EULA

GCC End-User License Agreement

Last updated March 24, 2017

 

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE "EULA" or "AGREEMENT") BEFORE DOWNLOADING, INSTALLING,OR USING ANY SOFTWARE PROVIDED BY GCC ("GCC" OR "WE"), OR ENABLING, DISTRIBUTING, OR PACKAGING ANY SUCH SOFTWARE (COLLECTIVELY, THE "GCC SOFTWARE"). THE GCC SOFTWARE DOES NOT INCLUDE CUSTOM CONTENT (AS DEFINED IN SECTION 2 BELOW) OR OPEN SOURCE SOFTWARE (AS DEFINED IN SECTION 4 BELOW). THIS IS A LEGAL AGREEMENT BETWEEN GCC AND YOU. THIS EULA GOVERNS YOUR ACCESS TO AND USE OF THE GCC SOFTWARE.

 

GCC is willing to license the GCC Software to you only on the condition that you accept all the terms contained in this EULA. By downloading, installing or using the GCC Software, you acknowledge and agree that you have read and understand this EULA and accept all of its terms. If you agree to this EULA on behalf of another person or legal entity including, without limitation, another business, you represent and warrant that you have the authority to bind that entity to this EULA and your agreement to this EULA will be treated as the agreement of the entity. In that event, "you" and "your" will refer and apply to that entity. If you do not accept this EULA in its entirety, then GCC is unwilling to license the GCC Software to you and you may not access or use the GCC Software. Any use of the GCC Software by you under these circumstances will be considered a violation of Intellectual property laws and may subject you to civil and/or criminal penalties.

 

1.         Modification of These Terms.

 

GCC reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If GCC materially modifies this EULA it will update the "Last Updated Date" at the top of this Agreement. By continuing to use the GCC Software after GCC has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to uninstall the GCC Software. This Agreement will also govern any software upgrades and/or updates provided by GCC that upgrade and/or supplement the GCC Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

 

2.         The GCC Software and Custom Content.

 

1.   GCC provides a platform that allows third parties ("Content Providers") to provide content to GCC for publication via the GCC Software. Following your agreement to this EULA, the GCC Software is installed on your mobile device. The GCC Software may include web search box(es), and other features. Such installed features are further detailed in section 7 below. In addition, the installation of the GCC Software may enable GCC to access, use and collect a variety of information, both personal and non-personal, regarding your usage of the GCC Software, and information about your mobile device (additional information is further detailed in section 7 below).

 

2.   The content provided by the Content Provider may take the form of tables, data, information, links, web pages, images, software and code, text, photos, audio or video, and/or visual works and components (collectively "Custom Content"), and then distributing it to you via the GCC Software. Although GCC may assist Content Providers by providing layout and formatting services for publication purposes, GCC does not take any responsibility for any Custom Content a Content Provider provides to GCC for publishing through the GCC Software. Such Custom Content may include without limitation, emergency response instructions, contact information, maps, diagrams and other information designed to supplement an Emergency Operations Plan.  The Content Provider intends that the Custom Content be distributed as a package to be displayed by the GCC Software. Some Custom Content may contain Cookies or other tracking mechanisms. As used herein, "Cookie" means a small piece of information that is placed on your device’s Browser while you are viewing a website or using the GCC Software, and/or the Custom Content. Because Custom Content is stored on your mobile device, the Custom Content takes up storage space on your mobile device’s internal storage. The amount of storage space will vary based on the size of the Custom Content. Some of the data stored in this storage space may include your personal information. Please review the policies of the Content Providers for information about their practices.

 

3.   Content Providers (the organizations providing you with the Custom Content) may have their own terms and conditions and privacy policies and we urge you to review them prior to using their Custom Content, as your use of such Custom Content may be subject to these terms and conditions and privacy policies. Custom Content is not owned by GCC. GCC is not responsible for any Custom Content and you acknowledge that Custom Content may be modified or removed by its respective content owners at any time. You assume all responsibility and risk of use of any Custom Content and GCC hereby disclaims any and all liability to you or any third party related thereto. GCC does not have any obligation to examine or scan Custom Content, for any purpose, and is not responsible for the accuracy, completeness, appropriateness or legality of any Custom Content. The fact that Custom Content is available via the GCC Platform or otherwise, is not an endorsement, authorization or representation of GCC's affiliation with any Content Provider or other third party, nor is it an endorsement of such Custom Content and you hereby waive any legal or equitable rights or remedies you have or may have against GCC with respect thereto.

