Skydio Software End User License Agreement
LAST UPDATED: APRIL 14, 2021
This Software End User License Agreement (“EULA”) governs the use by an individual or entity (“Customer” or “You”) of any Software (as defined below) that is provided to You by Skydio, Inc. (“Skydio”), whether pre-installed in an equipment that you purchased from Skydio, separately downloaded by You onto a mobile device or other system, or otherwise acquired by You.
If You use, download or install any Software, then You agree to be bound by the terms of this EULA, except to the extent any Software is the subject of a separate written agreement between Customer and Skydio that govern your use of such Software (“Pre-existing Agreement”). If You use the Software on behalf of a business entity or Government agency or department, then You represent that You have authority to take those actions and this EULA will be binding on that entity unless the entity has a Pre-existing Agreement. IF YOU DO NOT AGREE WITH THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE.
Licenses to Software that You acquire from Skydio will be only as evidenced in an Order Form (defined below) or other contract signed by both parties, a confirmation, an invoice, or another proof of entitlement issued to You by Skydio, including during an online purchase process (each of the foregoing, a “Proof of Entitlement”). Customer’s license to such Software is subject to this EULA and the additional limitations and conditions contained in the Proof of Entitlement, including, without limitation, the term of the license, applicable license fees (“Fees”), and limitations with respect to use on a single hardware device and the scope of permitted use. The Software provided or made available to Customer may include features or functionality that Customer may not use unless Customer purchases a separate license to such features and functionality.
If You are a business entity and You purchase a license to Software from a third party (“Reseller”), this EULA governs your use of the Software, and any terms in your agreement with the Reseller that are inconsistent or contravene the terms of this EULA shall not apply. You acknowledge and agrees that Resellers may only grant rights, and must pass through conditions, consistent with this EULA, and that any license rights given to You pursuant to Customer’s separate agreement with the Reseller that are greater than the license rights in this EULA shall not apply.
1. Definitions. Any capitalized terms used in this EULA that are not otherwise defined in this EULA shall have the meaning as set forth below:
“Authorized Devices” are (a) mobile devices that Customer owns or is authorized to use, and (b) controllers purchased by Customer hereunder, which in each case (a) and (b) are used by Customer to operate the Hardware purchased by Customer hereunder.
“Base Software” means capabilities, functions, or other features of the Onboard Software that are both: (a) standard capabilities, functions, or other features available and activated on Skydio’s base consumer version of Hardware, and (b) available for use without purchase of Advanced Software Package. Base Software may be specified and identified as standard features in the Order Form. Any capability, function or feature that is not a Base Software shall be deemed an Advanced Software.
“Hardware” means drones and other unmanned aircraft, controllers, accessories and related hardware that Customer purchases from by Skydio or its distributors or resellers.
“License Term” means with respect to an Advanced Software Package, the term of that Advanced Software Package, including (if applicable) the initial specified term and any renewal terms.
“Mobile Apps” are software applications (in executable form only), as may be specified on the Order Form, that are specifically intended for use on a mobile device (and any Updates thereto).
“Onboard Software” means software, in executable format only, embedded into or otherwise pre-installed on Hardware as supplied by Skydio, and any Updates thereto, whether or not embedded on read-only memory. Onboard Software includes Base Software and Advanced Software.
“Advanced Software” means optional capabilities, functions, or other features of the Onboard Software that may be specified and identified as such in the Order Form. Skydio’s characterization of capabilities, functions or other features as Advanced Software shall be dispositive. Notwithstanding any other provision herein, a software feature that is locked or otherwise disabled unless or until an Advanced Software Package is purchased for such software feature shall be deemed an Advanced Software. Advanced Software does not include Mobile Apps.
“Advanced Software Package” means an optional, limited-term, additional-charge license right, specified in the Order Form, pursuant to which Skydio shall unlock Advanced Software to permit Customer to use Advanced Software (and in some cases the Hardware that it controls).
“Order Form” means the written ordering document physically or electronically signed by both Customer and Skydio that specifies the Hardware, Advanced Software Package, and other Software licenses purchased by Customer.
