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End User License Agreement - Plant-It-OK 

 

Plant-It-OK App End-User License Agreement

Privacy Policy Notice: Oklahoma State University is committed to protecting the privacy and security of those parties using these services.  Please review the Privacy Policy in Section 14 below for more privacy and security information.

Initial Terms:

 

“University” refers to Oklahoma State University.

 

“Software” refers to University mobile application (Plant-It-OK app), software and any enhancement or modification thereof that is designed to operate on a computing device running an Apple iOS or Google Android operating system that you own or control.

 

“You,” “Your,” “Yours,” and “End-User” refer to any individual who downloads and/or uses the Software.

 

This End-User License Agreement (“Agreement”)(i) governs Your download and use of University Software. Software provided by that is designed to operate on a computing device running an Apple iOS or Google Android operating system that you own or control (“Your Device”), including, but not limited to, Your iPhone, iPad, Apple Watch (“Apple Device”) or Android-compatible phone, watch, and tablet (“Android Device”); and  (ii) applies to any systems, servers, devices, services, and other items related to the Software.

 

Your download and/or use of the Software constitutes Your acceptance of the terms and conditions of this Agreement, which may be amended from time to time by the University.  The current version of this Agreement, which supersedes any and all other versions of this Agreement, will always be available on the internet at the web address: https://research.okstate.edu/cowboy-enterprises/appcenter/eula.html (“Information Web Site”). The current Agreement version at the time of any claim, issue or other matter of concern shall apply. The University reserves the right to modify this Agreement at any time in its sole discretion by posting revisions on the Information Web Site.  Continued use of the Software following the posting of any modifications will be deemed conclusive acceptance of such modifications by You, the End-User.

  1. Acknowledgements. The University and You acknowledge that this Agreement is entered into by and between the University and You and not with Apple Inc. (“Apple”), Google LLC (“Google”), or any other third party mobile operating system provider (“Mobile OS Provider”). The University is solely responsible for the Software and any content contained therein. You acknowledge that no Mobile OS Provider has any obligation whatsoever to furnish maintenance or services with respect to the Software. You acknowledge that You have reviewed (i) the Apple Media Services Terms and Conditions (“Apple Terms and Conditions”), if You use Apple Devices, available at the web address http://www.apple.com/legal/internet-services/itunes/appstore/jm/terms.html); or (ii) the Google Privacy Policy, Google Terms of Service, and the Google Play Terms of Service (“Google Terms and Conditions”), if You use Android Devices, available at the web addresses https://play.google.com/about/play-terms/index.html policies.google.com/privacy, policies.google.com/terms, and play.google.com/intl/en_us/about/play-terms/index.html, respectively.
  2. End-User Representations and Warranties. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including, without limitation, the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury and the Denied Persons List published by the U.S. Department of Commerce; and (iii) You are at least eighteen (18) years old.
  3. Mobile OS Provider Terms.
  4. Incorporation of Apple’s Licensed Application End User License Agreement. For Apple Device users, this Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple at the web address http://www.apple.com/legal/itunes/appstore/dev/stdeula/. For purposes of this Agreement, the Software is considered the “Licensed Application” as defined in the LAEULA and the University is considered the “Application Provider” as defined in the LAEULA.  If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control.
  5. Incorporation of Google Play Terms of Service. For Android Device users, this Agreement incorporates by reference the Google Play Terms of Service (the “Google Play ToS”) published by Google at the web address play.google.com/intl/en_us/about/play-terms/index.html. For purposes of this Agreement, the Software is considered the “Content” as defined in the Google Play ToS and the University is considered the “Provider” as defined in the Google Play ToS.  If any terms of this Agreement conflict with the terms of the Google Play ToS, the terms of this Agreement shall control.
  6. Scope of License and Allowable Uses of the Software. The license granted to You for the Software is limited to a revocable, non-transferable, non-exclusive license to use the Software on any Device that You own or lawfully control in accordance with the terms of this Agreement.  Any use of the Software in any manner not allowed under this Agreement or the applicable Mobile OS Provider Terms, including, without limitation, Your resale, transfer, modification or distribution of the Software or Your copying or distribution of text, pictures, music, barcodes, video, data, hyperlinks, displays, metadata and other content provided by the Software is prohibited. This Agreement does not entitle You to receive and does not obligate the University or the applicable Mobile OS Provider to provide hard-copy documentation, maintenance, support, telephone assistance, or enhancements or updates to the Software.  The University reserves the right, in its sole discretion, to terminate this Agreement and revoke Your license to use the Software for any reason, including, but not limited to, the University’s conclusion that You have violated this Agreement. In the event Your license is revoked, this Agreement shall automatically terminate and You shall not be entitled to, or receive, any refund or further benefits hereunder.
  7. Prohibited Uses. You agree to use the Software and connected service/ technology safely, responsibly, and for Agreement-compliant, lawful purposes only. The person whose name is on this Agreement is responsible for its proper use at all times. You shall not share your assigned online services account information, passwords, or other information used for identification and authorization purposes, and shall use this web site and Software only under the account you have been assigned.