 

4.   In addition, GCC, as a platform provider, uses and may provide Content Providers and other third parties with a number of tools to enable them to customize and design an unrestricted array of content that may be distributed to you. Some of these tools may give GCC or said third parties the ability to access, collect, store and/or share your information. As GCC is merely the provider of the technology and these third parties are electing to integrate it in their Custom Content and make it available to you, such features are also considered Custom Content.

 

3.   License to Software and Use.

 

1.   Conditioned upon your compliance with the terms and conditions of this EULA, GCC hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the executable form of the GCC Software on a single device (whether mobile device or other), solely for your use, provided that you use the GCC Software on a device (whether mobile device or other) owned or controlled by you. You may make a single copy of the GCC Software for backup purposes. GCC reserves all rights in the GCC Software not expressly granted to you in this EULA.

 

2.   With respect to any Custom Content that may be incorporated with or into any GCC Software, you acknowledge and agree that your use of such Custom Content shall also be subject to its respective usage and privacy terms. You further acknowledge and agree that the GCC Software, on its own, is NOT AN EMERGENCY OPERATIONS PLAN. The GCC Software is merely a distribution platform for presenting a Content Provider’s Custom Content to you. A Content Provider may require that a unique username, password, and/or PIN (“Security Codes”) be used to access their Custom Content. You are solely responsible for maintaining control and confidentiality of the Security Codes, and further acknowledge and agree that you will be subject to any usage and privacy terms of the Custom Content, including the assumption of liability for accidental or purposeful distribution thereof.

 

3.   With respect to all Custom Content distributed through the GCC Software, you acknowledge and agree that your possession and use of such Custom Content shall be subject to license rights provided to you by the Content Provider. The Content Provider, through utilization of Security Codes, assumes full responsibility for maintaining licenses and use rights for all users, whether foreseeable or unforeseeable.

 

4.   As part of the installation process of the GCC Software, changes may be made to your mobile device settings. By installing the GCC Software, you agree you have approved such changes and you understand you can reconfigure such settings at any time from within your mobile device Setting Menu. Such changes may include, without limitation, the following:

 

1.   Allowing software updates of the GCC Software once a new version is released and the ability to send notifications.

2.   Allowing the Content Providers to send push notifications.

3.   Allowing GCC and/or Content Providers access to location-based information.

 

5.   You may not use the Custom Content in any manner that could: (i) damage, disable, overburden, or impair the Custom Content (or any server or networks hosting the Custom Content), or (ii) interfere with any third party's use of the Custom Content (or any server or networks hosting the Custom Content).

 

4.   License Restrictions.

 

1.   Except as expressly specified in this EULA, you may not: (a) copy or modify the GCC Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the GCC Software to any third party; or (c) use the GCC Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the GCC Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of GCC and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the GCC Software provided in object code or any other GCC products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

 

2.   Any Open Source Software that may be incorporated within or accompanying the GCC Software is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Software. As used herein "Open Source Software" means open source software components provided with the GCC Software that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the GCC Software. This EULA does not apply to any Open Source Software accompanying the GCC Software and GCC hereby disclaims any and all liability to you or any third party related thereto.

 

5.   Updates; Additional Services; Tests.

 

1.   The GCC Software may automatically download and install updates from GCC, from time to time. These updates are designed to improve, enhance and further develop the GCC Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit GCC to deliver these to you) as part of your use of the GCC Software.

 

2.   Further, you agree that by using the GCC Software you may periodically send technical data and related information to GCC to plan the provision of updates, product support and other services to you, if any, related to the GCC Software. Such information may include, but is not limited to, technical information or personal preferences about your computer or device (whether mobile device or other), and/or internet Browser and/or system. Additionally, you agree GCC may conduct testing and change the look and feel of the GCC Software or add additional features in order to improve your experience with the GCC Software.

 

3.   Your only recourse if you are unhappy with any of the modifications to the GCC Software is to uninstall the GCC Software.

 

6.   Proprietary Rights.

 

1.   The GCC Software is licensed, not sold to you. You acknowledge and understand that GCC owns all right, title and interest in and to the Software, including without limitation all intellectual property rights therein. The GCC Software is protected by United States (and other countries) copyright, trademark, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the GCC Software as delivered to you.

