LION Situational Awareness Tool
Mobile Application End User License Agreement
This Mobile Application End User License Agreement (”Agreement”) is a binding agreement between
you (”End User” or “you”) and LION GROUP, INC. (”Company”). This Agreement governs your use of
the Company’s Quantifire™ on Google, Android or Apple Mobile platforms (including all related
documentation, the “Application”). The Application is licensed, not sold, to you.
BY CLICKING THE “AGREE” BUTTON AND DOWNLOADING THE APPLICATION, YOU (A)
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B)
REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C)
ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF
YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE
APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
1. License Grant. Subject to the terms of this Agreement, Company grants you a limited,
non-exclusive, and nontransferable license to:
(a) download, install, and use the Application for your personal, non-commercial use on a
single mobile device owned or otherwise controlled by you (”Mobile Device”) strictly in accordance
with the Application’s documentation; and
(b) access, and use on such Mobile Device the Content and Services (as defined in Section 5)
made available in or otherwise accessible through the Application, strictly in accordance with this
Agreement and the Terms of Use applicable to such Content and Services as set forth in Section
5.
2. License Restrictions. Licensee shall not:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or
not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain
access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or
other intellectual property or proprietary rights notices from the Application, including any copy
thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make
available the Application, or any features or functionality of the Application, to any third party for
any reason, including by making the Application available on a network where it is capable of being
accessed by more than one device at any time; or
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy
protection, rights management, or security features in or protecting the Application
3. Reservation of Rights. You acknowledge and agree that the Application is provided under license,
and not sold, to you. You do not acquire any ownership interest in the Application under this
Agreement, or any other rights thereto other than to use the Application in accordance with the license
granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its
licensors reserve and shall retain their entire right, title, and interest in and to the Application, including
all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as
expressly granted to you in this Agreement.
4. Collection and Use of Your Information. You acknowledge that when you download, install, or use
the Application, Company may use automatic means (including, for example, cookies and web
beacons) to collect information about your Mobile Device and about your use of the Application. You
also may be required to provide certain information about yourself as a condition to downloading,
installing, or using the Application or certain of its features or functionality, and the Application may
provide you with opportunities to share information about yourself with others. All information we collect
through or in connection with this Application is subject to our Privacy Policy located at
https://www.lionprotects.com/privacy?hsLang=en. By downloading, installing, using, and providing
information to or through this Application, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.
5. Content and Services. The Application may provide you with access to Company’s website located
at www.lionprotects.com (“the “Website”) and products and services accessible thereon, and certain
features, functionality, and content accessible on or through the Application may be hosted on the
Website (collectively, “Content and Services”). Your access to and use of such Content and Services
are governed by Website’s Terms of Use and Privacy Policy located at
https://www.lionprotects.com/privacy?hsLang=en which are incorporated herein by this reference. Your
access to and use of such Content and Services may require you to acknowledge your acceptance of
such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may
restrict you from accessing or using certain of the Application’s features and functionality. Any violation
of such Terms of Use will also be deemed a violation of this Agreement
6. Updates. Company may from time to time in its sole discretion develop and provide Application
updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features
(collectively, including related documentation, “Updates”). Updates may also modify or delete in their
entirety certain features and functionality. You agree that Company has no obligation to provide any
Updates or to continue to provide or enable any particular features or functionality. Based on your
Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or
portions thereof may not properly operate should you fail to do so. You further agree that all Updates
will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
7. Third-Party Materials. The Application may display, include, or make available third-party content
(including data, information, applications, and other products, services, and/or materials) or provide
links to third-party websites or services, including through third-party advertising (”Third-Party
Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials,
including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency,
quality, or any other aspect thereof. Company does not assume and will not have any liability or
responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials
and links thereto are provided solely as a convenience to you, and you access and use them entirely at
your own risk and subject to such third parties’ terms and conditions.
8. Term and Termination.
(a) The term of Agreement commences when you acknowledge your acceptance and will
continue in effect until terminated by you or Company as set forth in this Section 8.
(b) You may terminate this Agreement by deleting the Application and all copies thereof from
your Mobile Device.
(c) Company may terminate this Agreement at any time without notice if it ceases to support the
Application, which Company may do in its sole discretion or OTHER TERMINATION EVENTS. In
addition, this Agreement will terminate immediately and automatically without any notice if you
violate any of the terms and conditions of this Agreement
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the Application and delete all copies of the Application from your
Mobile Device and account.
(e) Termination will not limit any of Company’s rights or remedies at law or in equity.
9. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH
ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF
ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS,
EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE
FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO
REPRESENTATION OF ANY KIND THAT THE APPLICATION 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, OR BE ERROR-FREE, OR THAT ANY
ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED
WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A
CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT
APPLY TO YOU.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE
LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO
YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES
FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE
GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION,
COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL,
INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT
ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND
REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF
LIABILITY MAY NOT APPLY TO YOU.
11. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers,
directors, employees, agents, affiliates, successors, and assigns from and against any and all losses,
damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties,
fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating
to your use or misuse of the Application or your breach of this Agreement, including but not limited to
the content you submit or make available through this Application.
12. Export Regulation. The Application may be subject to US 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 Application to, or make the Application 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 Application available outside the US.
13. US Government Rights. The Application is commercial computer software, as such term is defined
in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor
therefor, you receive only those rights with respect to the Application 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.
14. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the
remainder of the provision will be amended to achieve as closely as possible the effect of the original
term and all other provisions of this Agreement will continue in full force and effect.
15. Governing Law. This Agreement is governed by and construed in accordance with the internal laws
of the State of Ohio without giving effect to any choice or conflict of law provision or rule. Any legal suit,
action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case
located in Dayton and Montgomery County. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.
16. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING
OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF
ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Entire Agreement. This Agreement, and our Privacy Policy constitute the entire agreement
between you and Company with respect to the Application and supersede all prior or contemporaneous
understandings and agreements, whether written or oral, with respect to the Application.
18. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or
any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any
right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a
conflict between this Agreement and any applicable purchase or other terms, the terms of this
Agreement shall govern.
Terms Applicable For Apple iOS.
(i) To the extent that you are accessing the Service through an Apple mobile application, you
acknowledge that these Terms are entered into between you and Company and, that Apple, Inc.
(“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
(ii) The license granted to you by Company under these Terms is subject to the permitted usage
rules set forth in the App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html)
and any third-party terms of agreement applicable to the Service.
(iii) You acknowledge that Company, and not Apple, is responsible for providing the Service and
Content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any
support services to you with respect to the Service.
(v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the Service.
(vi) Notwithstanding anything to the contrary herein, and subject to these Terms, you acknowledge
that, solely as between Apple and Company, Company, and not Apple is responsible for addressing
any claims you may have relating to the Service, or your possession and/or use thereof, including, but
not limited, to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a
third-party’s Intellectual Property rights, you will not hold Apple responsible for the investigation,
defense, settlement and discharge of any such Intellectual Property infringement claims.
(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries
of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will
have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a
third-party beneficiary thereof.
(ix) When using the Service, you agree to comply with any and all third-party terms that are
applicable to any platform, website, technology or service that interacts with the Service.
(x) Your use of real time route guidance on the Service (if any) is at your sole risk. Location data
may not be accurate.
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