You may not use the Software in a manner that (a) harasses, abuses, threatens, defames, or otherwise infringes or violates the rights of any other party; (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access the University’s proprietary information that is not authorized by the University; (d) uses or launches any automated system to access any University website or computer system; (e) attempts to introduce viruses or any other malicious computer code that interrupts, destroys, compromises, or limits the functionality of any computer software, hardware, or telecommunications equipment; (f) attempts to gain unauthorized access to the University’s computer network or user accounts; (g) encourages conduct that would constitute a criminal offense or would give rise to civil liability; (h) directly or indirectly causes, or may result in, tangible or intangible property damage, or death or serious body injury; or (i) violates this Agreement.

The University reserves the right to monitor and record all use of this service, web site, or technology. Such monitoring/recording may occur at any time without prior notice for any legal purposes including, but not limited to, record retention and distribution and/or investigation of improper, illegal, or prohibited activity.

  1. Content and Availability.

(i)            “User-Provided Information” is information, materials, or other content, including text, pictures, graphics, messages, photographs, and associated metadata that is uploaded, transmitted, broadcast, posted, submitted, or otherwise provided through or in connection with the Software (collectively “Make Available”) by a user of the Software.  User-Provided Information may include information that would identify the user or that could tie the user’s data to the user. You warrant and affirm  that the User-Provided Information belongs to You and not anybody else. The University may, without notice, take down any User-Provided Information and/or content generated by a user hereunder (User-Generated Content) , including Yours, and eject any user, including You, if the user does not own their User-Provided Information.

(ii).          You cannot Make Available any User-Generated Content, separately or  in conjunction with, any content that includes, without limitation:: (i) sexually explicit materials; (ii) vulgar, profane, offensive, defamatory, libelous, slanderous, violent, or unlawful content; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal substances; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker ((i) – (v) collectively referred to as “Inappropriate Content”).  The University reserves the right, in its sole discretion, to determine whether any User-Generated Content, including Your User-Generated Content, constitutes Inappropriate Content.  The University may, without notice, remove any User-Generated Content, including Yours, and eject any user, including You, who has Made Available Inappropriate Content.

(iii)          “Software-Generated Content” is information or other content, including text, pictures, data, results, displays, and associated metadata, that is generated, created, developed or produced by the Software.  For clarification , Software-Generated Content includes derivative works of User-Provided Information created by the Software and User-Provided Information that has been modified or transformed by the Software (collectively “Software-Modified User-Generated Content”).  Software-Generated Content, which would not include any information that would let others know who You are, may be Made Available to users of the Software or for reporting and publishing.

(iv).         Although the University prohibits certain activities in this Agreement, the University does not make any representation or warranty that the User-Generated Content or Software-Modified User-Generated Content You may encounter through your use of the Software or this Website (“Website”) complies with these acceptable use provisions.  You understand and acknowledge that You may be exposed to User-Generated Content or Software-Modified User-Generated Content that is inaccurate, objectionable, or Inappropriate. Nevertheless, (1) you agree to use the Software and/or the this website at your sole risk, knowingly assuming any and all risk(s) therewith, and (2) You agree that THE University WILL not be liable for any damages you allege as a result of  using this web site.

  1. User Information. Should You come into possession of the private information, data, or personally identifiable information of other users of the Software or Website, You are expressly forbidden to, and thus you shall not, share such information with third parties unless You have express written consent from the user whose information is to be shared. Any sharing of other users’ information without their consent is an express violation of this Agreement.
  2. Reverse Engineering. You may not, and You agree not to, or to enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or Software-Generated Content, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the Software). Any attempt to do so is a violation of the rights of the University. If You breach this restriction, You may be subject to prosecution and damages.
  3. “Opt-In” For Push Communications. The University may send You “push messages” or “push notifications” (collectively “Push Communications”), if Your Device supports Push Communications, for the purposes described in Section 14. By installing the Software, You agree to accept Push Communications and “opt-in” to receive them. Should You wish to cease receiving Push Communications from the University, You may turn off Push Communications for the Software by changing the settings on your Device.
  4. Intellectual Property Rights.
  5. Your User-Provided Information.