“Software” means Onboard Software and Mobile Apps.
“Support Term” means, for Base Software, the support term specified in the Order Form, and, for each Advanced Software Package, the applicable License Term for such Advanced Software Package purchased hereunder.
“Updates” means any upgrades, updates, maintenance releases, bug fixes, or modified versions of Software that Skydio may release from time to time at its sole discretion.
2. License. Subject to and in accordance with the terms and conditions of this EULA and further conditioned upon Customer’s payment of all Fees, Skydio grants to Customer:
a. a limited, perpetual, non-exclusive, non-transferable (except as provided in Section 5 below titled “Transferability”) right and license to use the Base Software solely on Hardware;
b. a limited, perpetual, non-exclusive, non-transferable right and license to download, install, execute and use Mobile Apps on Authorized Devices solely to operate Hardware in accordance with this EULA;
c. if Customer purchases an Advanced Software Package for the use of an Advanced Software, as specified in the Order Form, a limited, non-exclusive, non-transferable right and license, during the License Term of the Advanced Software Package, to use the Advanced Software on Hardware that Customer purchases from Skydio solely to operate the Hardware in accordance with this EULA (“Advanced Software License”); and
d. a limited, non-exclusive, non-transferable right and license to install solely on Hardware any Updates to the Onboard Software, if and when provided by Skydio.
3. Additional License Terms. The license rights of Section 2 are limited to the United States, Canada, and Japan.
a. Unless otherwise specified in the applicable Order Form, the Advanced Software License is granted on a per-unit basis and it may only be exercised with respect to the specific units of Hardware identified on the applicable Order Form or, if the Order Form does not specify such units, then with respect to no more than the total number of Hardware units authorized on the Order Form, or if such total number of units is not specified on the Order Form, then only with respect to one (1) single Hardware unit (“Authorized Units”).
b. Rights under the Advanced Software License are not transferable between Authorized Units. When an Advanced Software License is exercised on a specific Authorized Unit (by unlocking, activating, accessing, or using the Advanced Software on that Authorized Unit), such Advanced Software License, or any rights thereof, cannot be transferred to a different unit of Hardware, except if Skydio replaces an Authorized Unit pursuant to a warranty claim, Skydio shall transfer to the replacement Authorized Unit, the Advanced Software License of the inoperable unit that is being replaced.
4. Limitations and Restrictions. The foregoing license grant excludes any right to, and Customer shall not (and shall not permit others to) do any of the following with respect to the Software: (i) license, sublicense, sell, resell, rent, lease, transfer, distribute, time share, operate as a service bureau, or otherwise make any of it available for access by third parties; (ii) disassemble, reverse engineer or decompile it; (iii) copy, create derivative works based on or otherwise modify it; (iv) remove or modify a copyright, trademark, logo or other proprietary rights notice or brand labeling in it; (v) use it to reproduce, distribute, display, transmit, or use material protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner; (vi) use it to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or otherwise engage, in a malicious act or disrupt its security, integrity or operation; (vii) install, execute or otherwise use or reproduce Onboard Software on any device other than the Hardware on which Skydio originally installed the Onboard Software except as otherwise expressly provided in this EULA; (viii) install any Software on any type of device not approved by Skydio; (ix) install, execute or otherwise use or reproduce Software other than as expressly permitted by this EULA and the applicable Order Form or other Proof of Entitlement, including without limitation using the Software in excess of limitations or restrictions specified in the applicable Order Form; (x) disable or otherwise circumvent any technological measures in Software to limit its installation, use or access;(xi) unlock, activate, access or use an Advanced Software on any device other than as permitted under an Advanced Software Package purchased by Customer; and (xii) publish or release any benchmarking or performance data applicable to the Software. Customer hereby agrees to indemnify and hold harmless Skydio against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing restrictions.
