION OF LIABILITY. EVERYWHERE AND ITS LICENSORS OR ANY THIRD PARTY SUPPLIER SHALL, UNDER NO CIRCUMSTANCES, HAVE ANY LIABILITY WHATSOEVER TO YOU OR ANY AUTHORIZED USERS FOR:
a) ANY INDIRECT OR CONSEQUENTIAL LOSS OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFIT, REVENUE OR GOODWILL OR LOSS OF USE OF THE PLUG-IN BY YOU OR FOR ANY OF YOUR LIABILITY TO ANY OTHER PARTY OF WHATEVER KIND HOWSOEVER ARISING (INCLUDING BUT NOT LIMITED TO ECONOMIC LOSS, ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE PRODUCTS AND SERVICES; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; OR CLAIMS FOR DAMAGES OR AWARDS OR OTHERWISE);
b) ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU UNDER OR IN CONNECTION WITH THIS AGREEMENT (WHETHER ARISING IN CONTRACT OR IN TORT OR OTHERWISE AND WHETHER AS A RESULT OF NEGLIGENCE OR OTHERWISE) EXCEPT TO THE EXTENT OF AN AMOUNT EQUAL TO THE ANNUAL RATE OF THE CHARGES FOR THE PRODUCTS AND SERVICES AS OF THE DATE THE CLAIM ARISES WITH RESPECT TO ANY ONE EVENT OR SERIES OF TWO OR MORE CONNECTED EVENTS; OR
c) ANY INACCURACIES, COMPLETENESS, DELAYS, FAILURES TO TRANSMIT, INTERRUPTIONS, TERMINATION OF INFORMATION, ERRORS OR OMISSIONS, THE CONTENT OF THE INFORMATION, LACK OF SECURITY IN DELIVERY OF THE INFORMATION, REGARDLESS OF CAUSE, IN THE INFORMATION.
10. Suspension of Use. EVERYWHERE and its licensors will be entitled, on reasonable grounds, including the reasonable belief of fraud or illegal activity by you, or any individual under your control, in their use of the Plug-In, to suspend access by you to the Plug-In. You understand that EVERYWHERE and its licensors may be required by law enforcement agencies to disclose information regarding your use of the Plug-In and that EVERYWHERE and its licensors will comply with such requests.
11. Termination.
11.1 Termination of Commercial Agreement. If your Commercial Agreement is terminated for any reason or your subscription to use the Services under the Commercial Agreement expires or is terminated for any reason, then your license to use the Plug-In automatically terminates.
11.2 Termination by EVERYWHERE. EVERYWHERE may terminate this Agreement:
a) with immediate effect by written notice given by EVERYWHERE if EVERYWHERE’s agreement with a supplier or licensor of the Plug-In is terminated or restricted for any reason; or
b) with immediate effect by written notice given by EVERYWHERE or its licensors if you commit any material breach of any term of this Agreement that (in the case of a breach capable of being remedied) shall not have been remedied within five (5) business days of a written request to remedy same.
11.3 Upon Termination. Upon expiration or termination of this Agreement in whole or in part, all right to use the Plug-In ceases, any licenses set forth in this Agreement shall terminate, and you must uninstall and delete all components of the Plug-In supplied and, if requested by EVERYWHERE or its licensors, certify to EVERYWHERE or its licensors that such deletion occurred.
12. Assignment. This Agreement and the rights and obligations hereunder may not be assigned, delegated, sublicensed or transferred by you without the prior written consent of the EVERYWHERE. Any attempted assignment, delegation, sublicense or transfer by you without such written consent shall be void and of no effect. EVERYWHERE shall be free to assign its rights and obligations hereunder.
13. Export Regulation. The Plug-In, Products, Services, and Documentation are subject to United States export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Plug-In, Products, Services or Documentation to, or make the Plug-In, Products, Services or Documentation accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Plug-In, Products, Services or Documentation available outside the United States.
14. Force Majeure. EVERYWHERE shall not be liable to you or shall not be subject to termination of this Agreement for any delay, nonperformance, loss or damage because of reasons beyond EVERYWHERE’s reasonable control including, but not limited to, acts of God, natural casualties, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, labor or material shortages, strikes, communication systems failures, satellite failures, internet service provider failures or delays, or denial of service attacks, war, riots, power failures, or transportation conditions (each a “Force Majeure Event”).
