Carrier Coverage Software License Agreement and Terms of Service

Single Use License

Please read this software license agreement (“License” or “Agreement”) carefully before downloading the Carrier Coverage software. By downloading and using this software as applicable, you are agreeing to the terms of this License. If you do not agree, do not download or use the Carrier Coverage software.

I. Permitted Uses and Restrictions

        You may not and you agree not to, or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Carrier Coverage software, or any part thereof. Any attempt to do so is a violation of the rights of Carrier Coverage, and Neverstill, the developer and owner of the Carrier Coverage software (Carrier Coverage and Neverstill will be referred to collectively as “Carrier Coverage”).

II. Transfer

        You may not rent, lease, lend, sell, redistribute or sublicense the Carrier Coverage software.

        

III. Consent to Use of Data

  1. Gathering of Personally-Identifying Information:

By using Carrier Coverage, you choose to interact with Carrier Coverage in ways that require Carrier Coverage to gather personally-identifying information. The amount and type of information that Carrier Coverage gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account at Carrier Coverage to provide a username and email address. In each case, Carrier Coverage collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Carrier Coverage, and to populate the data that is the basis of our reports. Carrier Coverage does not disclose personally-identifying information other than as described in this Agreement. Users can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

  1. Aggregated Statistics:

Carrier Coverage will collect statistics about the usage of its users. For instance, Carrier Coverage may monitor the download and upload speeds of data transfer to and from your device. Carrier Coverage may display this information publicly or provide it to others. However, Carrier Coverage does not disclose personally-identifying information other than as described below.

  1. Protection of Certain Personally-Identifying Information:

Carrier Coverage discloses potentially personally-identifying and personally-identifying information only to those of its contractors and affiliated organizations that (i) need to know that information in order to process it on Carrier Coverage's behalf or to provide services available from Carrier Coverage, and (ii) that have agreed not to disclose it to others outside of the terms of this policy. Some of those contractors and affiliated organizations may be located outside of your home state; by using Carrier Coverage, you consent to the transfer of such information to them.

Carrier Coverage will not rent or sell potentially personally-identifying and personally-identifying information to anyone.

Other than to its contractors and affiliated organizations, as described above, Carrier Coverage discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Carrier Coverage believes in good faith that disclosure is reasonably necessary to protect the property or rights of Carrier Coverage, third parties or the public at large. If you are a registered user of Carrier Coverage and have supplied your email address, Carrier Coverage may occasionally send you an email regarding new features, solicit your feedback, or just keep you up to date with what's going on with Carrier Coverage or ENTITY, however we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Carrier Coverage takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

(d)        Carrier Performance Data:

You agree that Carrier Coverage will collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to, information about your device, unique device identifier information, the service performance of your device, that is gathered to facilitate Carrier Coverage software data compilation and aggregation, service mapping, statistical reporting, updates, product support, and other services to all users of Carrier Coverage software, and to verify compliance with the terms of this License. Carrier Coverage may use this information to improve our product, to provide services and technologies, and to populate data, reports, and other content for the benefit of users of Carrier Coverage.

(e)         Location Data:

        Carrier Coverage provides services through your device that rely upon location information. To provide and improve these services, where available, Carrier Coverage will transmit, collect, maintain and process and use your location data, including real-time geographic location of your device, and location search queries. The location data and queries collected by Carrier Coverage are collected in a form that does not personally identify you and may be used by Carrier Coverage to provide and improve location based products and services. By using Carrier Coverage software on your device, you agree and consent to Carrier Coverage’s transmission, collection, maintenance, processing and use of your location data and queries to provide and improve Carrier Coverage software. You may withdraw this consent at any time by turning off the location services and public reports of your device, or by uninstalling the Carrier Coverage software from your device.

IV. Termination

        This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Carrier Coverage if you fail to comply with any terms of this License. Carrier Coverage reserves the right to terminate this License at any time, for any reason.  Nothing in this License shall be construed to obligate Carrier Coverage to provide Carrier Coverage software for any specified period of time.  Carrier Coverage reserves the right to suspend or terminate service to selected users or to all users at any time, without advance notice.  Upon the termination of this License, you shall cease all use of the Carrier Coverage software. Sections V, VI, VII, and VIII shall survive any such termination.

