City of Hillsboro, OR
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This City of Hillsboro, HiLight Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and the City of Hillsboro acting by and through its utility Hilgiht ("HiLight"). This Agreement governs your use of the HiLight Mobile Application through the Apple App Store and/or the Google Play Store, including all related documentation, (the "App"). The App is licensed, not sold, to you.
BY CLICKING THE "ACCEPT" BUTTON BELOW OR CHECKING “I ACCEPT THE TERMS AND CONDITIONS” ON THE APP REGISTRATION PAGE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, CLICK “DECLINE” BELOW AND DO NOT USE THE APP.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVSION. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION SECTION BELOW. PLEASE READ CAREFULLY.
1. License Grant. Subject to the terms of this Agreement, HiLight grants you a limited, non-exclusive, and nontransferable license to download, install, and use the App for your personal, non-commercial use on a mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the App's documentation. This license is provided to you free of charge. This License and your use of the App requires that you have an account with HiLight and agree to the Service Agreement Terms and Conditions available at https://www.hillsboro-oregon.gov/services/hilight/legal/service-agreement-terms-and-conditions/.
2. License Restrictions. Licensee shall not:
(a) copy the App, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, copyrightable or registrable under intellectual property laws, of the App;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or
(g) use the App in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
3. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. HiLight reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the App, HiLight may collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect through or in connection with this App is subject to our HiLight Mobile Application Privacy Policy (https://www.hillsboro-oregon.gov/services/hilight/important-documents/mobile-application-privacy-policy). By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the HiLight Mobile Application Privacy Policy. We may update our HilLight Mobile Application Privacy Policy from time to time and updated versions will be posted on the link provided in this section.
5. Updates. HiLight may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that HiLight has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the App will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
6. Term and Termination.
(a) The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or HiLight as set forth in this Section 8.
(b) You may terminate this Agreement by deleting the App (and all copies thereof) from your Mobile Device(s) and all Mobile Device(s) linked to your HiLight account.
(c) HiLight may terminate this Agreement at any time without notice if it ceases to support the App, which HiLight may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the App and delete all copies of the App from your Mobile Device(s).
(e) Termination will not limit any of HiLight's rights or remedies at law or in equity.
7. Disclaimer of Warranties. THE APP IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HILIGHT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORM
8. Term and Termination.
(a) The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or HiLight as set forth in this Section 8.
(b) You may terminate this Agreement by deleting the App (and all copies thereof) from your Mobile Device(s) and all Mobile Device(s) linked to your HiLight account.
(c) HiLight may terminate this Agreement at any time without notice if it ceases to support the App, which HiLight may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the App and delete all copies of the App from your Mobile Device(s).
(e) Termination will not limit any of HiLight's rights or remedies at law or in equity.
9. Disclaimer of Warranties. THE APP IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HILIGHT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, HILIGHT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HILIGHT OR ANY OF ITS OR ITS RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AN AMOUNT THAT IN THE AGGREGATE EXCEED $100.00 US.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR HILIGHT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
11. Indemnification. You agree to indemnify, defend, and hold harmless HiLight and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the content you submit or make available through this App.
12. Export Regulation. The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You may not use the App outside the US and shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible outside the US.
13. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
14. Governing Law and Dispute Resolution. This Agreement shall be governed by the laws of the state of Oregon, excluding its choice of law rules. The United Nations Convention for the International Sale of Goods shall in no event apply to this Agreement.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUIDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
This Section is intended to be interpreted broadly and governs any and all disputes between you and HiLight related to this Agreement. By accepting this Agreement, you agree to resolve any and all such disputes as follows: any and all disputes, claims or controversies arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration held in Hillsboro, Oregon before one neutral arbitrator. THE PARTIES UNDERSTAND AND AGREE THAT THEY ARE WAIVING THEIR RIGHT TO BRING SUCH CLAIMS TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL. The arbitration proceedings shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, which are incorporated herein by reference, as may be modified by the provisions in this Section. The arbitration and proceedings shall be confidential. Either party may file pre-hearing motions directed at the legal sufficiency of a claim or defense equivalent to a demurrer or summary judgment prior to the arbitration hearing. The arbitrator will issue a detailed written decision and award, resolving the dispute. The arbitrator’s written opinion and award shall decide all issues submitted and set forth the legal principles supporting each part of the opinion, and shall be final and binding upon the parties. The arbitrator shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief the arbitrator deems just and equitable and within the scope of this arbitration agreement, including an injunction or order for specific performance. The arbitrator may award fees, costs, and reasonable attorneys’ fees to the party who substantially prevails in the arbitration. Judgment on the arbitral award may be entered in any court of competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Notwithstanding the forgoing, most disputes can be resolved without the need to resort to arbitration. You can reach HiLight’s support department at (insert email address). You agree to use your best efforts with HiLight to settle any dispute, claim, question or disagreement directly through consultation with HiLight’s support department, and good faith negotiations for a 30-day period shall be a prior condition to your ability to initiate arbitration as set forth above.
15. Apple Terms. If you use the App on Apple’s iOS operating system, you acknowledge and agree that: (1) the App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS and subject to Apple’s usage rules and requirements; (2) this Agreement is between you and HiLight, and not with Apple; (3) Apple is not responsible for the App and the contents therein; (4) Apple has no obligation at all to provide any support or maintenance services in relation to the App, and if you have any maintenance or support questions in relation to the App, please contact HiLight, not Apple; (5) except as otherwise expressly set forth in this Agreement, any claims relating to the possession or use of the App are between you and HiLight (and not between you, or anyone else and Apple): (6) in the event of any claim by a third party that your possession or use (in accordance with this Agreement) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and (7) although this Agreement is entered into between you and HiLight (and not Apple), Apple, as a third party beneficiary under this Agreement, will have the right to enforce them against you. In addition, you represent and warrant that: (1) you are not, and will not be, located in any country that is subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; (2) you are not listed on any United States Government list of prohibited or restricted parties; and (3) if the App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content.
16. Google Terms. If the services that you use include a mobile application that you download, access, and /or use from the Google Play Store: (1) you acknowledge that this Agreement if between you and HiLight only, and not with Google, Inc. (“Google”); (2) your use of the App must comply with Google’s then current Google Play Store Terms of Service; (3) Google is only a provider of the Google Play Store where you obtained the App; (4) HiLight, and not Google, is solely responsible for the App; (5) Google has no obligation or liability to you with respect to the App or this Agreement; (6) you acknowledge and agree that Google is a third party beneficiary to this Agreement as it relates to the App.
17. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and HiLight with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
18. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
The City of Hillsboro reserves the right to modify this Mobile Application End User Agreement at any time. We will notify you of any material changes via written, electronic, or other means permitted by law, including by posting it on our website. If you find the changes unacceptable, you have the right to cancel the Services. If you continue to use the Services after receiving notice of such changes, we will consider that as your acceptance of the changes.
Effective January 1, 2024
Version 2.0