Terms Of Use
1. INTRODUCTION
This End-User License Agreement (including the Supplemental Terms, as licable) (hereinafter "EULA") is a legal agreement between you and Metro Network Company ("we", “Metro Network”, "us" or "our"). By installing or otherwise using the Metro Network , you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the Metro Network will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also to any Metro Network updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any Metro Network . We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in- message which notifies you of such changes when you open up the Metro Network shall constitute reasonable means. Your continued use of the Metro Network after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Metro Network . If you have any questions or concerns regarding the terms or conditions herein, please email us at “[email protected] Do not use the Metro Network until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA. Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that is in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect. Use of the Metro Network is subject to our Privacy Policy, which is hereby incorporated into this EULA by reference. This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Metro Network . The Metro Network may be available through marketplaces that distribute mobile and that may have additional terms, conditions and usage rules that govern your use of the Metro Network if you download or install the Metro Network through such marketplaces.
2. AGE REQUIREMENT
You must be 13 (thirteen) years of age or older to install or to use the Metro Network . If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the Metro Network for you. NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access an Metro Network , you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use the Metro Network or associated features. If you are the parent or guardian of a child under 13 (including 13) and believe that he or she is using the Metro Network , please contact us at “[email protected]”.
3. GRANT OF LICENSE
Subject to your compliance with the terms and conditions of this EULA, Metro Network grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Metro Network on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
4.1. Restricted Use:
You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Metro Network or use the Metro Network for the benefit of any third party. Unless expressly authorized by US or permitted under the mobile platform terms, you are prohibited from making the Metro Network available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Metro Network , except to remove our Metro Network from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Metro Network , or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Metro Network in any way. You do not have the right to and may not create derivative works of any Metro Network or any portions thereof. All modifications or enhancements to the Metro Network remain the sole property of US.
4.2. Metro Network Updates:
We reserve the right to add or remove features or functions to existing Metro Network . When installed on your mobile device, the Metro Network periodically communicate with our servers. We may require the updating of the Metro Network on your mobile device when we release a new version of the Metro Network , or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Metro Network . You acknowledge and agree that any obligation we may have to support previous versions of the Metro Network may be ended upon the availability of updates, supplements or subsequent versions of the Metro Network . You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Metro Network .
4.3. Access:
You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Metro Network . If you access an Metro Network through a mobile network, your network or roaming provider's messaging, data and other rates and fees may ly. You are solely responsible for any costs you incur to access the Metro Network from your device. Downloading, installing or using certain Metro Network may be prohibited or restricted by your network provider and not all Metro Network may work with your network provider or device. Metro Network makes no representation that the Metro Network can be accessed on all devices or wireless service plans. Metro Network makes no representation that the Metro Network are available in all languages or that the Metro Network are ropriate or available for use in any particular location.
4.4. Purchases & Cancellation Rights:
(A) Where you purchase from a third party: Certain Metro Network are available for purchase from a mobile platform owner (e.g. le or Google or any other mobile platform) and/or will allow you to make an in-project purchase. Payment for such purchases may be processed by third parties who act on our behalf or directly by the mobile platform owner. European Union residents normally have a right to cancel online purchases within 14 days of making them. Please note and acknowledge: if you are resident in the European Union and download an Metro Network from a mobile platform owner (e.g. le or Google), you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner's terms in this regard before purchase. This may also ly to subscriptions and in- purchases. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the (for example, the le Store or the Google Play Store). (B) Where you purchase from Metro Network directly: Please note and acknowledge: if you are resident in the European Union and download an Metro Network from Metro Network directly, you agree to waive your cancellation and refund right once the download of the or the relevant purchase is made. This means that you will not be able to cancel your order or obtain a refund once the download and delivery of the are complete. This will also ly to subscriptions and in- purchases. You can find further information on cancelling orders and any associated refunds from the relevant section of the Metro Network website.
4.5. Subscription Services:
Certain Metro Network on the le Store and Google Play Store will allow you to obtain the benefit of the project on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the project, by third parties who act on our behalf or directly by the mobile platform owner (e.g. le or Google). Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (le) or at any time before the end of the trial period (Google). See below in paragraph 6 ("Trial Periods") for further information. You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes or Android account. The cancellation will take effect after the last day in the relevant subscription period. See above in paragraph 4 ("Purchases & Cancellation Rights") for further information.
4.6. Trial Periods :
Certain of our subscription services on the le Store and Google Play Store may from time to time be offered for a fixed period of time on a free-trial basis. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes or Android account. Please note: your free-trial subscription will automatically renew as a paid subscription unless (a) auto-renew is turned off at least 24 hours before the end of the free-trial subscription period (le) or (b) you cancel before the end of the trial period (Google).