 

2.   All rights in the Custom Content, including all ownership rights are reserved and remain with the Content Provider. You agree that such Content Provider may enforce their rights against you directly in their own name. GCC is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any contracts, rules, policies or procedures applicable to your use of any Custom Content.

 

7.   Privacy and Legal Rights

 

1.   Information Collection and Use – it is not necessary for you to provide any Personally Identifying Information to use the GCC Software. "Personally Identifiable Information" is information that identifies an individual including your login credentials to a third party website, name, postal address, or email address.

 

The GCC Software may collect unidentifiable and non-personal statistical data to enable quality assurance and improve support processes. Such non-personal data includes unidentifiable usage of the GCC Software (for example; information about your device, your carrier and/or mobile software application platform statistical usage data, and device specific technical events such as software crashes or errors).

 

When you are on a mobile device, you are using a third party to access the Internet and/or the GCC Software. All requests must be sent through your mobile carrier's network and the carrier may have access to it. Your carrier's actions are subject to the privacy policy of your carrier.

 

If you send us a request or a communication through your mobile device we may log your unique device identifier number. This is an ID number that is unique to your mobile device and if you have sent us a communication through this mobile device, we may be able to link your unique ID number to your e-mail address.

 

As part of the functionality available on the GCC Software, GCC may offer you search features provided by GCC and/or third parties. Search queries may be collected by GCC and shared with third parties that provide it with search features. Such search queries may be non-personal or may be personal depending on your search query. For instance, if you search your own name, that would be considered Personally Identifiable Information. In addition, we may share your search queries with other third parties in order to provide you with relevant offers and services in the GCC Software.

 

The GCC Software may ask for your location information in order to provide you with certain services. You will be asked to opt in to provide your location information through the GCC Software and you can turn off the location feature at any time through your mobile device controls.

 

In the event GCC goes through a business transition such as a merger, acquisition by another company, bankruptcy, or sale of all or a portion of our assets, your information may be among the assets transferred unless otherwise severed under a separate Content Provider’s agreement to do so.

 

GCC prohibits the violation of a user's privacy rights and the distribution of materials that are illegal, infringing or may be deemed offensive by GCC, in its sole discretion, as part of its terms of service and user agreements. If you believe that your legal or privacy right has been violated while using the GCC Software or Custom Content, GCC encourages you to report such matters to GCC immediately. GCC will, at its discretion, examine your complaint and take commercially reasonable efforts to attempt to resolve the issue as part of GCC's commitment to providing a positive user experience.

 

2.   Third Party Content – the third party (Content Providers) may, for the duration of their relationship with GCC, choose to add, edit, or remove content to the GCC Software. This content is subject to the use policies of the third parties.

 

You may also want to add to or change the Custom Content package displayed by the GCC Software as part of your ongoing usage. GCC encourages you to contact the Content Provider responsible for the Custom Content package that you wish to add to or change.

 

 

8.   Your Obligations.

 

1.   You hereby acknowledge and agree to only use the GCC Software as permitted in this EULA.

 

2.   You agree to comply with all applicable laws, rules and regulations when using the Custom Content. You will not use the Custom Content to infringe anyone's rights, including, without limitation, any intellectual property rights of any person or entity.

 

3.   You agree that you are solely responsible for (and that GCC has no responsibility to you or to any third party) your use of the Custom Content, any breach of your obligations under the EULA, and for the consequences (including any loss or damage which GCC may suffer) of any such breach.

 

9.   No Obligation.

 

GCC is not obligated to maintain or support the GCC Software, or to provide you with updates, fixes, or services related thereto. You understand that during and/or by using the GCC Software or the Custom Content, you may encounter Custom Content that may be inaccurate, misleading, out-of-date or otherwise incorrect. Nevertheless, you agree to use the Custom Content at your own risk and that GCC shall not have any liability to you with respect to such content.

 

10. Government Users.

 

Any use, duplication, or disclosure of the GCC Software and/or Custom Content by the U.S. government is subject to the restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Manufacturer is GCC. If any governmental entity, Federal, State, or Municipality has a need for rights not conveyed under the terms of this EULA, it must negotiate with GCC a mutually agreed upon addendum specifically conveying such rights.

 

11. Export Laws.

 

1.   You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Custom Content nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree you will not export nor re-export the Custom Content nor any technical data related thereto nor any direct product thereof to any U.S. embargoed country.