5. Transferability. Subject to the terms and conditions of this EULA, Customer may transfer the Base Software, including any relevant Base Software license rights, only on a permanent basis and as part of the sale or transfer of the Hardware on which the Base Software is loaded, provided that Customer retains no copies of any version of the Software. With the exception of the Base Software, Customer may not transfer any other Software or other Software license rights granted herein to another person or entity without the express written permission of Skydio, unless allowed by applicable law stating that transfer may not be restricted.
6. Evaluation License. Skydio may make certain Software available in object code form to end users only for evaluation, training, or other limited non-commercial purposes without charging a Fee (“Evaluation License”). Where Skydio has provided an Evaluation License, all of the terms of this EULA shall apply except that (i) Customer’s license rights shall be limited to the evaluation of that Software, (ii) Customer shall not be required to pay a Fee for the evaluation of that Software and (iii) Skydio shall have the right to revoke the license to the Software at any time and for any reason.
7. Updates. The terms and conditions of this EULA shall apply to all Updates or additional copies of the Software. Subject to the terms and conditions of this EULA, including Customer’s timely payment of all Fees due and owed to Skydio, Skydio will provide or make available to Customer, during the Support Term, Updates for Base Software, Mobile Apps and any Advanced Software that was enabled under the purchased Advanced Software Package on the Authorized Units. Notwithstanding any other provision of this EULA, Customer has no license or right to use any Updates to the Advanced Software unless Customer holds a valid license to the Advanced Software and has paid any required Fees for such Advanced Software. Updates are solely provided on a “when-and-if-available” basis and as made generally available by Skydio to its customers. Customer shall promptly install any Updates that Skydio designates as required for the continued safe operation of Hardware or operation of any Advanced Software.
8. Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software.
9. Reservation of Rights. The Software and documentation are owned by Skydio and its licensors, and is protected by copyright, patent, trademark, and trade secret laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and under applicable laws. As between Customer and Skydio, the Software, including without limitation intellectual property rights therein and thereto, are the sole and exclusive property of Skydio or its subsidiaries or affiliated companies and/or its third-party licensors. All Software is licensed to Customer, not sold. Skydio reserves all rights not expressly granted in this EULA, and no rights or licenses shall be deemed or interpreted to be granted or transferred hereunder, whether by implication, estoppel, or otherwise.
10. Fees. Skydio reserves the right to suspend and/or terminate access to the Software if any undisputed Fees are past due. Such suspension or termination shall not relieve Customer from its obligation to pay all undisputed amounts due under this Agreement.
11. Third Party Software and Open Source Software. The Software may include third party software, and open source software (“OSS”), and such software is provided under separate license terms.
a. To the extent the licenses for any OSS require Skydio to make available to Customer the corresponding source code included in the Software, Customer may obtain a copy of the applicable OSS source code by sending a written request to email@example.com (mailto:firstname.lastname@example.org). The OSS license terms shall take precedence over this EULA to the extent that this EULA imposes greater restrictions on Customer than the applicable OSS license terms. Customer acknowledges receipt of notices for the Open Source Components for the initial delivery of the Software.
b. The use of third party software or applications, or the integration of such software or applications with the Software, (collectively, “Third Party Applications”), may result in Customer data or information being transferred to a third party. Skydio is not responsible for, and Customer agrees to hold Skydio harmless, for any data or information transferred to third parties in connection with your use of Third Party Applications.
12. Commercial Item. The Software and associated documentation are “commercial items” as defined at FAR 2.101 comprised of “commercial computer software” and “commercial computer software documentation” as those terms are used in FAR 12.212. Consequently, regardless of whether Customer is United States Government or a department or agency thereof, Customer shall acquire only those rights with respect to the Software and associated documentation that are set forth in this EULA.
13. Terms Applicable To U.S. Federal Government Users. Skydio provides the Software for U.S. Federal Government end customers under this EULA with the following modifications: (i) as related to Government Customers, this Agreement shall be governed by Federal law, including questions of jurisdiction and venue; and (ii) any limitations of liability referenced herein shall be government to the extent permitted under Federal law. Government Customers shall indemnify Skydio relating to this Agreement only for actions and in amounts authorized by Federal law.
