Terms and Conditions
The following is the contents of the End User License Agreement a user will need to accept when deploying an IQrouter. This is presented as the user initiates the configuration of the device on their premises.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING YOUR IQROUTER DEVICE. BY CLICKING "ACCEPT", OR BY USING THE IQROUTER DEVICE YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS, UNLESS YOU RETURN THE IQROUTER DEVICE IN ACCORDANCE WITH ANY APPLICABLE RETURN POLICIES. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, DO NOT USE THE IQROUTER DEVICE.
Your IQrouter device includes software, such as the operating system executable code, embedded software, third-party software, firmware, fonts, and other data, including any updates, whether on disk, in read only memory, on any other media in any other form (referred to collectively as the "Software"). The following terms apply to the Software and your use of the Software with your IQrouter device.
1. Your relationship with EvenRoute
1. Your use of the Software and your use of the Software with EvenRoute’s products, software, services and web sites (referred to collectively as the “Services” in this document, defined below in Section 7, and excluding any services provided to you by EvenRoute under a separate written agreement) is subject to the terms of a legal agreement between you and EvenRoute. "EvenRoute" means EvenRoute, LLC, a Georgia Limited Liability Company. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
2. Unless otherwise agreed in writing with EvenRoute, your agreement with EvenRoute will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "IQrouter Terms".
3. Certain components of the Software, and third party open source programs included with the Software, are available under an open-source software license agreement. (referred to collectively as the "Open-Sourced Components"). These open-source software licenses constitute separate written agreements and govern your use of the Open-Sourced Components. These IQrouter Terms do not limit your rights under, or grant you rights that supersede, the terms and conditions of any applicable end user license for the Open-Sourced Components.
4. Your agreement with EvenRoute may also include any additional terms or legal notices applicable to the Services. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
5. The IQrouter Terms, together with the Additional Terms, form a legally binding agreement between you and EvenRoute in relation to your use of the Software and Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
6. If there is any contradiction between what the Additional Terms say and what the IQrouter Terms say, then the Additional Terms shall take precedence in relation to that Service or that component of the Software.
2. Accepting the Terms
1. In order to use the Software, you must first agree to the Terms. You may not use the Software if you do not accept the Terms.
2. You can accept the Terms by either clicking to accept or agree to the Terms, where this option is made available to you by EvenRoute in the user interface, or by actually using the Software or IQrouter device. In this case, you understand and agree that EvenRoute will treat your use of the Software or device as acceptance of the Terms from that point onwards.
3. License from EvenRoute
1. Subject to your compliance with the Terms, EvenRoute grants you a limited non-exclusive license to use the Software on a single IQrouter device. This license is for the sole purpose of enabling you to use and enjoy the Software as provided by EvenRoute, in the manner permitted by the Terms.
2. Subject to Sections 1.2 and 3.4 and to the law applicable in your jurisdiction, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any services provided by the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by EvenRoute, in writing.
3. Subject to Sections 1.2 and 3.4, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
4. You may make a one-time permanent transfer of all of your license rights to the Software to another party in connection with the transfer of ownership of your IQrouter device, provided that: (a) the transfer includes your IQrouter device and all of the Software; (b) you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Software reads and agrees to accept the terms and conditions of these Terms.
4. Software updates
1. The Software may automatically download and install updates from time to time from EvenRoute. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit EvenRoute to deliver these to you) as part of your use of the Software.
2. These Terms will govern any upgrades or updates provided by EvenRoute that replace and/or supplement all or part of the original Software or Service, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern.
3. EvenRoute may, but is not obligated to, provide any updates, maintenance, warranty, technical or other support, or services for any Open-Sourced Components.
5. Provision of the Services by EvenRoute
1. EvenRoute is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which EvenRoute provides may change from time to time without prior notice to you.
2. As part of this continuing innovation, you acknowledge and agree that EvenRoute may stop (permanently or temporarily) providing one or more of the Services (or any features within the Services) to you or to users generally at EvenRoute's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform EvenRoute when you stop using the Services.
6. Use of the Services by you
1. You agree to use the Services only for purposes that are permitted by:
A. the Terms; and
B. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
2. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
3. Unless you have been specifically permitted to do so in a separate agreement with EvenRoute, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4. You agree that you are solely responsible for (and that EvenRoute has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which EvenRoute may suffer) of any such breach. You (and not EvenRoute) are responsible for the acts or omissions of all users of your IQrouter device or the Services, including content they may upload or download and any transactions they attempt or complete.
7. Privacy and your personal information
2. You agree that EvenRoute may collect and use technical and related information, including but not limited to information about your computer and/or mobile device, operating system, peripherals, applications, connected devices, network traffic, and data use to facilitate the provision of the Software and Services, including support and other related services. The IQrouter Privacy FAQ describes the categories of data collected and how you can use privacy settings to change what data is collected by the Services.
