Last Updated: April 15, 2019 
Downloading and using the Tracera Demonstration App constitutes your consent, acceptance and agreement to be bound by these Terms of Use (the “Agreement”).
 
Tracera has designed and developed an App for mobile devices (the "App" or "Experimental Software"), to, among other things, allow a limited number of people to try a test version of the App for mobile devices, and, if the user chooses,  to provide feedback and comments to Tracera regarding use of such application. By downloading and using the App, you agree to be bound by the terms and conditions set forth below (the "Agreement").
 

By using the App, you agree that any Feedback you provide, should you choose to provide any, will become the property of Tracera and you agree that Tracera may use or otherwise exploit all or part of your feedback or any derivative thereof without any further remuneration, compensation or credit to you. You represent and warrant that you have right to enter into this Agreement and that any feedback which is provided by you is original work made solely by you and does not infringe any third party intellectual property rights.


Confidentiality Confidential Information. The App and evaluation thereof is intended to assist Tracera in researching, analyzing and validating the usability and reliability of the product and prospective product features (collectively, the “Purpose”). Tracera may disclose to you certain information (tangible or intangible) that you agree to treat as Confidential Information as set forth below. Definition. “Confidential Information” means all information disclosed by Tracera, including, without limitation, documents, designs, techniques, specifications, product plans, strategic information, existing or prospective business plans, existing or prospective product study or pilot test objectives and/or results, and other information related to the Purpose. Consistent with the foregoing, Tracera may also disclose Confidential Information related to certain unreleased and experimental product features or plans.



Obligations Regarding Confidential Information. You agree to: (a) use Confidential Information only for the Purpose; (b) not disclose Confidential Information to any third parties (including the sharing of unreleased/experimental product images); and (c) use the same degree of care, but no less than a reasonable degree of care (including reasonable security measures), to prevent the unauthorized use, dissemination or publication of Confidential Information as you would use to protect your own confidential information of like nature.


Remedies. You agree that any breach of this Agreement by you may result in irreparable harm to Tracera, for which damages would be an inadequate remedy and therefore, in addition to its rights and remedies otherwise available at law, Tracera shall be entitled to seek equitable relief, including injunction, in the event of such breach.



No Compensation nor Employment. You acknowledge that use of the App is on a purely voluntary basis, as a means of assisting, and in consideration of the opportunity to assist Tracera to use, implement, and understand various facets of the Experimental Software. Tracera makes no guarantee or representation as to whether or not your Feedback regarding the Experimental Software will be used, and you understand and acknowledge that Tracera will not compensate you for any feedback, if you choose to provide it. Furthermore, you acknowledge and agree that nothing in this Agreement or in your voluntary submission of Feedback creates any employment relationship between you and Tracera.


Notices. Unless otherwise set forth in this Agreement, Tracera may give general notices to you by posting on a Tracera web site, or, by electronic mail to your email address if one has been provided.


No Warranty from Tracera.
TRACERA EXPRESSLY REPRESENTS THAT THE APP IS NOT A FINAL PRODUCT AND , AS SUCH, MAY CONTAIN DEFECTS OR ERRORS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR OWN RISK. THE APP IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TRACERA EXPRESSLY DISCLAIMS ON ITS OWN BEHALF AND ON BEHALF OF ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, OR CONTRACTORS ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (i) ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OPERATION OF THE APP, THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE APP, TRACERA, AND/OR  ANY RESULTS OBTAINED THROUGH THE USE THEREOF, AND (ii) THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.


Limitations of Liability. 
IN NO EVENT SHALL TRACERA, ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF TRACERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, TRACERA, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’ OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You acknowledge that Tracera has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.


Entire Agreement. These Terms, and Tracera's Privacy Policy are the entire and exclusive agreement of the parties regarding the subject matter of this Agreement and supersedes any or all previous communications, representations, understandings and agreements, either oral or written, between you and Tracera. Tracera may modify the terms of this Agreement at any time. Your continued use of the App after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications.


Governing Law. The terms and conditions will be governed by the laws of the State of California.

 

If you have questions about this Agreement, you may email us at info@tracera.net.