14. Term and Termination. This EULA is effective upon Software purchase, activation, or download, as applicable, and shall continue until terminated.
a. Paid License Term. Each Advanced Software Package purchased hereunder will have its own License Term. If Customer purchased a license to the Software, then the License Term applicable to an Advanced Software Package specified in Customer’s Proof of Entitlement is for the time period identified in such Proof of Entitlement, unless earlier terminated pursuant to this EULA. Except as otherwise stated in an Order Form, at the end of such initial term, and for each renewal term thereafter if any, subject payment of the then-current applicable license Fees for each such renewal term, this EULA will automatically renew for additional one-year successive renewal terms, unless either party gives notice of nonrenewal at least 30 days before the expiration of the then-current term. Unless Skydio terminates this EULA for breach by Customer, the perpetual licenses to use Base Software shall survive.
b. Free or Trial License Term. If you have obtained a license to a free version of the Software, then your license will continue until terminated in accordance with this EULA. If you have obtained a trial license to the Software, then your license will continue for such time period as may be specified by Skydio with respect to such trial (and if no period is specified, for 30 days). Skydio may terminate a trial license at any time at its sole discretion.
c. Termination. Skydio may terminate Customer’s license rights under this EULA immediately without notice if Customer fails to comply with any terms of this EULA or Customer fails to make any payment as required hereunder. In no event will termination relieve Customer of its obligation to pay any Fees payable to Skydio for the period prior to the effective date of termination. Upon termination or expiration of this EULA for any reason, Customer shall immediately cease using any Software and must destroy or return to Skydio all copies of the Software and associated documentation in its possession or control. The following sections shall survive the termination or expiration of this EULA: Sections 1, 2(a), 2(b), 2(d), 4, 5, and 7-25.
d. End of Life. Skydio may discontinue the provision of any Software, support, or Updates in its sole discretion in accordance with, and any licenses granted herein are subject to, Skydio Product End of Life Policy, which is available at https://support.skydio.com/hc/en-us/articles/360057153714 (https://support.skydio.com/hc/en-us/articles/360057153714), and is hereby incorporated by reference herein.
15. Disclaimer of Warranties. THE SOFTWARE IS PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYDIO, ON BEHALF OF ITSELF, ITS AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. SKYDIO MAKES NO WARRANTY OF ANY KIND THAT THE SOFTWARE, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOU OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. IN NO EVENT SHALL SKYDIO, BE LIABLE UNDER ANY LEGAL THEORY, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST PROFITS. CUSTOMER ASSUMES ALL RISK FOR ANY DAMAGE OR INJURY THAT MAY RESULT FROM CUSTOMER’S USE OF THE SOFTWARE OR ANY CONTENT MADE AVAILABLE USING THE SOFTWARE. CUSTOMER AGREES THAT CUSTOMER’S USE OF THE SOFTWARE IS AT CUSTOMER’S OWN RISK AND THAT CUSTOMER IS SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY OR LOSS OF DATA. ANY USE OF THIRD PARTY SITES OR THIRD PARTY APPLICATIONS OR CONTENT PROVIDED BY ANY SUCH THIRD PARTY IS AT YOUR OWN RISK AND SKYDIO PROVIDES NOT WARRANTY OR INDEMNIFICATION RELATED TO SUCH USE OR ACCESS.
