End User License Agreement


IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

The purpose of the MySidewalk™ Software (hereafter “Software”) is to organize and analyze sidewalk location and condition assessment data.  This is facilitated by collecting crowd (including pedestrian and bikers) input data on smartphone based GIS location of walks and on the sidewalk conditions (hereafter “Services”).  The data collected and analysis infrastructure is intended to be used by local, state, and federal entities to analyze pedestrian networks, gaps, and plan for network infrastructure enhancements and maintenance.  It can also be used by the general public for planning personal walks or rides (hereafter “Purpose”).

1. LICENSE

By installing and/or using the Software or Services, you agree that this End User License Agreement (EULA) is a legally binding and valid contract and you agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Your use of the Software or Services indicates your acceptance of this license agreement and warranty.

Subject to the terms of this End User License Agreement (hereafter “Agreement”), Knowledge Based Systems, Inc. grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use the Software for your personal use. Knowledge Based Systems, Inc. does not transfer title or any intellectual property or trademarks to the My Sidewalk™ technology to you.  The license granted to you is not a sale. This Agreement is a binding legal agreement between Knowledge Based Systems, Inc. and you, the licensor or user of the Software.

If you do not agree to be bound by this agreement, remove the Software from your device.

2. DISTRIBUTION

The Software and license granted herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part without prior Knowledge Based Systems, Inc. permission.

3. USER AGREEMENT

3.1 Use

Your license to use the Software is limited to the number of licenses granted to you by Knowledge Based Systems, Inc, whether purchased or otherwise. You shall not allow others to use, copy or evaluate copies of the Software.

3.2 Use Restrictions

You shall use the Software and Services in compliance with all applicable laws and not for any unlawful purpose. You may not submit any Financial Data, Personal Health Information (PHI), Social Security number, Driver’s License number or any other Personally Identifiable Information (PII) which requires secure storage under State or Federal laws as the Software is not designed to safely store it.

3.3 Copyright & Trademark Restrictions

This Software contains copyrighted material, trademarks, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile the Software. Nor can you create any derivative works or other works that are based upon or derived from the Software in whole or in part.

Knowledge Based Systems, Inc.'s name, logo and graphics files that represent the Software shall not be used in any way to promote products or services developed with or based on the Software. Knowledge Based Systems, Inc. retains sole and exclusive ownership of all right, title and interest in and to the Software and Knowledge Based Systems, Inc. and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of the Software, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program.

You may not use any data or images acquired through your use or access to the Software to develop a product similar to or which competes with the My Sidewalk™ technology.

You may not use any data or images acquired through your use or access to the Software to harm other users.

You may not sell, license or otherwise transfer data or images acquired through your use or access to the Software for a profit or otherwise.

All rights not expressly granted hereunder are reserved for Knowledge Based Systems, Inc.

3.4 Limitation of Liability

You will indemnify, hold harmless, and defend Knowledge Based Systems, Inc., its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Knowledge Based Systems, Inc.'s Software or Services.

In no event (including, without limitation, in the event of negligence) will Knowledge Based Systems, Inc. , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Software or the use or inability to use the Software or the furnishing, performance or use of any other Services hereunder whether based upon contract, tort or any other theory including negligence.

KNOWLEDGE BASED SYSTEMS, INC.’S MAXIMUM LIABILITY TO YOU FOR ANY DIRECT DAMAGE ARISING OUT OF OR RELATING TO THIS AGREEMENT IS TEN DOLLARS ($10.00).

You acknowledge that the Software and resident data may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government.  You agree that you will comply with these laws and regulations, and will not export or re-export the Software or included data in violation of these laws and regulations, directly or indirectly. You also agree not to provide access to any part of the Software or data to anyone who you have reason to know intends to use or resell the Software or data in violation of U.S. export control laws.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Software.  Accordingly, you agree that you are solely responsible for all activities that occur under your account.  If you become aware of any unauthorized use of your password or of your account, you agree to notifyKnowledge Based Systems, Inc.immediately with an email to:

Email: Mysidewalksysadmin@kbsi.com

3.5 Warranties

Except as expressly stated in writing, Knowledge Based Systems, Inc. makes no representation or warranties in respect of this Software or Services and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the State of Texas, United States of America. You hereby irrevocably submit to the non-exclusive jurisdiction of the State District Courts located in Brazos County, Texas, United States, for any action, suit or dispute arising out of or related to this EULA, your use of the Software or Services, or use of any data you submit or gain access to through your use of the Software or Services.

If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

You shall give prompt notice toKnowledge Based Systems, Inc.if you receive a subpoena or other request for disclosure of any data inKnowledge Based Systems, Inc.’s possession.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this Agreement. Upon termination of this Agreement granted herein for any reason, you agree to immediately cease use of the Software and Services and destroy all copies of the Software supplied to you.

If you wish to terminate this Agreement, you may do so at any time by notifying Knowledge Based Systems, Inc. and discontinuing all use of the Software.  Please note that Sections 2 through 8 of this Agreement survive its termination.

4. CONSENT OF USE OF DATA

You agree that Knowledge Based Systems, Inc. may collect and use information gathered as part of the Software and Services provided to you in working towards the Purpose.  Knowledge Based Systems, Inc. may also use this information to provide notices to you which may be of use or interest to you or to notify you of problems with your account, the Software or the Services.  If rewards are offered as part of the Services, we may use your data as part of the award fulfilment process with you and possibly third party fulfilment vendors.