4.7. Online Dispute Resolution:
If you reside in the European Union, you can find information about online dispute resolution here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN Please note that we reserve the right not to participate in forms of alternative dispute resolution. For further information, please contact: “[email protected]”.4.8. Coins in the Environment : Through your use of Metro Network , you may accrue virtual "Coins" that may be used and virtually spent in the environment. Coins are a limited license right distributed at our discretion, may only be used with respect to virtual items and services made available in the environment, and are not redeemable for monetary value. In addition to the Coins that you may virtually accrue, you may also purchase Coins. Payments for Coins may be made through an in- purchase (more details about which can be found here). Please note: we may limit the number of Coins or the total monetary value of Coins that you may purchase at one time, or over a given period of time, in our sole discretion. Newly purchased Coins credits may not be available for immediate use. If you make any unauthorized purchases of Coins, or if any of your purchase of Coins leads to charge-reversals, chargebacks, disputed charges, dispute fees, or any allegation of payment fraud, we may terminate your account, with or without notice, in our sole and absolute discretion. All purchases of Coins are FINAL and non-refundable, except in our sole and absolute discretion. Once you purchase Coins, you cannot return them. If your account is cancelled or terminated by you or by us, for any reason, you will lose and forfeit any outstanding Coins The virtual items that you may virtually acquire or use in the environment are a limited license right granted by us and you do not acquire any ownership right to any such virtual items. We may terminate such license right and withdraw or discontinue any virtual item in the Site environment or may remove your right to use any particular virtual item or service. Any exchanges of coins for virtual items are non-reversible. The virtual items that you may virtually acquire or use in the environment are a limited license right granted by us and you do not acquire any ownership right to any such virtual items. We may terminate such license right and withdraw or discontinue any virtual item in the Site environment or may remove your right to use any particular virtual item or service. Any exchanges of coins for virtual items are non-reversible. Aside from the limited license to use virtual items or services as described above, you agree that you will not gain any right, title or interest whatsoever in the Coins, or virtual items or services and that you may not trade, sell, transfer or transact Coins, or virtual items or services in any manner except as permitted in the environment. You may not sell or trade the time taken to accrue Coins. Any transaction in Coins or virtual items or services via online auction sites or other channels outside the Services is strictly prohibited. You may not use cheat programs, including non-Metro Network software programs, to accrue Coins or virtually acquire Coins. We may immediately terminate your account if it comes to our attention that you have accrued, virtually acquired or used Coins in any non-permitted manner.
5. Metro Network FUNCTIONALITY
Metro Network allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the "Metro Network Functions"). The Metro Network Functions are provided by US and third party suppliers who offer content and/or services in conjunction with or through the Metro Network (the "Third Party Partners"). Metro Network Functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither US, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Metro Network .
6. THIRD-PARTY PARTNERS
6.1. Third-Party Services and Content:
The Metro Network may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing an Metro Network that includes third party services and third party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third Party Partner's website. Metro Network may provide access or links to Third Party Partner websites or resources. WE have no control over such websites and resources, and you acknowledge and agree that Metro Network is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Metro Network shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. Metro Network will not be a party to or in any way be responsible for monitoring any transaction between you and Third-Party Partners.
6.2. Access to Third-Party Services and Content through Metro Network :
All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through an Metro Network , whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an Metro Network you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Metro Network be liable in any way for any Content created by or originating with entities other than Metro Network, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of an Metro Network .
7. SECURITY
Metro Network , like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge, express and accept that the Metro Network and any information you download or offer to share by means of an Metro Network , may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure.
You accept all legal and responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that Metro Network shall not be liable for any unauthorized access to your mobile device or the data thereon.
8. REGISTRATION/PASSWORDS
8.1. Registration:
Most Metro Network will not require a registration: however, some Metro Network may permit or require you to create an account to participate or access additional features or functionalities ("Registration"). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities. Any registration required by a Third Party Partner is not governed by this EULA and you should refer to the relevant Third Party Partner's website for their policies.
8.2. Passwords:
You are the sole and exclusive guardian of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any ropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any password or ID.
8.3. Provided Information:
If you provide any information in connection with a Registration, you must provide and maintain accurate, complete and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current or not complete, we may suspend or terminate your use of the Metro Network , and pursue any ropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this EULA and in furtherance of your use of the Metro Network our services, in accordance with the Privacy Policy located here: Privacy Policy.
