PD Fiber CommandIQ Terms and Conditions

PD Fiber, LLC. CommandIQ® Mobile Application End User License Agreement

This PD Fiber CommandIQ Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and PD Fiber, LLC. ("PDFiber"). This Agreement governs your use of the CommandIQ Mobile Application through the Apple App 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

ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND
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.

License Grant. Subject to the terms of this Agreement, PDFiber 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.
License Restrictions. Licensee shall not:

copy the App, except as expressly permitted by this license;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, copyrightable or registrable under intellectual property laws, of the App;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
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;
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;
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
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.

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. PDFiber 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.

Collection and Use of Your Information

You acknowledge that when you download, install, or use the App, PDFiber 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. When you download, register with, or use the App, we may ask you to provide information by which you may be personally identified, such as name, email address, telephone number, or any other identifier by which you may be contacted online or offline ("personal information") and that is about you but individually does not identify you, such as your password, and your router’s MAC address and serial number.
We use information that we collect about you, that you provide to us, or that we receive from your internet service provider, including any personal information, to provide you with the App and its contents, and any other information, including any in-App notifications related to your use of the App, fulfill any other purpose for which you provide it and/or carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
All information we collect through or in connection with this App is subject to our CommandIQ Mobile Application Privacy Policy (accessible at https://info.PDFiber.com/app-privacy). 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 CommandIQ Mobile Application Privacy Policy.
Information You Provide to Third Parties. You acknowledge that you may provide personal or other information to your internet services provider and other third parties, that may be displayed by PDFiber on the App through your use of the App. The provision of this information by you to these third parties may be subject to such third parties’ terms and conditions.

Updates. PDFiber 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").

Third-Party Materials. At the request of your internet service provider, we may display, include, or make available on the App content from third parties or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials").

Term and Termination.

The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or PDFiber as set forth in this Section 8.
You may terminate this Agreement by deleting your CommandIQ account and the App (and all copies thereof) from your Mobile Device(s).
PDFiber may terminate this Agreement at any time without notice if it ceases to support the App, which PDFiber may do in its sole discretion.

Disclaimer of Warranties. THE APP IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PDFiber OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP.

Indemnification. You agree to indemnify, defend, and hold harmless PDFiber 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.

Export Regulation. The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations.

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.

Governing Law and Dispute Resolution. This Agreement shall be governed by the laws of the state of Missouri, excluding its choice of law rules.

Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and PDFiber with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.

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.

Last updated: June 2022