16. Limitation of Liability. IN NO EVENT SHALL SKYDIO OR ANY OF ITS LICENSORS OR INFORMATION PROVIDERS AND OTHER SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, AND AGENTS, (COLLECTIVELY, “SKYDIO PARTIES”) BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE OR DATA, ARISING FROM OR RELATING TO THIS AGREEMENT OR CUSTOMER’S USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ARISING UNDER ANY OTHER LEGAL THEORY, EVEN IF SUCH SKYDIO PARTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, THE SKYDIO PARTIES’ AGGREGATE LIABILITY TO CUSTOMER OR TO ANY THIRD PARTY CLAIMING THROUGH CUSTOMER IS LIMITED TO THE GREATER OF $100 OR THE AMOUNTS PAID BY CUSTOMER UNDER THE ORDER FORM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. The foregoing limitations apply, even if the remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
17. Indemnification. Customer shall defend, indemnify, and hold Skydio, its affiliates, directors, employees, and representatives harmless against any liabilities, losses, damages, claims, demands, fees, expenses, and other costs of any kind or nature, including, without limitation, any attorney fees, expert fees, filing fees, judgments and settlement amounts associated therewith, as and when incurred, made by a third party and arising out of or related to: (i) Customer’s use of the Software in violation of this EULA, (ii) any violation by Customer or Customer’s employees, representatives or agents, of any applicable law or regulation, (iii) Customer’s violation of any third party right, including property, privacy, publicity, confidentiality or intellectual property right, or (iv) any breach or alleged breach of this EULA by Customer or any of Customer’s employees, representatives or agents, of any obligation, representation or warranty contained in this EULA.
18. Customer’s Representations and Warranties. Customer represents, covenants, and warrants that: (i) Customer will use the Software only in compliance with, and subject to all limitations and instructions in, any provided documentation and only as expressly permitted under this EULA; (ii) Customer will comply with all relevant laws, rules, regulation and statutes set forth by governments, law enforcement, and regulatory agencies when using the Software and that Customer will not use the Software for any illegal purpose; (iii) Customer will not operate the Hardware or Software outside of the United States, Japan or Canada; (iv) Customer will not use the Hardware or Software in any hazardous activity likely to result in death or injury to persons or injury to property; and (v) Customer will comply with all relevant flight limitations and restrictions that may be imposed during the flight and to obtain all required approvals and clearances from any government agencies before flight.
19. Export and Compliance with Laws. Customer acknowledges that the Software may contain encryption or encryption technology and may be subject to certain controls and restrictions under U.S. and non-U.S. export, re-export and other laws, regulations and restrictions, including, without limitation, the U.S. Export Administration Act of 1979, as amended from time to time, and regulations promulgated thereunder, U.S. trade sanction programs, and other regulations promulgated by the Office of Foreign Assets Control, the Department of Commerce or other departments of the U.S. government (collectively, “Export Regulations”). Customer agrees that it is solely responsible for obtaining and will obtain any necessary approvals or licenses from the applicable U.S. and foreign regulatory authorities. Without limiting the generality of the foregoing, Customer represents and warrants to Skydio that it will not, directly or indirectly, export or re-export, supply, or otherwise make available the Software or any related technical information or data to any person in violation of any Export Regulation, including, without limitation, re-exporting, supplying or otherwise making available the Software to any person on the U.S. Department of Commerce’s Denied Persons List or affiliated lists, on the U.S. Department of Treasury’s Specially Designated Nationals List, located in a country that is subject to a U.S. Government embargo or on the State Sponsors of Terrorism list or on any U.S. export exclusion lists (collectively, the "Export Denial Lists"). Customer represents and warrants that it is not on any of the Export Denial Lists and that Customer is not using and will not use any Software or related technical information or data to further activities in support of development, manufacture, or use of nuclear fuel or weapons, missiles, or chemical or biological weapons. Customer further certifies to Skydio that Customer will immediately notify Skydio if at any time those warranties and representation become no longer accurate.
20. Activation. Software may be programmed with technological measures to ensure that Customer’s use of Software and Hardware is authorized under this EULA. These technological measures include automatically communicating with Skydio via the Internet when the Software is in use to confirm that the license, pursuant to which the Software is activated, remains in effect and is being used in accordance with the terms of this EULA. IF, AT THAT TIME, THE LICENSE HAS EXPIRED OR TERMINATED OR HAS BEEN SUSPENDED, OR IF THE SOFTWARE IS USED IN VIOLATION OF THIS EULA, THEN THE SOFTWARE MAY DEACTIVATE AND WILL NOT OPERATE AND CUSTOMER MAY BE UNABLE TO USE THE SOFTWARE AND HARDWARE WHICH THE SOFTWARE CONTROLS. Skydio shall reactivate the Software promptly if and when the subject license is reinstated.