15. Governing Law and Dispute Resolution. This Agreement shall be governed by the laws of the same state or commonwealth as set forth in the Commercial Agreement. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. Any disputes arising hereunder shall be handled in accordance with the dispute resolution provisions of the Commercial Agreement. Notwithstanding the foregoing, you agree that in the event of any breach of any of the intellectual property rights set forth in this Agreement, EVERYWHERE may not have an adequate remedy in money or damages and shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. EVERYWHERE's right to obtain injunctive relief shall not limit its right to seek further remedies.
16. Miscellaneous Provisions. A failure or delay of EVERYWHERE to enforce any of the provisions of this Agreement shall in no way be construed to be a waiver of such provisions. In the event that any provision of this Agreement shall be held to be invalid, the remaining provisions of this Agreement shall be unimpaired and the invalid provisions shall be replaced by a mutually acceptable provision. This Agreement may be updated from time-to-time by EVERYWHERE by its posting changes thereto on its website. The parties agree that where the context of any provision indicates an intent that it shall survive the termination of this Agreement, then it shall so survive. Damages may be an inadequate remedy in the event of a breach by either party to this Agreement and that any such breach by either party may cause the other party great and irreparable injury and damage. Accordingly, both parties agree that the party claiming breach shall be entitled, without posting a bond or waiving any additional rights or remedies otherwise available to it at law or in equity or by statute, to injunctive and other equitable relief. This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior discussions, agreements and representations, whether oral or written and whether or not executed by the parties (except for the Commercial Agreement which shall remain in full force). The headings in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any of its provisions. All personal pronouns used in this Agreement, whether used in the masculine, feminine or neuter gender, shall include all other genders, the singular shall include the plural, and vice versa, as the context may require.
-- End of Agreement –
Schedule A
Plug-In Specification
ATAK Plug-In Specifications:
1. Send messages to apps, InReach Devices, and other ATAK plugin users using EVERYWHERE Services in the same account (or if the Commercial Agreement authorizes your use of EMSS Products, then in connection with EMSS gateways supported by the Plug-In)
2. Sync contacts from the paired inReach Device to ATAK contact list
3. Provide Device status information about the connected inReach Device
Schedule B
Open Source Software
|
Open
Source |
Ver. |
Download Link |
Open Source License |
|
|
Name |
Full Text Available at |
|||
|
EVERYWHERE ATAK Plug-In |
||||
|
Kotlin Standard Library JDK 8 extension |
1.8.0 |
https://mvnrepository.com/artifact/org.jetbrains.kotlin/kotlin-stdlib-jdk8 |
Apache 2.0 |
|
|
constraintlayout |
2.2.0-alpha09 |
https://mvnrepository.com/artifact/androidx.constraintlayout/constraintlayout/2.2.0-alpha09 |
Apache 2.0 |
|
|
androidx.lifecycle:lifecycle-viewmodel-ktx: |
2.4.0 |
https://androidx.tech/artifacts/lifecycle/lifecycle-viewmodel-ktx/2.4.0-alpha03 |
Apache 2.0 |
|
|
androidx.appcompat:appcompat |
1.3.1 |
https://mvnrepository.com/artifact/androidx.appcompat/appcompat/1.3.1 |
Apache 2.0 |
|
|
androidx.fragment:fragment-ktx |
1.4.0 |
https://mvnrepository.com/artifact/androidx.fragment/fragment-ktx |
Apache 2.0 |
|
|
com.benasher44:uuid-jvm |
0.4.0 |
https://mvnrepository.com/artifact/com.benasher44/uuid-jvm |
MIT |
|
|
com.google.guava:guava |
27.0.1-android |
https://mvnrepository.com/artifact/com.google.guava/guava/27.0.1-android |
Apache 2.0 |
|
|
com.squareup.okio:okio |
3.0.0 |
https://github.com/square/okio/ |
Apache 2.0 |
|
|
co.touchlab:Kermit |
1.2.2 |
https://github.com/touchlab/Kermit |
Apache 2.0 |
|
|
com.google.code.gson:gson |
2.10.1 |
https://mvnrepository.com/artifact/com.google.code.gson/gson/2.10.1 |
Apache 2.0 |
|
|
joda-time:joda-time |
2.12.5 |
https://mvnrepository.com/artifact/joda-time/joda-time/2.12.5 |
Apache 2.0 |
|