In order to access the Software and sidewalk data, you will be required to provide a name and email address as part of the registration process or as part of your continued use of the Services.If you do not wish for Knowledge Based Systems, Inc., third parties or other users to see such information, please discontinue using the Software or provide only non-identifiable information. KBSI will only collect your name and email address, but no Personally Identifiable Information (PII) as defined by law.

A key feature of the Software is identifying locations for sidewalk improvement and the Software routinely collects location/GPS data from users.  You agree that by using the Software, Knowledge Based Systems, Inc. will be collecting and using location/GPS data for the Purpose.  If you do not wish for Knowledge Based Systems, Inc., third parties or other users to see your location/GPS data, please discontinue using the Software.

Third party administrators, government agencies and other Software users may have access to the data and images uploaded using the Software, including aggregated data and raw data submitted by other Software users. If you do not consent to these third parties having access to your submitted data and images, please do not share it or discontinue using the Software.

Knowledge Based Systems, Inc. is no way responsible for data and images uploaded by third parties and other Software users that you may see while using the Software.You understand your use of the Software is at your own risk. If another user uploads something illegal, inappropriate or offensive, please contact Knowledge Based Systems, Inc. at the email address below so we can edit or remove it.

Email: Mysidewalksysadmin@kbsi.com

You agree that you are solely responsible for (and that Knowledge Based Systems, Inc.has no responsibility to you or to any third party for) any data or images that you upload, create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage thatKnowledge Based Systems, Inc. may suffer) by doing so. You are legally responsible for all information, data, text, images, or other materials uploaded, posted or stored through your use of the Software.

Once again, please be reminded that you may not submit any Financial Data, Personal Health Information (PHI), Social Security number, Driver’s License number or any other legally defined Personally Identifiable Information (PII) which requires secure storage under State or Federal laws as the Software is not designed to safely store it and other users and third parties may be able to see and access it.

Under the terms of this Agreement, KBSI is not intending to collect any Personally Identifiable Information (PII) as defined by law.  As such, we consider all information you share with us in furtherance of the Purpose to be available for use publicly in support of the MySidewalk initiative.

5. INTELLECTUAL PROPERTY RIGHTS

Knowledge Based Systems, Inc. owns all intellectual property rights in the data generated by Knowledge Based Systems, Inc. or the Software.  When uploading location/GPS data, images or other data through the Software, you immediately grant a copyright license to such information to Knowledge Based Systems, Inc. to use such data and share it with others consistent with the Purpose.The license granted is a worldwide, royalty-free, non-exclusive, non-revocable license to host and use the data and images you provide in order to provide you with Software and related servicesfor the Purpose.

6. APPLICATION / SOFTWARE AVAILABILITY

You acknowledge and agree that the form and nature of the Software and Services may change from time to time, as well as specific features of the Software.

You acknowledge and agree thatKnowledge Based Systems, Inc.may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to End Users atKnowledge Based Systems, Inc.’s sole discretion, without prior notice to you.

You acknowledge and agree thatKnowledge Based Systems, Inc.may disable access to your account at any time.

Knowledge Based Systems, Inc. makes no up-time guaranty of the Software or access to data or images of any kind.  Knowledge Based Systems, Inc. does not guaranty that any data or images you provide will be maintained securely or error-free.  

Knowledge Based Systems, Inc. is not responsible for system crashes, system errors or unauthorized access which may cause the loss or damage to data or images provided by you or other Software users.  Knowledge Based Systems, Inc.is in no way responsible for the storage or back-up of the data or images you develop, edit or upload onKnowledge Based Systems, Inc.servers or while using the Software. 

8. DISCLAIMER OF WARRANTY

THE SOFTWARE, SERVICES AND THE ACCOMPANYING FILES AND DATA ARE LICENSED "AS IS" AND WITHOUT WARRANTIES AS TO FITNESS, PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER APPLIES TO ALL DATA AND FILES GENERATED AND EDITED BY THE SOFTWARE AND KNOWLEDGE BASED SYSTEMS, INC. USE AND STORAGE OF DATA YOU INPUT INTO THE SOFTWARE.

YOU SHALL NOT USE DATA OR IMAGES FROM THE SOFTWARE IN ANY MANNER THAT MAY INJURE OR CAUSE LOSS OR MAY BE CALCULATED TO INJURE OR CAUSE LOSS, WHETHER DIRECTLY OR INDIRECTLY, TO OTHER USERS OF THE SOFTWARE.

You and Knowledge Based Systems, Inc. acknowledge that the obligations, covenants and undertakings to which the parties have agreed with regard to the Software and related services are unique and of extraordinary value, and that a breach of this Agreement by either Party would cause the other Party irreparable damage. Accordingly, in the event of any such breach or threatened breach by one Party, the other Party shall, in addition to its remedies at law, have the right to injunctive or other equitable relief, including temporary, preliminary, and permanent injunctions, to prevent the Party’s violation of this Agreement.

KBSI Contact Information:

Knowledge Based Systems, Inc.
Attn: General Counsel
1408 University Drive East
College Station, TX 77840
(979) 260-5274


The Software includes the following third party components, which are licensed as specified below.  By using the Software, you agree to be bound by these third party licenses:

Third party libraries used