                                You retain all the rights to the User-Provided Information You submit via the Software. By using the Software You hereby grant to the University a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable license to collect, reproduce, modify, transform, create derivative works of, publish, and use Your User-Provided Information and Your Software-Modified User-Provided Information for purposes of (i) making it available to users of the Software or the Website, (ii) performing the functions of the Software or the Website, (iii) teaching, research, and scholarship, and (iv) any other commercial or non-commercial purpose, subject to the Agreement Privacy Policy (Section 14). You represent and warrant that You own or otherwise lawfully control all of the rights to Your User-Provided Information, or You otherwise have the right to Make Available such User-Provided Information and to grant the rights herein. 

  1. Software Materials.

(i)            The University owns or otherwise controls the rights to the Software and any and all copyrighted material, trademarks, service marks, and other content included in the Software including, but not limited to, “Plant-It-OK”, the “Plant-It-OK” logo, the University name and logos, the look and feel of the services provided by the Software, Software-Generated Content, and the Software’s source code (collectively, the “Software Materials”).  The Software Materials are protected by United States and international intellectual property laws.  Except for the limited licenses granted hereunder, the University reserves all rights not expressly granted and no such additional rights may be implied.   

(ii)           You acknowledge (a) all right, title and interest in and to the Software Materials, including all patents, copyrights, trade secrets, trademarks, and other proprietary rights embodied therein or associated therewith, are and will remain with the University; (b) no right or interest in the Software Materials is conveyed other than the limited licenses granted herein; and (c) You agree not to use the names or trademarks of the University without the prior written consent/authorization of the University.

  1. The Software and/or Website may use copyrighted materials, trademarks, service marks, or other content in connection with the services it provides and such copyrighted materials, trademarks, service marks, and other content remains at all times the property of its respective owner. You have no right or license with respect to any intellectual property owned by any third party that is visible on or provided to You through the Software or the Website.
  2. In the event of any third party claim that the Software, Website, or Your use of them, infringes any third party’s intellectual property rights, You and the University agree the University, not your Mobile OS Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. in the event the Software is found to infringe any intellectual property rights of a third party, TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, Your sole remedy shall be either to cease using the Software or to use a non-infringing version of the Software should THE University choose to provide you with such a non-infringing version.              
  3. Limitation of Liability. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL THE UNIVERSITY BE LIABLE TO YOU AS A RESULT OF YOUR USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY USER-PROVIDED OR GENERATED CONTENT; (B) IN NO EVENT SHALL THE UNIVERSITY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, OR FAILURE OR MALFUNCTION OF YOUR APPLE DEVICE. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS TO CEASE USE OF THE SOFTWARE.

 The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.  In the event of any failure of the Software to conform to a warranty to which You are entitled by law, You may notify Apple or Google, and they may refund the purchase price, if any, for the Software to You; to the maximum extent permitted by applicable law, neither THE University NOR ANY MOBILE OS PROVIDER will have any other warranty obligations whatsoever HEREUNDER with respect to the Software; and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to such warranty will be Your sole responsibility.

  1. Indemnification. You agree to defend, indemnify, and hold harmless the University and its trustees, regents, agents, employees, contractors, officers, students, and directors, as well as co-developers and co-owners of the Software, if any, from any and all claims, suits, damages, costs, fines, penalties, liabilities, and expenses (including attorney's fees) arising from or in any way connected with Your use or misuse of the Software, violation of this Agreement, or violation of any rights of a third party. The University reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses. It is understood and agreed this provision shall survive any Agreement expiration or termination.
  2. Product Claims. You and the University acknowledge that the University, not Your Mobile OS Provider, is responsible for addressing any claims of You or any third party relating to the Software or Your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  3. Governing Law. The laws of the State of Oklahoma, United States of America, excluding its conflicts of law rules, govern this Agreement and Your use of the Software. Applicable law includes without limitation the Oklahoma Governmental Tort Claims Act.

You agree that any action arising under this Agreement or use of the Software shall be commenced and maintained in Payne County District Court of the State of Oklahoma, or the United States District Court for the Western District of the State of Oklahoma, whichever state or federal court has subject matter jurisdiction with respect to the dispute.  You agree to, and thus shall, submit to the jurisdiction of such courts over You personally and in connection with such litigation, and You waive any objection to venue in such courts and any claim that such forum is inconvenient.