9. UNINSTALL/REMOVAL OF AN Metro Network
Uninstallation and removal methods vary depending on your device. To uninstall and remove the Metro Network , please use the project manager provided with your device or consult your device manual for reference.
10. CONSENT TO USE OF DATA
You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and project software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Metro Network . We may use this information in accordance with the Privacy Policy located here.
11. INTELLECTUAL PROPERTY
The Metro Network , including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Us are Metro Network’s sole property or the property of Metro Network's licensors and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Metro Network . All rights not expressly granted hereunder are expressly reserved to Metro Network and its licensors. The Metro Network names, logos and affiliated properties, are the exclusive property of Metro Network or its affiliates. All other trademarks earing on any Metro Network are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through an Metro Network . The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by impproject, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
12. COPYRIGHT/SUBMISSIONS
12.1. You are solely responsible for any Content you contribute, submit or display on or through your use of the Metro Network (s). It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.
12.2. We respect and expect its users to respect the rights of copyright holders. On notice, WE will act ropriately to remove content that infringes the copyright rights of others. WE reserve the right to disable the access to Metro Network or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe an Metro Network or elements, infringe your copyright rights, Please contact Metro Network's Copyright Agent at: email: “[email protected]”.
Please ensure your communication includes the following:• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;• a description of the copyrighted work that you claim has been infringed;• a description of where the material that you claim is infringing is located on the Metro Network ;• your address, telephone number, and email address;• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; • a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
12.3. Objectionable Content. WE may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Metro Network's sole discretion. "Objectionable Content" includes, but is not limited to:
• Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libellous,• Content that is hateful or advocates hate crimes, harm or violence against a person or group,
• Content that may harm minors in any way;
• Content that has the goal or effect of "stalking" or otherwise harassing another
• Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy; • Content that is vulgar, offensive, obscene or pornographic,• Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;• Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
12.4. Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor Content submission through the Metro Network , and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content. We may access, preserve or disclose any of your information or Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this EULA; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the services or engineering support; (iv) protect the rights, property or safety of Metro Network, its users, or members of the public or (v) to report a crime or other offensive behaviour.
13. TERMINATION
Your rights under this EULA will terminate immediately and automatically without any notice from US if you fail to comply with any of the terms and conditions of this EULA. You understand that Metro Network, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Metro Network at any time. Further, WE, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Metro Network or any of its component features. You agree that WE shall not be liable to you or any third-party for any termination or disabling of the Metro Network . Promptly upon expiration or termination of this EULA, you must cease all use of the Metro Network and destroy all copies of Metro Network in your possession or control. Termination will not limit any of Metro Network's other rights or remedies at law or in equity. Sections 10-19, and any Supplemental Terms of this EULA shall survive termination or expiration of this EULA for any reason.
14. DISCLAIMER OF WARRANTY
TO THE EXTENT THIS IS PERMITTED BY LICABLE LAW, ALL Metro Network ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO LICABLE LAW, WE, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, Metro Network MAKES NO WARRANTY THAT THE Metro Network WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE Metro Network PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE Metro Network WILL MEET YOUR EXPECTATIONS. Metro Network ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR Metro Network ; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Metro Network OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH Metro Network BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Metro Network . THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE Metro Network REMAINS SOLELY WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD-PARTY PARTNERS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT LY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
15. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Metro Network HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE Metro Network ; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE Metro Network . IN NO EVENT SHALL Metro Network'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Metro Network . THE FOREGOING LIMITATIONS WILL LY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE Metro Network , AND NO WARRANTIES SHALL LY AFTER SUCH PERIOD.
16. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Metro Network, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE Metro Network , YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
17. EXPORT CONTROLS
The Metro Network and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the . You agree to comply with these laws, restrictions and regulations when downloading or using the .
18. TERMINATION
Any Metro Network installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as licable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, dupproject, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as licable.
19. JURISDICTIONAL ISSUES AND OTHER MISCELLANEOUS TERMS
Metro Network does not represent or warrant that the Metro Network or any part thereof is ropriate or available for use in any particular jurisdiction. We may limit the availability of the Metro Network , in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. For all matters relating to or arising from this EULA, the laws of the country where the Metro Network is located will apply, regardless of conflict of laws principles, and the use (or inability to use) the Metro Network. With respect to all matters arising out of or relating to this EULA.
No failure or delay by Us in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Metro Network MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
20. HOW TO CONTACT Metro Network
If you have any questions about this EULA, please contact us by email or postal mail as follows: “[email protected]”.