 

2.   By downloading and using the Custom Content, you further represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

12. Disclaimer of Warranties.

 

In addition to the limitations of GCC’s liability expressly contained in this Agreement, GCC further disclaims any warranty related to any Custom Content. You acknowledge and agree that you assume all the responsibility and risk for your use of the Software and the results and performance thereof and your use of any Custom Content. THE GCC SOFTWARE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. GCC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GCC OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. GCC DOES NOT REPRESENT OR WARRANT THAT: (I) THE GCC SOFTWARE OR ANY CUSTOM CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE GCC SOFTWARE OR ANY CUSTOM CONTENT WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE GCC SOFTWARE, ANY CUSTOM CONTENT AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE GCC SOFTWARE OR ANY CUSTOM CONTENT, INCLUDING WITHOUT LIMITATION, CONTACTS, MAPS, EMERGENCY PROCEDURES, PROTOCOLS, ETC., MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND GCC AND GCC'S LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. GCC MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE GCC SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE GCC SOFTWARE OR THE CUSTOM CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE GCC SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE SOFTWARE AND CUSTOM CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

13. Limitation of Liability.

 

IN NO EVENT WILL GCC, ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE "GCC GROUP") AND GCC'S THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE GCC SOFTWARE OR ANY THIRD PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT THE GCC GROUP OR ITS THIRD PARTY LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL GCC'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE GCC SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

14. Indemnification.

 

To the maximum extent permitted by law, You agree to defend, indemnify and hold the GCC Group harmless from and against any and all claims, suits, losses, liability, costs or expenses (including but not limited to reasonable attorney fees) arising from or incurred as a result of your use of the GCC Software and/or Custom Content, including your downloading, installation, or use of the GCC Software and/or Custom Content, or your violation of this EULA.

 

15. Term and Termination.

 

Your license to use the GCC Software under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time, by discontinuing the use of all of the Custom Content and by destroying all copies of the Custom Content in your possession and control. This EULA and the license granted to you under this EULA will terminate automatically if you breach any term of this EULA. Upon termination, you must at GCC's option either promptly destroy or return to GCC all copies of the Custom Content in your possession or control and uninstall the GCC Software. Sections 2, 3, 4, 6 through 12, 14 and 16 shall survive the termination of this EULA.

 

16. Miscellaneous.

 

(a)                       This EULA and all the policies referenced herein constitute the entire agreement between GCC and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of GCC.

(b)                      The section titles in this EULA are provided solely for convenience and have no legal or contractual significance.

(c)                       This EULA shall be governed by and interpreted under the laws of the State of Kansas, without regard to its conflicts of laws provisions. All actions relating to this EULA, the GCC Software or the Custom Content shall be brought in the competent court in the State of Kansas. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Notwithstanding this, you agree that GCC will still be allowed to apply for injunctive remedies (or an equivalent type of unilateral, non-monetary urgent legal relief) in any jurisdiction.

(d)                      The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

(e)                       If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof, to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. GCC reserves the right, at our discretion, to update or revise this EULA.

(f)                        Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

(g)                       You may not assign your rights under this EULA to any party without GCC's consent.

(h)                      If any provision of this EULA shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions.

(i)                         Nothing in this EULA will be construed as creating a joint venture, partnership, employment or agency relationship between you and GCC, and you do not have any authority to create any obligation or make any representation on GCC's behalf.

(j)                         If you have any questions about the Software, please visit our website at www.GCCKC.com.

 

17. Third Party Beneficiaries.

 

Please note that when using the GCC Software and/or the Custom Content you may also be subject to the terms of use of other third parties. You acknowledge that third party application marketplaces (including but not limited to the Apple App Store, the Google Android Marketplace, the Microsoft Windows Phone 7 Marketplace) may be third party beneficiaries of this EULA and upon your acceptance of this EULA such stores or marketplaces may have the right to enforce this EULA against you as a third party beneficiary. You further acknowledge and agree that such parties are not parties to this EULA other than as third party beneficiaries and are not responsible for providing maintenance and support services with respect to the Software.

 

18. Software Questions, Comments, and Contact Information.

 

If you have any questions, complaints and/or claims, you may contact GCC at:

 

GCC

15009 West 101st Terrace,

Shawnee Mission, KS 66215

913-888-1217

E-mail: info@gcckc.com