8. Proprietary rights
1. You acknowledge and agree that EvenRoute (or EvenRoute's licensors) own all legal right, title and interest in and to the Software and the Services, including any intellectual property rights which subsist in the Software and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
2. Unless you have agreed otherwise in writing with EvenRoute, nothing in the Terms gives you a right to use any of EvenRoute's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
3. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Software or the Services.
4. Unless you have been expressly authorized to do so in writing by EvenRoute, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. Ending your relationship with EvenRoute
1. The Terms will continue to apply until terminated by either you or EvenRoute as set out below.
2. EvenRoute may at any time, terminate its legal agreement with you if:
A. you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
B. EvenRoute is required to do so by law (for example, where the provision of the Software or Services to you is, or becomes, unlawful); or
C. the partner with whom EvenRoute offered the Software or Services to you has terminated its relationship with EvenRoute or ceased to offer the Software or Services to you; or
D. EvenRoute is transitioning to no longer providing the Software or Services to users in the country in which you are resident or from which you use the service; or
E. the provision of the Software or Services to you by EvenRoute is, in EvenRoute's opinion, no longer commercially viable.
3. When these Terms come to an end, you will cease using the Software and Services.
10. EXCLUSION OF WARRANTIES
1. Nothing in these terms, including Sections 12 and 13, shall exclude or limit EvenRoute's, its subsidiaries', affiliates', or licensors' liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties, terms or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. Nothing in these Terms, including Sections 11 and 12, will affect your statutory rights.
2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY EVENROUTE. EVENROUTE AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
3. EvenRoute and its subsidiaries, affiliates, and licensors do not warrant that the Software or Services will operate error-free or uninterrupted.
4. EvenRoute and its subsidiaries, affiliates and licensors do not represent or warrant that the Software or Services are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
11. LIMITATION OF LIABILITY
1. Subject to overall provisions in Sections 12 and 13, you expressly understand and agree that EvenRoute:
A. shall only be responsible for loss or damage you suffer that is a foreseeable result of (i) our breach of these Terms and typical for this type of agreement; or (ii) our negligence up to the limit specified in Section 12.2 below. Loss or damage is foreseeable if it is an obvious consequence of our breach.
B. shall not have any liability to you for any incidental, special, or consequential damages, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, whether or not EvenRoute, its subsidiaries, affiliates, and licensors have been advised of the possibility of such loss or damage.
2. EvenRoute's maximum aggregate liability to you under or in connection with these Terms whether in contract, tort (including negligence) or otherwise shall in all circumstances be limited to USD $50.
3. Nothing in these Terms shall limit or exclude EvenRoute's liability for:
A. death or personal injury caused by the negligence of EvenRoute;
B. fraud or fraudulent misrepresentation;
C. any damage caused as a result of a breach of a mandatory statutory liability (including, without limitation, any liability in relation to breaches of mandatory product liability law); or
D. any other liability that cannot be excluded or limited applicable laws in your jurisdiction.
4. Sections 11.1, and 11.2 shall apply to the liability of EvenRoute, its subsidiaries, affiliates and licensors
12. Changes to the Terms
1. EvenRoute may make changes to the IQrouter Terms or Additional Terms from time to time. When these changes are made, EvenRoute will make a new copy of the IQrouter Terms available at evenroute.com/legal/ and any new Additional Terms will be made available to you from within, or through, the affected Software or Services.
2. You understand and agree that if you use the Software or Services after the date on which the IQrouter Terms or Additional Terms have changed, EvenRoute will treat your use as acceptance of the updated IQrouter Terms or Additional Terms.
13. General legal terms
1. Sometimes when you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
2. The Terms constitute the whole legal agreement between you and EvenRoute and govern your use of the Software or Services (but excluding any services which EvenRoute may provide to you under a separate written agreement), and completely replace any prior agreements between you and EvenRoute in relation to the Software and Services
3. You agree that EvenRoute may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
4. You agree that if EvenRoute does not exercise or enforce any legal right or remedy which is contained in the Terms (or which EvenRoute has the benefit of under any applicable law), this will not be taken to be a formal waiver of EvenRoute's rights and that those rights or remedies will still be available to EvenRoute.
5. Language. If this Agreement is translated into a language other than English, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. Unless, and only to the extent, prohibited by law in Your jurisdiction, any and all disagreements, disputes, mediation, arbitration or litigation relating to this Agreement shall be conducted in the English language, including, without limitation, any correspondence, discovery, submissions, filings, pleadings, oral pleadings and arguments, and orders or judgments.
6. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
7. You acknowledge and agree that each member of the group of companies of which EvenRoute is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
8. Governing Law and Dispute Resolution. This Agreement shall be governed by the substantive laws of the State of Georgia. The exclusive jurisdiction for any action relating to this Agreement (whether for breach of contract, tort or otherwise) shall be a federal or state court in Atlanta, Georgia, and the parties hereby consent to such exclusive jurisdiction and irrevocably waive and shall not assert any defenses based on lack of in personam jurisdiction, improper venue or inconvenient forum. The Parties hereby waive all rights to a trial by jury in any matter related to or arising from this Agreement.
YOUR PRIVACY RIGHTS
1. Our Commitment to Your Privacy
II. COLLECTION AND USE OF PERSONAL INFORMATION
1. Collection of Personal Information
2. Methods of Collections and Use
We may collect and use your Personal Information in any one or more of the following ways:
(a) Registration for a Site Account
In order to submit orders through our online Store (the “Store”) or to access and receive certain aspects of the Services, you may need to create an account with our Site (“User Account”). During registration, you may be required to provide your name and e-mail address, and in order to access or receive certain services or make purchases, you may also be required to provide your telephone number, mailing address and/or certain technical information regarding the computer or device used to access the Site and/or the Services. You may also be required to provide a username and password (or we may provide you with a password), which will be used to log-in to your User Account.
It is important that you protect and maintain the security of your User Account and that you immediately notify us of any unauthorized use of your User Account. If you forget your password, you may not be able to access certain features or functionality of the Site and/or the Services, including but not limited to the ability to manage your User Account. If this should happen, you may e-mail us at firstname.lastname@example.org to request a new password upon our verification of other information we maintain about you. Please see Section VII below for further details regarding our security measures and procedures.
The Personal Information we collect when you register for a User Account may be used by Evenroute as follows: (i) for our internal tracking or research purposes, (ii) with respect to order placement and shipping (including, without limitation, to provide you with automated order status updates via e-mail), (iii) for information correction purposes, (iv) for our internal records, (v) in order to contact you to respond to your questions or requests or to provide you with technical support, (vi) to provide you with information regarding changes to the Site or Services which may affect your User Account, your use of the Site, and/or the products and services available through the Site, (vii) for billing and collection purposes as described in “Orders” below; and (viii) to inform you of any product or promotional offers either we may have.
If you place any orders for products or services available through the Store, during the ordering process you will be required to provide financial information, such as your credit card number and expiration date. This information is used for billing purposes and to fulfill your order.
If we have trouble processing an order, we will use your Personal Information to get in touch with you. To properly process your credit card information, we must share your personal and financial information with the merchant bank for authorization and approval.
If your payment is made through a third party fulfillment provider such as Amazon.com or PayPal (either, a “Payment Provider”), you will be required to open an account with such Payment Provider if you do not have one already. These Payment Providers maintain separate policies regarding their handling of Personal Data, and we have no responsibility or liability for their data handling practices. We recommend that you review the privacy policies of these Payment Providers prior to submitting any Personal Information.
In the event of your failure to pay amounts due to us when owned, we may contract with outside collections agencies and other service providers.
If you choose to reject the cookie, you can still browse our Site and our Store, but you may be unable to buy products from us through the Store or access certain aspects of the Services available on the Site. We will not share any Personal Information provided by our cookies with any third party, though you agree and acknowledge that we may share Non-Personal Information (as defined below) with such third parties. We will, however, link data stored in cookies to the Personal Information you submitted while on our Site. This allows us to personalize user Site preferences.
(d) Networking Products
If you purchase and deploy one of our networking products, we might capture various parameters about your Internet connection for the purposes of providing some of our unique services, such as the quality optimization of your specific line. This requires that our Services know the type of connectivity used and other technical parameters whether provided by You or directly from the product. During the optimization, we record the various speeds and quality metrics for your line so our Services can deliver their advertised value. We will aggregate these results from all our users by various factors such as ISP, geography or technology and publish analytics that helps us, our partners and customers better understand the context of their connectivity.
3. Sharing of Personal Information with Third Parties
(a) Third Party Service Providers
(b) Special Events
If you elect to participate in any promotions, surveys, questionnaires or other events during your visit to our Site and/or your use of our online Services, the rules or terms and conditions for those events may indicate that your Personal Information will be shared with third parties. By choosing to participate and submitting your Personal Information with respect to such events, you consent to disclosure of your Personal Information to such third parties. Evenroute is not responsible for and disclaims all liability for any use of the information you choose to provide to such third parties.
(c) Safety, Security and Compliance with Law
We may disclose any information, including Personal Information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, to enforce our rights or to protect the safety and security of our Site, our online Services or other users. We may also exchange information, including Personal Information, with other companies and organizations for credit fraud protection and risk reduction.