        

V. Disclaimer of Warranties

        (a) You expressly acknowledge and agree that, to the extent permitted by applicable law, use of the Carrier Coverage software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

        (b) To the maximum extent permitted by applicable law, the Carrier Coverage software is provided “as is” and “as available,” with all faults and without warranty of any kind, and Carrier Coverage hereby disclaims all warranties and conditions with respect to the Carrier Coverage software, either express, implied or statutory, including, but not limited to, implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.

        (c) Carrier Coverage does not warrant against interference with your enjoyment of the Carrier Coverage software, that the functions contained in or services performed by the Carrier Coverage software will meet your requirements, that the operation of the Carrier Coverage software will be uninterrupted or error-free, that any service of the Carrier Coverage software will continue to be made available, that defects in the Carrier Coverage software will be corrected, or that the Carrier Coverage will be compatible with any first or third party software, applications or first or third party services. Installation of this software may affect the usability of other software and applications.

        (d) You further acknowledge that the Carrier Coverage software is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Carrier Coverage software could lead to death, personal injury, or severe physical or environmental damage, including but not limited to and without limitation: the operation of motor vehicles, aircraft, boating vessels, heavy machinery, or any other activity where any use of Carrier Coverage would be deemed a distraction and hazard.  

        (e) No oral or written information or advice by Carrier Coverage or an authorized Carrier Coverage agent shall create a warranty. Should the Carrier Coverage software prove defective, you assume the entire cost of all necessary services, repair or correction to both the software and the device you installed the Carrier Coverage software on.

        (f) The information provided by Carrier Coverage should not be solely relied upon.  All information is deemed reliable, however you agree that Carrier Coverage will not be held liable for any errors in the presentation of data and other information.  You agree to use the information provided by Carrier Coverage only to support or refute your own independent actions.

        (g) You acknowledge that there is an inherent risk in downloading any software to your device.  Although Carrier Coverage will take reasonable measures to prevent any malicious hacking or breach of the Carrier Coverage data, including accessing your personal data, you agree to indemnify and hold Carrier Coverage harmless for any loss related to unauthorized access to Carrier Coverage data or your personal data.

VI. Limitation of Liability

While we do our best to protect your personal information, we cannot guarantee the security of any information that you transmit to Carrier Coverage.  Carrier Coverage does utilize an encryption but you are still solely responsible for maintaining the secrecy of any passwords or other account information. In addition other Internet sites or services that may be accessible through Carrier Coverage have separate data and privacy practices independent of us, and therefore we disclaim any responsibility or liability for their policies or actions.         To the extent not prohibited by applicable law, in no event shall Carrier Coverage be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other personal or commercial damages or losses, arising out of or related to your use of or inability to use the Carrier Coverage software or any third party software or applications in conjunction with the Carrier Coverage software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Carrier Coverage has been advised of the possibility of such damages.

VII. Export Control

        You may not use or otherwise export or re-export the Carrier Coverage software except as authorized by United States law and the laws of the jurisdiction(s) in which the Carrier Coverage software was obtained. In particular, but without limitation, the Carrier Coverage software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designation Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Carrier Coverage 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 the Carrier Coverage software for any purposes prohibited by United States law..

VIII. Complete Agreement; Governing Language

        This License constitutes the entire agreement between you and Carrier Coverage relating to the Carrier Coverage software and supersedes all prior or contemporaneous understandings regarding such subject matter. No attempt to amend or modify this License by you will be binding unless in writing and signed by Carrier Coverage. Carrier Coverage may amend or modify terms of the License at any time, without prior notice as long as you are notified electronically.

IX. Governing Law

        This License and all matters and issues collateral thereto shall be governed by laws of the State of Maryland, United States of America (“Maryland”). The determination of any claim, dispute or disagreement, which may arise out of the interpretation, performance or breach of this License, will be subject to enforcement and interpretation solely in the appropriate courts sitting in Maryland.