  1. Termination and Enforcement. This Agreement is effective until terminated. The University may (i) terminate this Agreement; (ii) refuse access to the Software and the services of the Website; and/or (iii) terminate Your account, with or without cause, at its sole discretion.  Your rights under this Agreement will terminate automatically or otherwise cease to be effective without notice from the University if you violate any term(s) of this Agreement.  Upon the termination of this Agreement, You shall cease all use of the Software and destroy all copies, full or partial, of the Software.  Sections 1, 3, 4, 7, 8, 9, 10, 11, 12, 13, and 14 of this Agreement shall survive any such termination.  If You believe that a person has violated this Agreement, contact the University as provided in Section 13 herein.      
  2. Notices. Any notice or other communication required or permitted to be given hereunder may be given by regular mail, postage prepaid, courier, facsimile, or email to the parties at their respective address as follows:

Notices to the University should be addressed to:

Oklahoma State University

Office of Technology Commercialization (OTC) 1201 S. Innovation Way Drive,

 Suite 210, Stillwater, OK – 74074

Fax:  405-744-6451

Email:  otcnotices@okstate.edu

 

Notices to You may be delivered to Your Device,the email address associated with Your account, or via Push Communications.

 

Should You wish to contact the University with any questions, complaints or claims with respect to the Software, it is recommended that You email otc@okstate.edu.

  1. Privacy Policy. This Privacy Policy is part of the Agreement governing Your use of the Software.
  2. Information We Collect. The Software allows users to input, visualize and track their biometric data. In addition, the Software provides information and a personalized health dashboard. As described herein, the Software obtains information from You in two ways. First, the Software obtains information You Make Available when using the Software. Second, the Software may generate or collect some information automatically about Your device and Software usage.

(i)            User-Provided Information. The Software obtains the information You enter manually when You download, register, and use the Software. You may Make Available information such as Your name, email address, username and password during the registration. In addition, You may Make Available personal health or demographic information including, but not limited to, weight, height, age, sex, ethnicity, physical activity, smoking habits, family health history, and blood test data. In the future, You may Make Available additional information, including additional health information, as the Software is further developed.

(ii)           Software-Generated Content. The Software may automatically collect some information  related to Your usage of the Software such as, Your operating system, the device You use, dates and times of Your interaction with the Software, and other information. The University may use this information to understand, customize and improve the user experience of the Software. For example, University may engage analytics services to analyze this information in order to help us understand how the users engage with the Software and to see what features are used by the users. The Software does not collect precise information about the location of Your mobile device.

  1. How the University Uses Information. The University uses information collected through the Software only for the purposes described in this Privacy Policy. These purposes include: performing functions of the Software; research and analysis to improve the Software; ensuring the proper functioning of the Software; use for analysis and to report findings through blog or scientific publications, such publications will only use de-identified information and will not include any information that would disclose your identity.

Except as described in this Privacy Policy, the University does not sell, lend, or lease any of the information collected by the Software with any third parties.  The information collected by the Software will not be shared with third parties or sold for advertising purposes. If the University sells or is otherwise involved in a transfer, acquisition, or licensing of all or a portion of the Software and related assets, You will be notified via email and/or a prominent notice. Such  notification will describe any change in ownership or uses of this information, as well as any choices You may have regarding this information.

(i)            Push Communications. The Software may send You Push Communications as described in Section 6. Should You wish to cease receiving Push Communications from the University, You may turn off Push Communications for the Software by changing the settings on your Device.

(ii)           Information Security. The University takes appropriate security measures to protect Your private information stored by the Software. The University’s security efforts may be dependent upon the security procedures of certain third parties with whom the University contracts for the provision of certain services. The University cannot warrant or ensure that the security measures of such third party providers will protect such information.

(i)            Data Retention Policy. The University will retain User-Provided Information and Software-Generated Content for as long as You use the Software and for a reasonable time thereafter. If You’d like Your User-Provided Information deleted, please contact us at otc@okstate.edu and University will respond in a reasonable time. Please note that some or all of the User-Provided Information may be required in order for the Software to function properly, and University may be required to retain certain information by law, including, but not limited to the Oklahoma Open Records Act.

  1. Your Consent. By downloading and using the Software, You are consenting to the University’s processing of User-Provided Information and Software-Generated Content as set forth in this Agreement now and as amended by University in the Future. "Processing” involves analysis and management of the User-Provided Information and Software-Generated Content including, but not limited to, using cookies on a computer or other device and using or touching information in any way, such as collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If You reside outside the U.S., Your information will be transferred to the U.S., and processed and stored there under U.S. privacy standards. By using the Software and providing information to the University, You consent to such transfer to, and processing in, the U.S."
  2. Updates to the Privacy Policy. This Privacy Policy may change from time to time. The current version of the Privacy Policy, which supersedes any and all other versions of this Privacy Policy, will always appear on https://research.okstate.edu/cowboy-enterprises/appcenter/eula.html. University reserves the right to change or modify this Privacy Policy at any time and at its sole discretion by posting revisions. Continued use of the Software following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
  3. Contact Information. If You have any questions or concerns regarding this Privacy Policy, please contact the University at otc@okstate.edu

 

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