(d) Business Transitions
4. Information for Persons Outside the United States
III. PUBLIC COMMUNICATIONS FEATURES
From time to time you may be able to participate in certain activities on the Site, such as uploading or downloading Evenroute files to publicly available folders on the Site, as well as posting reviews, and user opinions, and participating in user forms, chat rooms and/or bulletin boards which give you the opportunity to communicate or share information not just with Evenroute but with other users of the Site (altogether, “Public Communications Features”). Be aware that when you volunteer information or create a public profile in the course of your participation in our Public Communications Features, you are also agreeing to allow certain aspects of your Personal Information to be made public. This includes your username and any Personal Information or images that you add to your signature, or that you include in any upload or posting by you when using such Public Communications Features. You acknowledge and agree that Evenroute has no obligation to review, censor, or in any manner control the content of these Public Communications Features. Consequently, Evenroute has no liability or responsibility for information made available through these Public Communications Features and you will be liable to Evenroute for any liability that we incur as a result of any information submitted by you in or through the Public Communications Features.
IV. COLLECTION OF NON-PERSONAL INFORMATION
We also collect aggregate, non-personally identifiable information about you and your use of the Site that is transferred to us by your browser and/or by cookies when you access our Site and/or our online Services, and you may also be asked to provide non-personally identifiable information while using certain features or functionality available on the Site, such as your zip code and information about Site usage preferences (collectively, “Non-Personal Information”). Like most standard website servers, we use log files to collect Non-Personal Information, including internet protocol (IP) addresses, browser types, internet service providers (ISPs), referring/exit pages, platform types, date/time stamps, and the number of clicks. Non-Personal Information collected from you is used for various purposes, such as to analyze trends, improve our products and services, administer the Site and our online services, track user movement in the aggregate, customize the user experience and gather broad demographic information for aggregate use.
This site is not intended for children under the age of 13 and we do not knowingly collect any Personal Information from such children. Children under the age of 13 should not use our Site or our online services at any time, except in the presence of, and with the express consent of, his or her parents or legal guardian. In the event that we learn that we have inadvertently gathered Personal Information from children under the age of 13, we will use reasonable efforts to erase such information from our records.
VI. PRIVACY POLICIES OF LINKED SITES AND ADVERTISERS
Our Site may contain links to other sites, as well as advertisements from companies with their own sites. These other sites may not have privacy policies, and we are not responsible for the privacy practices or the content of such sites. If you have any questions about how these other sites use your information, you should contact them directly.
Evenroute implements reasonable security measures to protect the security of your Personal Information both online and offline.
When our registration and order forms ask you to submit credit card and billing information, that information is encrypted during transmission using secure-socket-layer (“SSL”) technology.
Our corporate values, ethical standards, policies and practices are committed to the protection of customer information. In general, our business practices limit employee access to confidential information to those employees we reasonably believe need such information do their jobs.
Notwithstanding anything contained in this Section VII, while we take reasonable precautions against possible security breaches of the Site and our customer databases and records, no website or Internet transmission is completely secure. Consequently, Evenroute cannot and does not guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your Personal Information safe (including your User Account password), log out of your User Account after use, and close your web browser.
VIII. CORRECTION/UPDATING/REVIEWING PERSONAL INFORMATION
You may contact us at email@example.com and request to review, amend or delete your Personal Information collected by us, and/or request us to cease collecting Personal Information from you in the future. You may also review and update much of your Personal Information by accessing your User Account.
If you do not want to receive special offers, marketing communications, newsletters or other promotional communications (“Marketing Communications”) from Evenroute, you may opt-out of future Marketing Communications by following the steps described in each such Marketing Communication, and/or you may send e-mails to firstname.lastname@example.org with a request to cease receipt of such Marketing Communications. Please note that once we receive your request, it make take an additional period of time for such opt-out to become effective. Also note that if you opt-out of our Marketing Communications we may still e-mail or communicate with you from time to time if we need to provide you with information or request information from you with respect to a transaction initiated by you, a product or service you have purchased or are participating in or for other legitimate non-marketing reasons.
X. NOTIFICATION OF CHANGES
XI. CONTACT US
Big Canoe, GA
Open Source Compliance
The software included in this product contains portions of software that are licensed under the GPL. Please see the GPL Web site to view the terms of the license.
You may obtain the corresponding source code from us for a period of three years after our last shipment of this product, which will be no earlier than January 1, 2019, by sending a money order or check for $8 to: Evenroute, LLC, ATTN: Evenroute Open Source Code Distribution, 11100 Big Canoe, Big Canoe, GA, 30143, USA. Please write “Source for IQrouter device” in the memo line of your payment. You may also request a copy of the source by e-mailing email@example.com with "Source for IQrouter device" in the subject line. This offer is valid to anyone in receipt of this information.
The GPL Code Code used in EvenRoute products is distributed WITHOUT ANY WARRANTY and is subject to the copyrights of one or more authors. For details, see the GPL Code for EvenRoute products and the terms of the GPL.