21. Reports and Audit. Customer agrees to monitor its use of the Software and maintain accurate, complete, and auditable records of its level of use. If at any time Customer becomes aware that it has used any Software without paying any applicable Fees or in excess of the limitations set forth in any applicable Proof of Entitlement, Customer shall promptly notify Skydio in writing of such use and pay any additional Fees for the type of the Software or the features or functionality thereof actually used by Customer. Customer agrees that Skydio shall have the right, at Skydio’s expense, to audit Customer’s use of the Software on at least 30 business days’ advance notice, during Customer’s normal business hours and no more frequently than once every year, which audit shall not unreasonably interfere with Customer’s business.
22. Feedback. Customer may provide suggestions, comments, or other feedback (collectively, “Feedback”) regarding Skydio’s products and services. Feedback is entirely voluntary. Skydio may use Feedback for any purpose without obligation of any kind. Customer hereby assigns to Skydio exclusively and perpetually, all rights, titles, and interests, including all intellectual property rights, Customer may have in the Feedback.
23. General Provisions. Skydio may assign this EULA without restriction upon notice to Customer. Except as otherwise provided herein, Customer may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior express written consent of Skydio; provided, however, Customer may assign this Agreement in its entirety, together with all rights and obligations hereunder, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets related to this Agreement, and Customer shall provide Skydio with prior written notice of such assignment. Any assignment or assumption in violation of the foregoing shall be void and of no effect. Subject to the foregoing, this EULA shall bind and inure to the benefit of the parties and their respective permitted successors and assigns. This EULA represents the entire agreement between the parties with respect to the Software, and supersedes any prior or contemporaneous oral or written agreements concerning the subject matter contained herein. The terms of any purchase order or similar document submitted by Customer to Skydio will have no effect. This EULA may only be modified, or any rights under it waived, by a written agreement executed by the party against which it asserted.
24. Venue and Choice of Law. This EULA will be construed, interpreted, and performed exclusively according to the laws of the State of California, United States of America, without giving effect to any principles of conflicts of law. The United Nations Convention for the International Sale of Goods shall not apply. Any action at law or in equity arising out of or directly or indirectly relating to this EULA will be instituted only in the Federal or state courts located in the County of San Mateo, California. You irrevocably consent and submit to the personal jurisdiction of those courts for the purposes of any action related to this EULA.
25. ADDITIONAL TERMS APPLICABLE TO MOBILE APPS
ADDITIONAL TERMS APPLICABLE TO GOOGLE ANDROID-BASED DEVICES.
If you are using an Android-based device, in the event of any conflict between this EULA and the Google Play Developer Distribution Agreement, the latter shall supersede this EULA.
ADDITIONAL TERMS APPLICABLE TO APPLE iOS-BASED DEVICES.
The following additional terms and conditions apply to you on your use of the Mobile App on an iOS-based device. In the event of any conflict between these additional terms and the rest of the EULA, these additional terms shall control. For the purposes of this EULA, “Apple” means Apple, Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California 95014, U.S.A., and “App Store” means an electronic store and its storefronts branded and owned and/or controlled by Apple or an affiliate of Apple. To the extent that the usage rules for the Mobile App set forth in Apple’s App Store Terms of Service are more restrictive, such usage rules shall apply.
a. This is an agreement between you and Skydio, and not with Apple. Apple is not responsible for this Mobile App and the content thereof.
b. Skydio grants you the right to use this Mobile App only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. The license granted is non-transferable.
c. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Mobile App.
d. In the event of any failure of this Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for this Application to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Mobile App.
e. Apple is not responsible for addressing any claims by you or any third-party relating to this Mobile App or your possession and/or use of this Mobile App, including but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
f. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim.
g. You must comply with any applicable third-party terms of agreement when using this Mobile App, if any.
h. Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance, Apple as a third-party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce this EULA against you.
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